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Link Posted: 3/6/2013 11:06:44 PM EDT
[#1]
I've personally been in court when someone tried to agrue that the name was spelled wrong on the ticket, judge just ammended the ticket.

Also watched a lady try and argue that the cop could'nt be trusted because she was actually doing 15 over but he only wrote her for 5.....judge amended the ticket to 15 over and increased her fine, officer discression is a bitch.

However I've had a ticket dropped because the officer did'nt circle whether I was moving towards him or away from him when he was operating the SMD, different jurisdiction and almost all the tickets were dismissed that I saw.

If you supponae the officer in the hopes that he doesnt show up and then he does show up make sure you have some real questions to ask him, if you don't you look like a complete jackass to the court. And fyi most departments pay a min of 3 hours of OT to that officer to come in off the clock, so odds are your costing taxpayers money and should join the FSA :-)

T
Link Posted: 3/6/2013 11:26:44 PM EDT
[#2]
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Just to throw a completely different methodology out there: You could always accept responsibility for your actions, and pay the ticket.

I'm not making judgement calls--maybe it wasn't you, after all.  Only you know.

I just get tired of people making excuses for the way they drive.  If it wasn't a legit emergency, accept the rebuke for what it is: A little reminder that you need to pay a bit more attention to what you're doing behind the wheel.

Not intended as a slam, brother--just a thought provoker.


So, driving above the speed limit means a driver is not paying (enough) attention?  That's a pretty arbitrary conclusion.


I don't know what else it could be...Either you're not paying attention, or you're intentionally speeding...right?

...and if you're intentionally speeding, shouldn't you suck it up and pay the fine when you're ticketed?  Not try to find a way to "weasel" out of it?

Not trying to slam anyone, brother...but speaking for myself, I know what the speed limit is.  I don't go above it unless neccessary/justified.  If I'm out fucking around and get caught doing something I'm not supposed to be doing, I take my punishment like a man...(shrug).  Just my opinion, and I'm not slamming anybody else.
Link Posted: 3/6/2013 11:31:34 PM EDT
[#3]
Link Posted: 3/6/2013 11:36:51 PM EDT
[#4]
It's called the "scribbler's rule". Any decent prosecutor will envoke it and will be too Togo. They will have the officer stand up, identify you as ring the party the ticket was issue to and proceed from there as normal. It's commonly used for date, time, location, name, etc... As long as the officer can identify the correct information (name or whatever).
Link Posted: 3/6/2013 11:51:32 PM EDT
[#5]
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About 20 years ago, I was giving a ticket to sign and after I got home and looked at it, it was someones else ticket! Wrong everything. The cop got my ticket and someone elves mixed up and had us both sign each others ticket. I tried to argue this with the judge and he just threatened to throw me in jail. He asked the name on my ticket and then asked that person to stand up. Some dude on the other side of the court got up and the judge told him to exchange tickets with me. Total bullshit. So I plead guilty to a ticket that someone else signed. I pumped my fist when I heard a few years later the same judge fell over dead in court.





Wait, how did one person who got a ticket before the other person get the later person's ticket to sign before it was written?


This

Link Posted: 3/6/2013 11:57:14 PM EDT
[#6]
Link Posted: 3/7/2013 12:03:36 AM EDT
[#7]
Idk.

Do what you feel, bro.
Link Posted: 3/7/2013 12:05:26 AM EDT
[#8]
Quoted:
Quoted:
Quoted:

About 20 years ago, I was giving a ticket to sign and after I got home and looked at it, it was someones else ticket! Wrong everything. The cop got my ticket and someone elves mixed up and had us both sign each others ticket. I tried to argue this with the judge and he just threatened to throw me in jail. He asked the name on my ticket and then asked that person to stand up. Some dude on the other side of the court got up and the judge told him to exchange tickets with me. Total bullshit. So I plead guilty to a ticket that someone else signed. I pumped my fist when I heard a few years later the same judge fell over dead in court.





Wait, how did one person who got a ticket before the other person get the later person's ticket to sign before it was written?


This




They were written at the same time.
Link Posted: 3/7/2013 2:58:27 PM EDT
[#9]
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"Was it you, Sir?"

Are you asking me to give possibly incriminating evidence against myself, Sir?  


"Officer, did you issue this ticket to this person on __/__/__?"
"Sir, did this officer give you this ticket on __/__/__?"

YMMV.

The answer to that question would possibly incriminate me, so again, "Are you asking me to give possibly incriminating evidence against myself, Sir?"  


In va they avoid that difficulty by pretending tickets are not criminal, therefore none of your rights exist  It's pretty brilliant from their point of view.

My ticket alleges i was traveling 20 mph over the speed limit. In Texas, you can be arrested for that. If I can be arrested for it, then there is no way in fuck they're going to tell me it isn't criminal.  


Actually, that's not exactly true and I always love how everyone has these "rumors" and myths about what speed here in Texas you can be arrested for.  Some say 20 MPH over, some say 25 over, some say 30, etc.  I will tell you now, not only is there no speed at which you can be arrested for, but speeding in and of itself is one of only TWO crimes in Texas that you CANNOT BE ARRESTED FOR.  Open container being the other one.  If an officer stops you for speeding or open container, he CANNOT arrest you.  Now, if you are doing what I call "driving like an asshole" then he could very well indeed arrest you for reckless driving.  However, these is no speed limit that qualifies for reckless driving or not.  It is defined as driving with a willful and wanton disregard for the safety of other motorists.  Could 20 MPh very well be driving recklessly depending on what else you are doing?  Absolutely.  Is driving 20 MPH over the limit in and of itself arrestable... no... and stop spreading that myth.

And all violations of the Texas transportation code ARE CRIMINAL.  There are no civil violations in it.
Link Posted: 3/7/2013 3:07:14 PM EDT
[#10]
It is Texas, take D/A or DD and it goes away.
Link Posted: 3/7/2013 3:07:43 PM EDT
[#11]
Quoted:

You could blame a cop for a a simple error which has n bearing on your guilt after you were caught committing an offence and try to weasel out of taking responsibility for your actions.

Or

You could just man-up, admit you screwed up, pay the ticket and move-on.


I agree with this.  You took a chance, broke the law, and got caught.  Pay the fine.
Link Posted: 3/7/2013 3:08:27 PM EDT
[#12]
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This happened to my aunt from a normal traffic stop. Her name was just spelled wrong or it had the wrong birthdate or something like that. She consulted my other aunt (her sister) who is a lawyer and this is what she said:

Take it to court and just repeat "That is not me" pointing to the ticket. That's all you have to say.

She did this and got off scott free. The cop that wrote it was there and just smirked and shook his head because he knew he made a mistake and she was right; that is not her.


Actually that's called perjury.




Not if he is not John Simth it isn't
Link Posted: 3/7/2013 3:53:22 PM EDT
[#13]
Quoted:
Call me crazy, but I can't plea on someone else's behalf, and my name isn't on that ticket.  Am I off base with this?

Don't know about TX. You'd have to appear here if you wanted to fight it.

Quoted:
Show up and most likely it will get thrown out.
Seen one where the vehicle type wasn't listed correctly and thrown out.

Misspelled name and wrong vehicle type weren't enough for a dismissal where I worked. Judge would just amend it in court.

Quoted:
If there is a mistake on the ticket made by the cop it will be thrown out

Not everywhere. Consult a local traffic court lawyer.
Link Posted: 3/7/2013 3:57:52 PM EDT
[#14]
Quoted:
I'm skeptical.


By nature and trade.
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