Selma, TX "raped" me; Long read. Any Legal advice? | FerrariChat

Selma, TX "raped" me; Long read. Any Legal advice?

Discussion in 'Texas' started by Poweredbyme91, Mar 15, 2006.

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  1. Poweredbyme91

    Poweredbyme91 Formula Junior

    Dec 9, 2004
    942
    Now in San Antonio
    Full Name:
    Hector Silva
    I had the absolute worst experience with City of Selma yesterday. I’m going to make a really long story short, I drove from Houston to Selma for my scheduled court appearance by myself after it was reset to give me a chance prove I had insurance the night that I got pulled over. I sit down and wait for the prosecutor to call me and sure enough he does except it wasn’t the same prosecutor who reset my court date previously. He asks what I want to do about my tickets and I tell him that I came back with proof I had insurance that night just like the other prosecutor had asked and he told me that I couldn’t do that. That he would never allow such thing. I asked if I could speak to the other prosecutor and he said he would have no say in the matter. He began to tell me I was confused and didn’t know what I was talking about even though I had a copy of the court reset paper which plainly states “reset to show proof of ins.”. He didn’t buy it and basically told me to go screw myself and that he was the head prosecutor and that he was not going to honor such a thing. He quickly hushed me up quickly by telling me he was going to work a deal and told me he would dismiss my speeding ticket but that I would have to pay a fine for not having insurance which I had at the time just didn’t have the proof. This obviously wasn’t a good deal because I was planning to show him my proof of insurance which he never allowed me to show and I was going to fight my speeding ticket. Essentially I feel like I was oppressed by the prosecutor and felt like I had no say in the matter which resulted in a decision I did not want. I looked around the court room helplessly for someone to help me but the prosecutor immediately reiterated that he was the head and no one else could do anything about it. Everything happened in a matter of a minute and I felt completely helpless. So I decide to return to the court again and ask to speak to the judge but unfortunately only get the warrant clerk at the window and I explain to her how I think there was miscommunication between the prosecutor and myself. She then asks to see my proof of insurance and she compares the ticket to the insurance and concludes that the insurance was effective a month after the day I got ticketed for not having insurance. I explained to her that it was a renewed proof of insurance and that the other prosecutor told me I would just need to provide proof but didn’t know it had to be from the same date I got pulled over. I told her that I could provide one of the older proofs of insurance and she said that I couldn’t do anything about it now. At that moment the judge walked in and she told the judge what happened. The judge looked at me and asks “what are you complaining about, you got yourself a good deal” and I tell him that’s not what I wanted. And after that he said “It’s done with!” and my jaw dropped. A GOOD DEAL!? I don’t know if this is how they do justice in small cities but this could well have been one of the worst experiences I have ever had with any court system. I was never even given the opportunity to show the prosecutor I had proof of insurance because he was so busy trying make my decision for me.

    It only get’s worse.

    So I tell my girlfriend about the matter and she gets fuming mad and calls up the court. She begins to speak to same warrant clerk I spoke to and basically asks for clarification about the whole proof of insurance deal. The warrant clerk begins to cut her off in the middle of her conversation but my girlfriend humbly and nicely asks for the detailed steps of what a person does when he gets ticketed for not having proof of insurance at the time of the ticket. The warrant clerk tells her the exact thing that I was trying to do today. My girlfriend begins to tell her that “her boyfriend (me) was in the same situation but the prosecutor told him he couldn’t do it” that’s when she started getting rude and had an attitude with my girlfriend and the clerk suddenly hangs up on her. Very professional, huh?

    It gets a little worse.

    So my girlfriend calls her back after she hung up and asks her what her name is and the clerk puts her on hold. She gets back on the phone and says her name is barb. My girlfriend asks to speak to her manager and she says she isn’t there; my girlfriend asks to speak to someone above her and suggests to speak to the city manager and supposedly transfers her call. My girlfriend waits on hold for 3 minutes and no transfer. She calls back for the actual number and then the clerk gives the number up. My girlfriend speaks to the city manager and the city manager suggests to file a complaint against her and the prosecutor. My Girlfriend calls the clerk back and asks her for her full name and the full name and address of the prosecutor at which time the clerk turned on a voice conversation recorder and tells her that she only gives that information about the prosecutor to attorneys. She questions my girlfriend over and over if she’s an attorney and my girlfriend says no but then my gf asks for her name and finally gets it; Barbara Moore.

    This is where the legal advice comes. I feel so violated by the city of Selma. I certainly didn’t appreciate how the clerk spoke to my girlfriend and hate how the prosecutor handled my case. Everyone suggests I file a complaint on the prosecutor through the Bar and file a separate complain against clerk but I really feel like suing the whole city for violating my rights to due process. Is there any lawyers out there who can be recommended? What should I do? I don’t know if anyone else has ever had this type of experience but it’s really unfair that they try to play you as a fool. I don’t want to be a victim of their crappy justice system; I really feel like I had an unfair trial. I had good feeling when I went to court that everything was going to work perfectly because I had my proof of insurance like they asked and my speeding defense.

    If anyone posts something thanks in advance for your time in reading this post. If nobody posts, its okay, this will be a post to spread awareness about how small towns work when it comes to their justice system; Unfair, unfair and unfair. They’re all about racking up every charge imaginable, sending you to court and working some kind of “deal” in no ones favor except theirs even if it means using authority to get what they want. Thank you Selma for the warm welcoming. Ya'll have really left a sour taste in my mouth.

    BTW, I heard they made about $1.2 million last year off of traffic tickets.

    Careful guys...Don't make the mistake of speeding in Selma.

    Here’s my ticket thread.

    http://ferrarichat.com/forum/showthread.php?t=86120&page=2&highlight=selma
     
  2. rob lay

    rob lay Administrator
    Staff Member Admin Miami 2018 Owner Social Subscribed

    Dec 1, 2000
    63,962
    Southlake, TX
    Full Name:
    Rob Lay
    When dealing with a large municipality that is too big and doesn't know their front from back or a small place like this you are more likely to waste more time and energy trying to fight them than worth. I hate I'm getting apathetic about these things in my old age, but if impossible to fight, why get worked up over it?
     
  3. Fastviper

    Fastviper F1 Rookie

    Nov 20, 2003
    4,525
    Texas
    Full Name:
    Dash
    Sorry to hear about your story. I would pay whatever it is and move on. Life is to short.

    Selma has always been known as a speed trap. I dont think it will ever change.
     
  4. GrigioGuy

    GrigioGuy Splenda Daddy
    Lifetime Rossa Owner

    Nov 26, 2001
    33,105
    E ' ' '/ F
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    Snike Fingersmith
    Sorry you had a bad day.

    However, when everyone in your prior thread told you that you were toast in Selma, we had a reason. Next time, hire a lawyer.

    This is what is known as "a learning experience"

    BTW: you're probably better off being found guilty of speeding than pleading guilty to driving without insurance. If it's not a done deal, you might want to find that traffic lawyer

    edit: https://www.msb-gila.com/ePay/Faq.aspx#a8

    A conviction of driving without insurance will require a 'surcharge' to the state of Texas of $250 each of the next three years.
     
  5. Poweredbyme91

    Poweredbyme91 Formula Junior

    Dec 9, 2004
    942
    Now in San Antonio
    Full Name:
    Hector Silva
    No, it's pretty much a done deal. Spoke to traffic lawyer and couldn't do anything; he said just to file a complaint against the prosecutor and clerk, which I will be filing.

    Although ya'll guys did give me a warning about Selma, I honestly felt very comfortable over my control in choosing my fate and boy was I wrong.

    It was a nauseating feeling walking back into court and seeing a room full of clerks counting huge stacks of money on some tables and organizing everyones paper work and seeing them all look at me when I walked back in. Anyone ever seen that movie Texas Chainsaw massacre? That's exactly how I felt. Went up to different people there for help and all basically told me to F-off. Now I really wouldn't be suprised if the officials in small towns like Selma conspire together to burn their "visitors".

    Thanks guys for posting though...
     
  6. GrigioGuy

    GrigioGuy Splenda Daddy
    Lifetime Rossa Owner

    Nov 26, 2001
    33,105
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    Snike Fingersmith
    What's done is done.

    Now, the important thing is "Is the address on your license correct?"

    Soon the state will be sending a notice of surcharge to you, and you'll have to pay that surcharge to avoid having your license suspended. If they have an incorrect address, you may not receive the notice, and end up driving on a suspended license without knowing about it. Driving without a license is a Class B or A misdemeanor, which can mean jailtime or fines.
     
  7. wax

    wax Five Time F1 World Champ
    Lifetime Rossa

    Jul 20, 2003
    52,410
    SFPD
    Full Name:
    Dirty Harry
    That is a fantastic opening paragraph for a letter to the editor of the Selma paper.

    Summarize your first post, sandwich it into the frame of the latter, closing it with your money being added to the stack.
     
  8. SooprmanX

    SooprmanX Karting

    Nov 7, 2005
    63
    San Antonio, Texas
    Full Name:
    Ruben Pina Jr.
    Good ole Selma! Haha. I actually live in Selma and have firsthand experiences with most of the cops and the judicial system around here. Most of the cops are dicks and the judicial system sucks hardcore!

    Kind of off-topic but just to show you how they are.....One time some guys came over to "beat up" me and my brother. Well they came with a lot of friends and one of their "friends" turned on one of them and beat him up with a bat pretty bad. Long story short, no one would say who had the bat so the investigator was like "If you dont tell me who it was right now I am going to put it on your brother (talking to me)." Well he did, my brother got charged with assault with a deadly weapon even though he never touched the bat. Great system huh? We hired a lawyer and it all eventually got dropped but that's how things work around here.

    Recently someone broke into our house and the same investigator got assigned to investigate it. No surprise that no progress is being made on who broke into our house huh?
     
  9. Horsefly

    Horsefly F1 Veteran

    May 14, 2002
    6,929
    The jerks in Selma did shaft you, HOWEVER:
    If YOU received the ticket, and YOU had to go to court, what does your GIRLFRIEND have to do with anything? Why is she even involved? She's not your wife, your mommy, or your lawyer. No legal connection to you, or your affairs, at all. Sounds like getting a third party involved just added to the entire mess.
    Maybe I'm old fashioned, but a man doesn't come across with much credibility if he let's his girlfriend/wife/mommy clear up his problems for him.
     
  10. Poweredbyme91

    Poweredbyme91 Formula Junior

    Dec 9, 2004
    942
    Now in San Antonio
    Full Name:
    Hector Silva
    Im sorry, I forgot to mention. The night I got pulled over I was driving her car. I guess that's how she has a little to do with it because she's a witness first hand in knowing that the vehicle I was driving WAS indeed insured the night I got pulled over. My GF called up asking about the particular situation which I was in and asked how Selma usually handles them. That's when the warrant clerk told her that all a person does is bring their proof of insurance and they'll dismiss it. My girlfriend then tells her that "my boyfriend was just in there and they told him he couldn't do it" and she goes "oh yeah, I just had him in here.". My girlfriend then asks her why I wasn't able to to do anything about it when I was there. That's when the lady started making up excuses and got an attitude with her and hung up on her. For some crazy reason the lady told her that I having attitude with the judge and her which was an outright lie. That's what really makes me mad; I don't like being accused of things I did not do. I didn't include this above for the worry of boring ya'll to death with too much detail.

    Although she was fuming mad, all my girlfriend was doing is humbly asking a question about how a situation like that is handled. Why do they tell me it's okay but when im there they tell me it's not okay? Sounds like the prosecutor thinks he can do whatever he wants. I hate to say it but I feel like they racially discriminated against me as stupid as that might sound.
     
  11. ralfabco

    ralfabco Two Time F1 World Champ
    Lifetime Rossa

    Mar 1, 2002
    28,029
    Dixie
    Full Name:
    Itamar Ben-Gvir
    This is all a money making operation, that unfortunately comes at the expense of quite a few home owner's security.


    Where do I begin ?

    I can tell you stories about my 75 year old dad, who was recently pulled over for no seat belt. How my 70+ year old mother, was just pulled over for making a u-turn in front of a school. How an employee was just written up, for the first time in her life, for a (recent change) in the direction of a small road.

    How I was written up for a minor infraction (in a bone stock white Corolla), and the officer also included a fine, because of the auto dealer's frame, that just happened to cover part of Texas. - LOL No problem with these minor infractions. I am sure people need to be punished. However almost every day now, I see cops setting up traps for "just" minor infractions. Hiding under the overpasses, to catch people who have no seatbelts or expired inspection stickers etc... Meanwhile neighborhood patrols, seem to be quite ineffective.


    ... Here is a recent SITREP in Houston.

    Meanwhile down the road from my sisters house, a few blocks down, in a very nice upscale neighborhood, a bunch of criminals robbed a house, and found a pregnant woman. They decided to not rape her, because she was already pregnant.

    A few blocks from a friends house, in a nice neighborhood, a woman is followed home, and is shot several times in her own driveway, and manages to drive away.

    I drop my son off for school, and a constable has pulled over two different people for minor traffic violations. - No problem with that. You have to stop people for speeding etc... However on this two lane road, he has no problem, with the fact, that he is blocking one lane, and causing a very large bottleneck of traffic, exactly in front of the school. - So much for helping children get to school on time.

    ______


    If it makes you feel any better, after reading any of this, I played tag and won !!!!!!! See you later alligator. - The Hayabusa can scoot ! LOL
     
  12. rob lay

    rob lay Administrator
    Staff Member Admin Miami 2018 Owner Social Subscribed

    Dec 1, 2000
    63,962
    Southlake, TX
    Full Name:
    Rob Lay
    They don’t make cops like Greg Scott anymore. Among his great stories are meeting his ticket quota completely by writing tickets to people that died in the 19th century. He didn’t want to give tickets for any laws he broke himself. :) So his years on the Dallas PD he avoided all the minor stuff he could, but they did EVERYTHING they could to get in the middle of the real heat. How many cops today go to a serious call-in with lights off so not to scare away the criminal. Greg Scott put more serious criminals in jail and the ground than a hundred of those current day revenue maids.
     
  13. jknight

    jknight F1 Veteran

    Oct 30, 2004
    7,821
    Central Texas
    Rob, you couldn't have said it better! We all gave our opinions when this first came up - guess our opinions didn't make a hill of beans. If the gf was "fuming" mad, most often that type of behavior carries over into conversation and the person with that attitude doesn't even realize their tone of voice. Getting mad and dealing with the public doesn't accomplish anything - all you do is make yourself look like an a@@ - as the old saying goes "you get more with sweetness and honey". Life in the real world.

    Carol
     

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