I recently got a speeding ticket while driving to work in Central Austin. The cop said I was exceeding 40 mph in a 30-mph zone. I re-drove that section of road and there are no speed-limit signs at all. I want to challenge the ticket in traffic court. Can I win because there were no posted speed limit signs on the stretch of road where I was observed and ticketed?
Probably not. The starting point for determining the appropriate speed limit is to look to the posted signs. But the absence of speed limit signs is not an open invitation to do your best rush hour imitation of Lewis Hamilton.
Texas law sets out speed limit guidelines in various situations if no speed limit signs are posted. For example, section 545.352(b) of the Texas Transportation Code creates a universal speed limit of “30 miles per hour” in urban districts even where no specific speed limit signs are posted. An urban district is defined as any area improved with structures that are used for housing, business, or industry, separated by distances of less than 100 feet for a distance of at least one-quarter mile.
If the incident occurred in Central Austin, it’s highly likely the area would qualify as an urban district, which means that, even if there were no speed limit signs, the default speed limit would be 30 mph. Texas law states that speed in excess of 30 mph in this scenario is “prima facie evidence” (i.e., evidence sufficient to sustain a judgment unless contradictory evidence is submitted) that the speed is not reasonable and prudent, and is therefore unlawful. Arguing the fact that there were no speed limit signs at traffic court likely will not help your defense. Instead, you will need to show that you were traveling at 30 mph or less, or that your speed was reasonable and prudent under the circumstances.
This article appears in May 5 • 2023.