Speeding Tickets in Texas
Burden of Proof and Discovery in Texas
Fighting a Speeding Ticket in Texas
Misc. Speeding Issues in Texas
Penalties and Reciprocity in Texas
Speeding laws for states are broken down into two separate categories: absolute speed limits and presumed speed limits. Receiving a speeding ticket under absolute speed limit laws means that you violate the law by driving even one mile over the posted speed limit. Texas is the only state that does not provide a speed limit for each road type. Texas only breaks down their absolute speed limits into those for urban areas and those of a highway numbered by Texas or the United States, including farm-to-market or ranch-to-market roads. Texas’s statewide absolute speed limit for urban areas is 30 miles per an hour on the streets and 15 miles per an hour in alleys. The state of Texas has an absolute statewide speed limit on highways depending on whether or not you are driving a passenger vehicle or a truck, truck tractors, trailers, and semitrailers.
Texas also breaks its absolute speed limits on highways into daytime speed limits and nighttime speed limits. The Texas statutory law has a general 60 miles per an hour limit for roads, but it also provides the road authorities with the power to set posted speed limits from between 70 miles per an hour and 80 miles per an hour if after conducting a detailed investigation of the roadway establishing that the increase is reasonable and necessary. Technically speaking, speeding tickets are a part of the criminal portion of law as opposed to civil law. So the type of professional who would be hired by a defendant in this type of case is a criminal defense lawyer. Additionally, the Texas Transportation Commission may set an absolute speed limit of 85 miles per an hour on any road as long as it is “designed to accommodate travel at that established speed or a higher speed” and an engineering review finds it is “reasonable and safe.” Generally the statewide absolute speed limit for a passenger vehicle traveling during the daylight hours is 70 miles per an hour in the state of Texas. However, in certain areas of Texas this posted speed limit may be increased to either 75 or 80 miles per an hour.
- Texas 115: 70 miles per hour south of Kermit/75 miles per hour north of Kermit
- Texas 302: 70 miles per hour Ector County/75 miles per hour in Winkler County
- Texas 176: 70 miles per hour Howard, 75 miles per hour in Martin-Andrews County
- Texas 18: 75 miles per an hour north of Kermit for the 9 mile stretch to New Mexico State line
- US 83 and US 277: 75 miles per hour in Dimmit County
- US 59: 75 miles per hour in Duval County
- Texas 16: 75 miles per hour in Duval and McMullen County
The Texas Department of Transportation is allowed to post 75 miles per an hour speed limits in counties with an average population of fewer than 15 people per a square mile and 80 miles per an hour speed limits on I-10 and 1-20 named in the statute located in rural west Texas with an extremely low population density:
- 75 miles per hour: between San Antonio and Odessa
- 80 miles per hour I-10: between Hudspeth County and Kerr County
- 80 miles per hour I-10: between Kerr County and El Paso
- 80 miles per hour I-20: between Reeves County and Ward County
- 80 miles per hour I-20: between Monahans and Jeff Davis Mountains
Whereas Texas’s absolute speed limit for a passenger vehicle traveling during the nighttime is 65 miles per an hour. Trucks, truck tractors, trailers, and semitrialers traveling in the state of Texas have a statewide posted absolute speed limit is never over 70 miles per an hour during the day light hours and 65 miles per an hour during the nighttime.
On the other hand receiving a speeding ticket under presumed speed limit laws means it is presumed that you have broken the law by not observing the posted speed limit and the driver is required to prove that he or she was going at a safe speed for the road and traffic conditions. Although most states have presumed speed limit laws for road conditions cause by weather, the state of Texas has absolute speed limits for when there are wet weather conditions. However, these speed limits will be determined, established and posted by the Texas Transportation Commission when the weather makes it necessary. Both the normal speed limit and the weather speed limit will be posted together so during severe weather it is the weather speed that must be followed.