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1/25/2018 7:38:29 AM
Posted: 7/9/2002 4:39:29 AM EST
I got a ticket this weekend for speeding on the freeway. The cop actually pulled over the guy in front of me, and I was stupid not to change lanes immediately...he told me to get over too! First speeding ticket in 14 years! Make a long story short, I was polite and so was he and he wrote me a ticket for 70 in a 55 (not to metion that 2 months prior the speed limit WAS 70 at this section, but that's irrelevant now). HERE'S THE DEAL...my scheduled court date is on my birthday. No, not my birthday this year, but my ORIGINAL BIRTHDAY...in 1971!!! LOL. That means I have missed my court date by 31 years! I wonder if there's a warrant out on me... Basically, the cop accidentally put my D.O.B. in the "date" section, but that date was for the court appearance. So, what are the odds of me getting this dismissed due to his error?
Link Posted: 7/9/2002 4:42:42 AM EST
Link Posted: 7/9/2002 4:51:07 AM EST
Definately less than one and much closer to zero.
Link Posted: 7/9/2002 4:51:28 AM EST
[Last Edit: 7/9/2002 4:54:38 AM EST by Torf]
It depends. Some courts require there to be proof (in the form of a radar gun) that you were speeding, and that it was you, and perhaps other things. Depends on where you live though. Often the county just wants your money and will dismiss the ticket, but not the fine. I have seen large-scale operations where a bunch of traffic cops will stop as many people as possible, and write each person as many tickets as possible. They know that the court will dismiss a lot of the tickets, but there will still be lots of revenue left over at the end of the day. If there is any doubt that you should have gotten the ticket, it usually makes sense to fight it. Traffic tickets are there for revenue. To answer your question though, probably zero. I had an officer misspell my VIN number and write that my car was Black instead of Maroon. The court couldn't have cared less. As long as they get your DL# and your vehicle plate, you are stuck.
Link Posted: 7/9/2002 5:05:53 AM EST
Probably not much chance on the written error. However, Texas actually does not give speeding tickets. The actual violation is something like "Driving to fast for conditions." Since the speed limit was 70 just previously, you can argue that you were driving safely. I understand a lot of people are doing that since they put those 55 mph speed limits into effect in the Houston area. If nothing else, the courts may now be so clogged with traffice cases that they may have to dismiss it since you will not be able to have a speedy trial. Check with a lawyer.
Link Posted: 7/9/2002 5:14:35 AM EST
[Last Edit: 7/9/2002 5:17:47 AM EST by Energizer]
Just go to the courthouse and ask for deferred adjudication. You will pay the fine, and be on probation for I think 90 days or so... then you come back, sign an affidavit stating you have not had any other moving violations during that period, and the ticket will be "erased". Or try defensive driving... Trying to fight the error with the date is a bit more difficult, especially since you have publicly announced this error... You knew there was a problem (with said date), and they will say that its your obligation to fix the problem... Maybe you could prove that the cop was not in his right mind, maybe he thought you were going faster than you were, and he "misread" the numbers, since obviously he has a problem with mixing up dates and incorrectly filling out the forms...
Link Posted: 7/9/2002 5:17:20 AM EST
[Last Edit: 7/9/2002 5:18:18 AM EST by bountyhunter]
You have no chance, it's easier to beat a murder conviction than a speed ticket.
Link Posted: 7/9/2002 5:18:57 AM EST
Either way-- you still lose money by paying court fees! I think cops like to give tickets just to see if people pay them, or try to fight it. Either way, it generates revenue...
Link Posted: 7/9/2002 5:26:07 AM EST
You could always ask for a jury trial, but then you run the risk of getting hit with greater fines and penalties for failing to yield for the safety of an officer and also for the speeding ticket itself... Since this is for 15 over the limit, I'd plead to a reduced speed of say 67 or 68, as it will look better on your record for insurance purposes!
Link Posted: 7/9/2002 5:37:55 AM EST
Originally Posted By antiUSSA: Since this is for 15 over the limit, I'd plead to a reduced speed of say 67 or 68, as it will look better on your record for insurance purposes!
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Or... just get it erased with deferred adjudication...
Link Posted: 7/9/2002 6:14:26 AM EST
[Last Edit: 7/9/2002 6:25:48 AM EST by monkeyman]
Originally Posted By Energizer:
Originally Posted By antiUSSA: !
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Or... just get it erased with deferred adjudication...
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Which is also known as "taking it under advisement". First thing is to ask the court to dismiss the case. Write them a letter to the court stating that you received a ticket, that you are innocent, but can't possibly comply with the court date and as such you would like the case dismissed. Put a copy of the ticket in the letter. Don't ask for another court date or say anything else other than you believe this matter to be settled. Put the burden on them to contact you or to arrange another court date. Keep a copy of your letter. If they do contact you with another court date, call the city attorney/prosecuter and explaing that you thought this case was settled and that it should have been dismissed. If that doesn't work, most courts will give you at least one postponment and sometimes more. Postpone the case as long as you can. During the postponement, look up the motor vehicle laws in your state to see what the preponderance of evidence is for speeding. It seems to me that if the cop made a mistake on the ticket with the date, he could also make a mistake in singling you out. In other words, if he is sloppy writing his tickets, he might also be sloppy in enforceing the speed limit or justifying the stop. Also, he if he radared the guy in front of you, he can't have radared you. In which case he can't say for certain what speed you were going. If he put 70 in a 55 on the ticket, how would he know you were doing 70 instead of 68 or 69? If you do fight it, those are the questions to ask. Don't admit speeding. If they ask you if were you speeding, just say, "this officer wrote me for doing 70 in a 55, I just want to know how he determined I was going exactly 70, that is what I am being charged with, since he just picks numbers arbitrarily as evidenced by the appearance date, he was obviously confused at the time he wrote this ticket." The officer would have had to lock his radar on the guy in front of you in order to prove him speeding, without a lock on you he really can't prove what speed you were going. If the above fails, work out a deal with the local prosecuter and plead guilty to 5 over, which in many cases is no points against your license.
Link Posted: 7/9/2002 6:23:24 AM EST
Him putting the wrong courtdate on the ticket is most likely not going to save you. If you do not show on the right court date, they will probably just issue a warrant for your arrest. You will be able to get out, but you might get to spend a little time in the poke until things get straightened out.
Link Posted: 7/9/2002 7:01:27 AM EST
Originally Posted By monkeyman: The officer would have had to lock his radar on the guy in front of you in order to prove him speeding, without a lock on you he really can't prove what speed you were going.
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I think the locking concept has changed in Texas... I believe they no longer have to lock it in to "show" you any proof. As for the letter-- be sure to send it registered.
Link Posted: 7/9/2002 7:01:49 AM EST
Originally Posted By Torf: It depends. Some courts require there to be proof (in the form of a radar gun) that you were speeding, and that it was you, and perhaps other things.
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Good point! I asked him if he popped me with the radar and he flat out said "No, but I buzzed the guy in front of you and you were behind him." Therefore, he has no "proof" that I was speeding. Another interesting note: He wrote "OK" at the bottom of the ticket in some whitespace. Any idea what that's about?
If you do not show on the right court date, they will probably just issue a warrant for your arrest.
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Ahhhh, but therein lies the problem...I have NO IDEA WHEN TO SHOW UP!!! At first I thought it was coincidental that the court date would be my birthday and he got the year wrong...but the courts aren't open on the weekends for tickets!
Link Posted: 7/9/2002 7:12:04 AM EST
Originally Posted By Tailgate:
Originally Posted By Torf: It depends. Some courts require there to be proof (in the form of a radar gun) that you were speeding, and that it was you, and perhaps other things.
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Good point! I asked him if he popped me with the radar and he flat out said "No, but I buzzed the guy in front of you and you were behind him." Therefore, he has no "proof" that I was speeding.
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You could probably beat that with a stick. The fact that he STATED that he didn't radar you proves that he has no idea how fast you were going. I got a ticket once for following too closely. The judge threw it out because he stated that "the only way to prove that someone was following too closely is for there to be an accident." I'd give you a 50/50 for beating the ticket. Try it, you can always get court sup. later if you fail.
Link Posted: 7/9/2002 7:15:44 AM EST
Originally Posted By monkeyman: If the above fails, work out a deal with the local prosecuter and plead guilty to 5 over, which in many cases is no points against your license.
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In Texas we don't get "points" on our license. Eventually they'll just get fed up with your shit and take your license away. [:)]
Link Posted: 7/9/2002 7:33:16 AM EST
Cut your losses. Plead not guilty to the speeding ticket. Bargain with the DA for guilty to a parking ticket. The infraction will not hurt your insurance. Less time Less fine Less insurance This works in Socialist NY Good luck, God bless
Link Posted: 7/9/2002 7:36:50 AM EST
Originally Posted By Canooger: Cut your losses. Plead not guilty to the speeding ticket. Bargain with the DA for guilty to a parking ticket. The infraction will not hurt your insurance. Less time Less fine Less insurance This works in Socialist NY Good luck, God bless
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Exactly, they still get their money, which is all they want in the first place, and your insurance doesn't go up any. Just be really nice! Keving67
Link Posted: 7/9/2002 8:04:13 AM EST
Originally Posted By Torf:
Originally Posted By Tailgate:
Originally Posted By Torf: It depends. Some courts require there to be proof (in the form of a radar gun) that you were speeding, and that it was you, and perhaps other things.
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Good point! I asked him if he popped me with the radar and he flat out said "No, but I buzzed the guy in front of you and you were behind him." Therefore, he has no "proof" that I was speeding.
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You could probably beat that with a stick. The fact that he STATED that he didn't radar you proves that he has no idea how fast you were going. I got a ticket once for following too closely. The judge threw it out because he stated that "the only way to prove that someone was following too closely is for there to be an accident." I'd give you a 50/50 for beating the ticket. Try it, you can always get court sup. later if you fail.
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You could always state that the "speeder" zoomed and cut you off, therefore you were behind him, etc....
Link Posted: 7/9/2002 8:08:50 AM EST
Originally Posted By keving67:
Originally Posted By Canooger: Cut your losses. Plead not guilty to the speeding ticket. Bargain with the DA for guilty to a parking ticket. The infraction will not hurt your insurance. Less time Less fine Less insurance This works in Socialist NY Good luck, God bless
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Exactly, they still get their money, which is all they want in the first place, and your insurance doesn't go up any. Just be really nice! Keving67
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Why go through all that hassle when you can just get deferred adjudication and it will be erased if all goes well on your probation (you still pay the fine)... or take defensive driving and it will be dropped (you still pay the fine) and you will get a discount on your insurance! I live in TX-- I know. Why bother waiting for a court date, talking/negotiating to the DA, etc.-- its just a waste of time, and time is money.
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