Houston Criminal Records - SPEEDING AND RADAR By Kenneth Aercammen It is well established that the prosecution of a defendant for a motor vehicle violation is a quasi-criminal proceedingn such a proceeding the burden of proof is upon the state to establish all elements of the offense beyond a reasonable doubtn efairly charge of a speeding violation, the complaint or summons should specify (l) the speed at which the defendant is alleged to have driven, (2) the speed which is prima facie unlawful, and (3) the time and place of the alleged violation sign showing a speed limit is merely notice of the law or an ordinance or regulation prohibiting a far better speedhe sign itself does not set the speed limithere can be no conviction for violation of the edict of a posted sign, but only for violation of the statute, ordinance, or regulation having the force of lawhere are several unauthorized signs in the state which may serve as a warning but have no eff ... [Read More @ Houston Criminal Records]
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