5

Texas and California are actually what are called Presumed Speeding states, unlike most others which are Absolute Speeding states. (There is a little known third category called Basic, but this is uncommon). In a presumed speeding state, a speed-limit violation offers someone in your shoes far more flexibility in building your defense than the more common ...


4

It is the job of the judge to instruct the jury about the law. If Texas had pattern instructions I'd look up what the instruction is for this matter, but you don't, so I don't know what the judge would say. But it is the judge's sole prerogative to instruct the jury in the law. If the question is a "commitment question", then it is an improper question and ...


2

You seem to misunderstand what prima facie means: accepted as correct until proved otherwise. The facts are that you exceeded the posted speed limit; therefore it is legally accepted that you were driving at a speed "greater than is reasonable and prudent under the circumstances then existing". To overturn the prima facie assumption you must prove beyond ...


1

My understanding is that if a state or local government builds or maintains roads using federal funds, that it is required to follow a variety of U.S. Department of Transportation design standards in connection with the roads built or maintained with those funds, and that the USDT audits its grant recipients for compliance with those design standards. The "...


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