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Help! I need to get out of this ticket...

Discussion in 'Texas' started by TexasJon, Apr 7, 2005.

  1. TexasJon

    TexasJon Rookie

    Apr 7, 2005
    3
    Hey everyone, this is my first post on Ferrari Chat, my friend from California (a frequent poster on Ferrari chat and big time Ferrari nut) told me you guys might be able to point me in the right direction. I was pulled over for failure to stop at a stop sign in Humble TX. ( totally bogus btw) Do you know any lawyers in Houston that could help me? Maybe some advice on fighting it with procedural tricks? Any help would be appreciated.. Thank you
     
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  3. cdallen2004

    cdallen2004 Karting
    BANNED

    Dec 24, 2004
    212
    ^Well....It isnt unusual that you were pulled over for failing to stop your car at the STOP sign. And it was illegal, and dangerous for you to do so.

    However, if this is your first offense in three years (i believe) you can take defensive driving (on the internet or in a real class) and get this removed from your record.

    I had a speeding ticket for doing 130 in a 40MPH zone and this same advice worked for me.

    Hope I helped.

    CD ALLEN
    corneliusallen@cdallentexas.com
     
  4. WJHMH

    WJHMH Two Time F1 World Champ
    Silver Subscribed

    Sep 5, 2001
    22,483
    Panther City, Texas
    Full Name:
    Preferred Pronouns: Lord/Master

    Huh???? whataminute, no cop in Texas would let anyone go with just a ticket.
     
  5. cdallen2004

    cdallen2004 Karting
    BANNED

    Dec 24, 2004
    212
    ^Ooops....sorry. I really must be sleepy:(

    I meant going 66 in a 55 MPH zone.

    sorry for the initial confusion

    cd allen
     
  6. TexasJon

    TexasJon Rookie

    Apr 7, 2005
    3
    I think I stopped... If I didn't stop.. I couldn't have been going faster than a snail. There was nothing dangerous about it, and I don't want to go to traffic school.... This is the first offense in three years, but I want to fight this.
     
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  8. Caro Mio Cavallino

    Feb 7, 2005
    73
    San Antonio, TX
    Full Name:
    Carrie
    Check into "deferred adjudication." Its a nifty way of saying they'll dismiss it if you can serve a probation time without another ticket. I know its available for speeding tickets, so it may be available for other traffic tickets, too.

    Good luck...use the internet as a resource. Lots of good stuff out there.
     
  9. future328driver

    future328driver Formula 3

    Dec 10, 2001
    1,781
    Dallas, Texas
    Full Name:
    Ken Thomas
    I agree with Caro. Check into a diversion program. Usually you pay a diversion fee and there is no traffic school for the first time you use the diversion program. Basically, if you are on the diversion program and you dont have any violations within a given period of time (usually 3-6 months) your failure to stop citation will be expunded from your record.
     
  10. TexasF355F1

    TexasF355F1 Four Time F1 World Champ
    Silver Subscribed

    Feb 2, 2004
    47,886
    Houston
    Full Name:
    Jason
    Actually they will. My friend had his truck clocked at 140 and I don't remember what the cop said, but she let him go.
     
  11. Speed Racerette

    Speed Racerette Formula 3

    May 24, 2004
    1,319
    Dallas, TX
    Full Name:
    She wants Revenge

    If you want to fight the ticket then just go to court and plead your case. There are no procedural tricks if you don't want to pay the fine via deferred adjudication, want to take traffic school or whatever else you don't want to do. By your own admission, you may not have been going fast than a snail, but you weren't stopped.
     
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  13. lwpat

    lwpat Rookie

    Apr 11, 2004
    41
    You have two choices for a minor traffic ticket in Texas. There is a deferment where you pay the fine and are on probation. Not sure of the length of time but the clerk of court can tell you. If you do not get another ticket during the probation then this one is not entered on your record.

    The other option is online traffic school. You have to pay the fine and the school but the ticket does not go on your record. You do need approval from the court before taking the school. The advantage is that you don't have to worry so much about another ticket, no trip to court and you can still take the deferment later.

    The advantage of a court appearance is that they may reduce the fine or take it down to something with no points. It just depends on what that particular court usually does and again the clerk of court may give you some guidance, especially if you stop by in person.

    Here is the link to Texas Online Traffic School where you can check for your particular court.
    http://www.trafficschoolonline.com/?lcode=4013
     
  14. TexasJon

    TexasJon Rookie

    Apr 7, 2005
    3
    Hey, thanks to everyone for their responses...
    I'm heavily leaning toward the traffic school option...
    Still, what about procedural ways to fight? Even if I don't use them, I want to know about them... I'm from California (I'm here in Texas for a very short time) and I know of ways to fight using procedure in Cal. (trial by written declaration, discovery motions, requests for new judge) but I'm not well versed in Texas procedure...
    Who knows any ways to fight in Texas using procedural tricks?

    Thanks again for all the responses.

    P.S. Speed Racerette: the beauty of our legal system is that even if someone is guilty, or appears guilty, the State has a very tough time establishing their guilt... If I were to fight the ticket, it would be my right and some would argue duty to make it as difficult as I could for the State to establish my guilt. There's nothing wrong with the use of procedural tricks, or substantive arguments.
     
  15. The Godmother

    The Godmother Formula Junior

    Nov 5, 2003
    679
    Plano, TX
    Full Name:
    Marci H.
    When you get into small towns, they don't care. Just pay the fine. That's their attitude. No amount of arguing will work - I know. It happened to me about 20 years ago.

    Briefly, I went past the cop on my way to the barn with my horse in the trailer. On the way home, yup - there he was. And I had to stop - first there were two cars in front of me. Then there were three cars on the main road that I had to wait for. Then I was able to go. And guess who got pulled over for "failing to stop at a stop sign". Yup - yours truly.

    I went to court, I argued. I told the Judge I had seen him on the way to the barn, I knew he was there and I DID stop. For several minutes in fact. Her answer: The cop said you didn't stop, so pay the fine. Oh, you can take driver's school and it won't go on your record. But you'll pay the fine anyhow.

    Such is the country of Texas and it's Kangaroo Courts.
     
  16. WDR328

    WDR328 Formula 3

    Dec 11, 2003
    1,473
    The Bugscuffle Inn
    Full Name:
    D. Rose
    The last time I was involved in a situation like this, I went to court and the Officer that wrote the citation failed to show. Since there was no one there to plea the other side of the case the Judge was forced to dismiss. I also believe that if you decide to go to court, you can set up a date and then change the date (due to some personal reason) in an attempt to do an end run around the Officer.
     
  17. lwpat

    lwpat Rookie

    Apr 11, 2004
    41
    Texas does not have the procedural ways to beat a speeding ticket like California. The Godmother is correct, in Texas the judge is going to find you guilty unless you have an attorney. You do have the option however of requesting a jury trial. Some places do not like to hold a jury trial for speeding and will reduce it to a nonmoving violation. You just have to find out about the particular court.

    Getting a continuance usually will not work, especially for state troopers. A city or county officer is somewhat less likely to show but you are taking a chance of higher fines/points rather than taking the deferment or traffic school.

    If you want to fight a Texas speeding ticket then hire an attorney. otherwise take the school or deferment.

    lwpat
    http://www.speedingticketcentral.com
     
  18. Speed Racerette

    Speed Racerette Formula 3

    May 24, 2004
    1,319
    Dallas, TX
    Full Name:
    She wants Revenge
    ?????As I stated in my response to you earlier, "If you want to fight the ticket then just go to court and plead your case." I never questioned your right to argue or fight the ticket. No need for you to justify your stance on whatever approach YOU choose to take.

    I think everyone has been on the same page on the advice you asked for on getting out of your ticket. Perhaps you should seek the legal advice you originally mentioned if you are looking to hear a solution that is different from what we all have experienced.
     

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