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car travels on the highway.

As we have previously talked about in this blog, knowing an experienced speeding ticket attorney is essential because more speeding tickets are issued to people during the holiday season and many people do not know what Texas law actually says regarding speeding and speed limits. Simply put, unless the speed limit is clearly posted, a person cannot drive in Texas at a “reckless” speed that would not be considered sensible for the road conditions at the time.

               If you’re reading this, you’re probably thinking to yourself: “But the speed limit is posted most of the time. What then?”

               Of course, Texas traffic law has an answer – the “prima facie speed limit.”   Here’s what Texas traffic law says:

Sec 545.352 Prima facie speed limits: A speed in excess of the limits established by Subsection (b) or under another provision of this subchapter is prima facie evidence that the speed is not reasonable and the speed is unlawful.”

There’s that phrase again: “prima facie.”  So, what exactly does prima facie mean?  Prima facie is a Latin term and the literal translation would be “at first face” or “at first appearance.”   Today, it’s a fancy, lawyerly way of saying there is some type of automatically implied evidence that proves a fact (on it’s face).  In this case, what the law is saying is if there is a speed limit sign posted in a particular area at 65 mph and a driver is stopped going faster than 65 mph, then it is prima facie evidence that he/she is driving at a speed that is “not reasonable” and “unlawful” according to Texas traffic law.

               However, “prima facie evidence” does not necessarily mean “undisputable.” Here’s how Black’s Law Dictionary describes the term “prima facie”:

               “…on the first appearance; on the face of it; so far as can be judged from the first disclosure; presumably; a fact presumed to be true unless disproved to the contrary.”

               The key phrase in that definition is “unless disproved to the contrary.” Basically, anything described as “prima facie” is only considered a given fact until someone else can present evidence or a reason that it should not be considered to be a fact.

Understanding nuances in Texas traffic ticket law is why hiring an experienced speeding ticket attorney like the ones at The Coquat Law Firm is so important.  Many people who get a speeding ticket feel like they don’t have any way to fight the ticket, so they settle for just paying the ticket to “get rid of it.”  Having a speeding ticket attorney who knows the traffic laws review your speeding ticket case can help determine the best way to resolve it.  If there is an issue with your San Antonio or Bexar County speeding ticket, one of our speeding ticket attorneys can fight for you to reduce the amount you have to pay or even potentially have the speeding ticket dismissed completely.

No one should feel like they don’t have an option. Call The Coquat Law Firm and speak with one of our experienced speeding ticket attorneys today to see what we can do for you.

About the Author

Justin A. Coquat is a founding member of The Coquat Law Firm, P.C. Mr. Coquat has represented clients with Traffic Tickets, Speeding Tickets, CDL Tickets and MIPs for over seven years and has resolved an excess of 2,500 citations. He is a San Antonio native who went to The University of the Incarnate Word and then South Texas College of Law in Houston. Mr. Coquat represents victims of traffic tickets in the San Antonio Municipal Court, Bexar County Justice of the Peace Courts, Schertz Municipal Court, Selma Municipal Court, Leon Valley, Helotes, Hollywood Park, Alamo Heights, Shavano Park and Garden Ridge. He also resolves traffic tickets in other local jurisdictions such as the Helotes Municipal Court, Marion Municipal Court, Elmendorf Municipal Court, Three Rivers Municipal Court, George West Municipal Court and Justice of the Peace Courts in Comal County, Guadalupe County, Atascosa County and Live Oak County . Mr Coquat can be reached for a free traffic ticket defense consultation at 210-745-2825.

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Joe Maldonado - November 19, 2013 Reply

I recently got pulled over for speeding on a 30mph zone with no speed limit signs I was going 38 assuming it was 35
Also charged with no license plates on a tow dolly when I repeatedly told the officer they were not required
He seem confused and lacking of knowledge called, his supervisors over the phone away from me
He came back still undecided and confused telling me he wasn’t sure but he was still going to charge me with no license plates and let it judge decide at the citation
I don’t count with. Driver licence I have it expired
And also got charge with no Dl
Any advise would be helpfull

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