Question for TX Leo's

[TXres]

Im a new resident to Texas that just moved from Florida, due to my job relocation. I recieved a citation for speeding over the weekend in which i was traveling with my Fiance to visit her brother. I was overtaking another vehicle on an interstate just outside of Houston on the downside of a bridge. During the pass I was traveling approximatly between 65 and 70 mph. The posted speed limited for the interstae is 65. Upon passing the officer in his cruiser he proceed to pull me over, so I immediatly switch over to the slower lane then onto the shoulder of the interstate. When he reached my vehicle he stated I was going 78mph and that he needed the proper documentations. He then returned to his vehicle and proceeded to issue the citation. He never used any type of speed monitering device to verify the speed in which I was traveling. After signing the citation I noticed my dob was incorrect and the speed in which he previoulsly told me I was traveling was now at 77. The thing that im uncertain about, is that the citation stated that is was an alleged speed? How can an officer issue a speeding citation just by assumption and no speed monitering device. If I was speeding I would own up to this and pay my fees and take the appropriate driving class, but I really dont believe this was fair under any circumstances. Any help explaining the Texas traffic laws that would help me better understand this would greatly be appreciative. Thankyou

[Cop786]

What makes you think he didn't have a speed measuring device? As far as him telling you the wrong speed, that happens. Sometimes I forget the speed by the time I get to the car, then when I return to my patrol car I can read the radar to write the ticket. (The speed is locked into the radar until I'm done with the stop). The citation says alleged speed because all violations are alleged. It is the court who decides if you are guilty, not the officer.

[PABear31]

The fact that he told you one speed and wrote another pretty much guarantees that he was using a speed monitoring device. He told you the highest speed that he observed but wrote you for the speed that locked on the equipment.

[TXres]

Thank you for your responces. The reason I feel he was not using a speed monitering device, was the fact I did not locate any type of radar or laser coming from his cruiser. I was using a one year old Valentine One. When my fiance questioned him on my speed, he then told her, "Well.......," and decided to change the subject. Im really not trying to get anyone upset here about this topic, im sure you here alot of these questions from a bunch of young reckless drivers out there. I just truley believe I was not traveling at such a high speed.

[Mid_Ohio_Po]

Ahhhh, my radar detector did not go off, therefore he couldn't have clocked me.

It is entirely possible that a speed measuring device was used without your detector activating.

[TXres]

Ahhhh, my radar detector did not go off, therefore he couldn't have clocked me.

It is entirely possible that a speed measuring device was used without your detector activating.
Is that so!? What is there some brand new type of super radar that your using now? I located about three different crusiers, previously to the pull over. Im not using a garbage detector. We all know that there are officers of the law that are not honest. And I unforchantly found him. But we'll see what happens in a few weeks. I'll keep you wonderful guys posted. Happy ticket issuing. :)

[edg103]

I re-read your post a couple of times. Clairify something for me, was the officer parked in the median or on the move? If he was on the move, the CVPI speedo is "Certified calibration". If he was parked, sue Valentine One cuz yo s*it be broke! :D

And yes, in Texas (as you found out) we in fact do have a "super radar". We were issued it with the new and improved flux capacitor option. Welcome to Texas, pardner! :p

[Northtechsan]

We all know that there are officers of the law that are not honest. And I unforchantly found him.

Nice assumption on your part...

There are also habitual traffic violators in this world and fortunately that officer found him one. (you have a radar detector, that's a prima facia admission of guilt).

No radar detector is as good as an officer who is well trained on using their equipment, regardless of the marketing hype by a detector manufacturer who is trying to sell a product. A $400 radar detector will not beat a $2000 radar unit (I know my Stalker Dual DSR is better than your Valentine One). When I visually observe a MV traveling faster than the posted speed limit, I can activate my radar, confirm the speed, and go back to hold mode before a radar detector gets a good enough signal to be sure its not a false alarm.

We can also pace you with our marked car, an unmarked car, time your travel between two fixed points (by ground or by air) we do it all in Texas.

However if your so sure the officer was dishonest, and not just human and said 77 when he meant to say 78. Take it to court and tell the Judge "he couldn't have got me with a radar, my radar detector didn't go off" see where that gets you.

[SgtScott31]

Bottom line, based on the defense you're giving the officers on this forum, we're telling you (in a couple of different ways ;) ) that you're not going to win. Save yourself some time, money & effort and pay the violation.

You stated you were going between 65mph & 70 mph. This means two things:

#1 - You don't know how fast you were going
#2 - The speed limit was 65mph, so the second you exceeded the posted speed limit, you are guilty

Whether it's 77 or 66, you're guilty either way of the same offense.

I love watching this in traffic court. The driver comes right up to the judge and says "YOUR HONOR I WAS NOT GOING 75mph in a posted 65 mph!!" The judge asks, "ok, how fast WERE you going?" About 70 I guess..... :rolleyes:

[Bigg Dogg]

If you were on I-10 west of Houston and was passing,you were goingway faster than 70!!!Flow of traffic on I-10 is about 75.

[t150vsuptpr]

... and I don't know your experience, but this is simply very poor form at best.
What makes you think he didn't have a speed measuring device? As far as him telling you the wrong speed, that happens. Sometimes I forget the speed by the time I get to the car, then when I return to my patrol car I can read the radar to write the ticket. (The speed is locked into the radar until I'm done with the stop). The citation says alleged speed because all violations are alleged. It is the court who decides if you are guilty, not the officer.
If you can't recall the speed reading long enough to relate it correctly to the violator, then how you going to testify truthfully in court that that was the rate? As I stated, this is poor form, it is what fuels public perception that it's a crap shoot and that officers make up whatever they want. It eats away at public trust (and no, 66 in a 65 is not the same as 78 in a 65 to a violator who knows that even that LEO travels half his shift at a mile or two over "just because")

We do not lock speeds in, by policy and we do not offer to show it to anyone for that reason. We are expected to treat every violator with the same seriousness we would expect if it were our driver's license on the line. On those extremely rare instances where because of a call going out or some other distraction, I do find that I have momentarily forgotten their speed, I kick them loose with a "Slow it down and have a safe day". I will never write a "best guess" or one in which the violation had such an impact on me that I forgot what it was that caused me to stop them in the fiirst place.

This thread starter is a case in point.
Im a new resident to Texas that just moved from Florida, due to my job relocation. I recieved a citation for speeding over the weekend in which i was traveling with my Fiance to visit her brother. I was overtaking another vehicle on an interstate just outside of Houston on the downside of a bridge. During the pass I was traveling approximatly between 65 and 70 mph. The posted speed limited for the interstae is 65. Upon passing the officer in his cruiser he proceed to pull me over, so I immediatly switch over to the slower lane then onto the shoulder of the interstate. When he reached my vehicle he stated I was going 78mph and that he needed the proper documentations. He then returned to his vehicle and proceeded to issue the citation. He never used any type of speed monitering device to verify the speed in which I was traveling. After signing the citation I noticed my dob was incorrect and the speed in which he previoulsly told me I was traveling was now at 77. The thing that im uncertain about, is that the citation stated that is was an alleged speed? How can an officer issue a speeding citation just by assumption and no speed monitering device. If I was speeding I would own up to this and pay my fees and take the appropriate driving class, but I really dont believe this was fair under any circumstances. Any help explaining the Texas traffic laws that would help me better understand this would greatly be appreciative. Thankyou
There are points that I might agree with you on, there are maybe some things I didn't agree with about how the violation & summons was explained & issued to you, I might even just slightly suspect that maybe he got the wrong vehicle, BUT then there is this post:
Thank you for your responces. The reason I feel he was not using a speed monitering device, was the fact I did not locate any type of radar or laser coming from his cruiser. I was using a one year old Valentine One. When my fiance questioned him on my speed, he then told her, "Well.......," and decided to change the subject. Im really not trying to get anyone upset here about this topic, im sure you here alot of these questions from a bunch of young reckless drivers out there. I just truley believe I was not traveling at such a high speed.
and as Bigg Dogg pointed out
If you were on I-10 west of Houston and was passing,you were goingway faster than 70!!!Flow of traffic on I-10 is about 75.
I am thus inclined to "loose" any sympathy for you and say no more. You didn't buy and choose to run a Valentine 1 to aid you in safe driving, you did it to enable you to violate the law with impunity.