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Old 04-28-2013, 11:22 AM   #21
wackjum
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Quote:
Originally Posted by MadseasoN View Post
I'm not a lawyer but I found this:

Three Types of Speed Limits

The 50 states basically use three types of speed limits. We call these “absolute,” “presumed” (or “prima facie” in legalese), and “basic” speed limits. Because each type of speed-limit violation often requires a unique defense, it is key to understand which you are charged with violating.
•Absolute. Most states have an “absolute” speed law. There is no trick to how this works: If the sign says 40 mph and you drive 41 mph or more, you have violated the law.

^This is Texas. You were speeding, you already admitted to it. Take defensive driving.

http://www.nolo.com/legal-encycloped...hapter5-1.html
Texas has presumptive speed limits.



Quote:
Originally Posted by jhn1203 View Post
I got stopped for allegedly 100 in a 45 in Galveston County. He said "you passed me and your bike was really loud" Here is the kicker, he did NOT use a radar and I was actually going 44mph. He said he would take me to jail if I kept lying about my speed. Speeding in Texas is a class C misdemeanor, not punishable by jail, he used official oppression on me and I can easily get the ticket dismissed.
Mere speeding is not an arrestable offense, but at a certain arbitrary point it becomes reckless driving which is arrestable.

There's also no requirement that an officer use radar, pacing, or any other method in determining your speed. He can just rely on his observation and "knowledge, experience, and training" as an officer. The case probably won't hold up in court, but it is probably enough for probable cause for an arrest or citation.
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Old 04-28-2013, 11:28 AM   #22
Squidward
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Quote:
Originally Posted by wackjum View Post
Texas has presumptive speed limits.





Mere speeding is not an arrestable offense, but at a certain arbitrary point it becomes reckless driving which is arrestable.

There's also no requirement that an officer use radar, pacing, or any other method in determining your speed. He can just rely on his observation and "knowledge, experience, and training" as an officer. The case probably won't hold up in court, but it is probably enough for probable cause for an arrest or citation.
He's been on GCS for a few years 5+/- and is a rider as well, I think what makes him the most was that his dad died in the lone star rally 2012 (hit by a drunk cager)
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