Seriously, this is for a friend...not me... She just finished taking defensive driving for a previous ticket for rear-ending someone, and now she got a ticket for going 80 in a 65 by a Harris County Sherrif. I doubt she can take defensive driving again. So instead of paying the fine and raising her insurance rates, what are her options? Can she fight the ticket? If so, what would she need to do? Could she do it herself or would hiring a lawyer improve her chances of winning (and anyone know of a good, cheap one here in Houston?)? Any help would be appreciated, guy. Thanks.
hirer a lawyer, will cost about twice as much as the ticket, but the cop probably won't show up for court and you'll win! get one of those lawyers that doesn't charge unless you win! ...win! Tell her to stop speeding unless she has an awesome radar or wants the stress of aways looking for traffic cops.
dont count on that. sometimes they dont show but if they do you are double screwed with lawyer fees and the ticket. pay the ticket, pay the premium increase and learn how to drive proper. Anyone want to bet she was on the cell phone and doing her makeup while she was speeding?
Even without an attorney, she can receive deferred adjudication. As long as she goes 3 months afterwards without a conviction for speeding, the ticket doesn't go on her record. There is a fine plus costs, but no record in the end, and no insurance rate increase.
If she does want to fight it, she could do worse than Harry Loftus in Houston. (sorry for extra post, no edit)
But with deferred adjudication, wouldn't she need to take defensive driving? And wouldn't that not work since she just finished taking it for a previous ticket?
No, defensive driving is a separate issue. So long as the speed is less than 25 over, she should be eligible for deferred adjudication. In Houston, she would be able to request it by mail and pay just over $200. Here's the application. http://www.houstontx.gov/courts/pdf/deferred-disp.pdf
I did this last week.....although I did not get the ticket dismissed (91mph in 55mph zone) I got to speak to the prosecutor and he put me on probation. This way my insurance is not notified.
