I need info on a wrongful speeding ticket. Help!?!?

First off I live in Houston, TX and yesterday my husband and I were driving down a very congested freeway. When we exited we were waved over by an officer for what we though was just a random vehicle check. License, registration and inspection sticker checks are not uncommon so we kindly obliged. When we rolled down the window to ask the officer what the problem was he said we were speeding. Now let me tell you that on I-45 at 5:47pm there is NO POSSIBLE WAY you could be speeding. Plus we were slowing to change lanes to turn in to a car dealership. Also, the officer had JUST let another vehicle go had no radar on him and said he clocked us coming off the freeway. Which was impossible if he was finishing up on another ticket. My husband asked how he clocked us, he replied with, he ';saw'; us. When my husband asked if there was a radar/laser that could be shown he refused and said that the radar didn't matter. We asked how fast we were going. He replied with ';uhhhhhh 57'; However on our ticket it states ';56';At this point my husband became agitated, and refused to sign the ticket. Honestly, there was no way we were speeding and we were the unlucky duck to fill the officer's quota. The officer told my husband to get in the squad car without reading him his rights and at this point I was in tears. I called my mother because I would need her help to get my husband out of jail when the officer threatened m husbands job and said since he was a teacher, he would make sure this offense had him fired. So, my mother asks to speak to the officer after i explain that there was no radar no nothing we were just waved over. At this point he tells my mother how rude and belligerent I was being. All I did was cry the whole time. I had never ever been in any type of trouble with the law. I have WAY too many law enforcement officials in the family to get in trouble. He said I questioned his ability to do his job. At that point I was upset and I said my uncle was a 25year officer on the force and we know better than to do something like this. Both our records are clean. I asked if I could talk my husband in to signing the ticket so we could be on our way. The whole time I answered yes sir, no sir...ect. He obliged and I get out of the car at which time he stops me in front of the squad car and yells at me over how his family get tickets all the time and how he was going to send me to jail over not hanging up the phone with my mother and obstructing a police investigation. He said when your in the presence of an officer you do what they say and you keep your mouth shut. He said he was going to have cps come get my child because I left her in the vehicle to talk to my husband...which HE ALLOWED. I did nothing wrong, my husband did nothing wrong. I know we should have just signed the ticket and went on our way- but this was just corrupt. Is there anything we can do to fight the ticket? I did talk my husband in to signing the ticket. This was not fair. He refused to explain the paperwork he gave my husband and said ';if he was smart enough, he'd figure it out';





What do we do?I need info on a wrongful speeding ticket. Help!?!?
From what you are telling me the officer was in the wrong for his action taken. If you want to contest the ticket wait until your court date when you can see that officer again. Explain to the judge what happen. As for as you husband not signing the ticket that is an automatic arrest. The cop saying that he'll have him fired is a bunch of BS. The cop saying that he'll have CPS come and take your child was way out of character. If the child was not placed in danger then there's no way a supervisor would even allow CPS to come out. I really want you to email me at officerhilson@gmail.com because there's somethings I want to say that I should post on hereI need info on a wrongful speeding ticket. Help!?!?
There should be a video record of the stop from the officer's dash cam ';if'; he had it running. You have the option to contest the ticket and the prosecution would be obliged to produce the dash cam tape from the cruiser as evidence. Make sure the ticket itself is genuine and not bogus by taking it to an alternate police station to have it verified. You haven't said what the limit on I-45 is on that stretch of highway, if it's 45mph it's conceivable an officer could eyeball a speeder but if it's 55mph the guy would have to be pretty special to ';observe'; 1-2mph over the limit.
Why would your husband not sign the ticket to begin with? It's not admitting guilt it's just agreeing you'll show up to court to dispute the matter. Go to court and tell them exactlly what you said here.
Ok...many problems here with your plea for commiseration





1. ';the officer had JUST let another vehicle go had no radar on him and said he clocked us coming off the freeway. Which was impossible if he was finishing up on another ticket.';





No, it is not. You obviously have no idea how a radar functions in a cruiser. Most, if not all, radars made within the past decade have a lock feature, which allows an officer to lock in one speed and keep the radar on to monitor traffic further. So, I could have someone pulled over and still have my radar active to monitor anyone else who feels like blasting by my cruiser while I have someone stopped.





2.';When my husband asked if there was a radar/laser that could be shown he refused and said that the radar didn't matter.';





I don't agree with the ';didn't matter'; part, but an officer is not obligated to show a driver the radar at the time of the stop in most states, especially when the roadway is congested, as you said it was. The last thing an officer wants is an angry driver throwing a fit out in the middle of traffic.





3.';He replied with ';uhhhhhh 57'; However on our ticket it states ';56';';.





I often write the ticket for a few miles below the speed I locked the driver at, because of the way fines work in my state. Every 5 MPH, the fine goes up, so if I get you at 81, I'll write for 79 to give you a break. By definition, your have to be going at least 56 if you are clocked at 57.





4. ';At this point my husband became agitated, and refused to sign the ticket';





Pure foolishness. Signing a ticket does not imply guilt in any way, it simply means that you know you got the ticket and what you are supposed to do. Without a signature, the only other way an officer can prove that you got the ticket is by arresting you and physically bringing you in, to show that you received the ticket. Refusal to sign is also a separate crime in itself.





5. ';The officer told my husband to get in the squad car without reading him his rights';





Miranda rights only need to be read if a subject is questioned after being placed in custody. If the officer did not question your husband at this point, there is no need for Miranda.





6. ';he stops me in front of the squad car and yells at me over how his family get tickets all the time and how he was going to send me to jail over not hanging up the phone with my mother and obstructing a police investigation. He said when your in the presence of an officer you do what they say and you keep your mouth shut. He said he was going to have cps come get my child because I left her in the vehicle to talk to my husband...which HE ALLOWED.';





I don't agree with the officer at all on this part, if it happened as you said. Since it occurred directly in front of his cruiser, it would all be on his cruiser camera. This is where I always have people stand to ensure we are both on camera.





7. ';I did nothing wrong, my husband did nothing wrong.';





You did not do anything worng, but by your own admission your husband refused to sign the ticket, which is an arrestable offense and just a foolish thing to do. If you want to argue the ticket, you do it in court. Regardless of if the speeding ticket is legit or not, acting in this manner is not the way to resolve the issue.





P.S. I like how you ';kindly obliged'; the officer by pulling over. You are required to by law. It's not like you were doing him a favor by pulling over for him.