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Posted: 12/31/2005 6:51:19 AM EDT
Received Speeding Ticket on 12/25/05. Pay Fine By Date Is Listed As 1/06/05.


The cop made a typo on the ticket and listed the fine payment date as 1/06/05 instead of 1/06/06.


I cannot comply with the date as the ticket instructs. Would this invalidate the ticket?
Link Posted: 12/31/2005 6:52:15 AM EDT
worth a try
Link Posted: 12/31/2005 6:52:34 AM EDT
Nope, but nice try. Be a man. If you were speeding, pay the ticket and quit whining.
Link Posted: 12/31/2005 6:52:48 AM EDT
I suggest waiting and asking the judge you are brough before after the bench warrant is issued for you. Let us know.
Link Posted: 12/31/2005 6:55:06 AM EDT
The only thing invalidated will be your DL if you dont pay it. No, a typo does not negate the ticket. Even in a trial, it would be a stretch to claim" so, you made a mistake on the ticket, how many other mistakes did you make"? Good luck.
Link Posted: 12/31/2005 6:56:16 AM EDT
Link Posted: 12/31/2005 6:58:38 AM EDT
The year 2105 is a long ways away
Link Posted: 12/31/2005 7:00:09 AM EDT

Originally Posted By SWIRE:
I suggest waiting and asking the judge you are brough before after the bench warrant is issued for you. Let us know.



That's what I was thinking. There could be a warrant issued for your arrest if they don't catch the error. That "pay by" date makes you look seriously overdue. I would go pay the fine in person and make sure they know a mistake was made.
Link Posted: 12/31/2005 7:00:25 AM EDT
had something like that happen to me about 10 years ago. Just pay it. not worth looking like a jerk to a judge.
Link Posted: 12/31/2005 7:10:00 AM EDT
The same thing happened to a guy named RANDY WEAVER.

It did not work out for him!!!!!


Balming
Link Posted: 12/31/2005 7:15:37 AM EDT
Call the courthouse. They just want your money. Issuing warrants for your arrest takes time and effort that could better be spent on taking your money.
Link Posted: 12/31/2005 7:21:50 AM EDT

Originally Posted By TheRedHorseman:
worth a try



+1 Get a lawyer. Many tickets are invalid for various reasons. The insurance will cost way more than the ticket.
Link Posted: 12/31/2005 7:29:24 AM EDT

Originally Posted By TacticalStrat:
Received Speeding Ticket on 12/25/05. Pay Fine By Date Is Listed As 1/06/05.


The cop made a typo on the ticket and listed the fine payment date as 1/06/05 instead of 1/06/06.


I cannot comply with the date as the ticket instructs. Would this invalidate the ticket?


No.Common error this time of year.Just pay the ticket.
Link Posted: 12/31/2005 7:43:55 AM EDT
DO NOT PAY THE TICKET. Most judges and courts will allow you to do deferred adjudication/probation in TX. You end up paying almost the same in court costs, but without the insurance penalty
Link Posted: 12/31/2005 7:46:05 AM EDT
Why don't you use all that advice you got in you other thread? Let us know how it works out.
Link Posted: 12/31/2005 7:49:26 AM EDT
[Last Edit: 12/31/2005 7:50:02 AM EDT by mikejohnson]
just because there is a mistake does not invalidate all of it....mistakes can possibly invalidate a portion, but probably not in this case...why not lawyer up and fight the speeding ticket - remember the "reasonable and prudent" discussion?
Link Posted: 12/31/2005 7:50:16 AM EDT
A simple question came to my mind: Were you speeding? A judge will ask you the same question. Lying under oath is considered perjury. If you were speeding, pay the ticket.
Link Posted: 12/31/2005 7:51:56 AM EDT
Wait, whoa, whoa... the important thing here is... why were you speeding, ANYWHERE, on Christmas, and why didn't the cop cut you a little bit of a break?
Link Posted: 12/31/2005 7:59:35 AM EDT
Pay 30 over the ticket, then when they send the balance back dont cash it, then they cant finalize the ticket.
Link Posted: 12/31/2005 8:02:26 AM EDT

Originally Posted By MadMardigan:
Pay 30 over the ticket, then when they send the balance back dont cash it, then they cant finalize the ticket.



It doesn't work. They are onto this shit now.
Link Posted: 12/31/2005 8:08:54 AM EDT

Originally Posted By Midnight-Sniper:
A simple question came to my mind: Were you speeding? A judge will ask you the same question. Lying under oath is considered perjury. If you were speeding, pay the ticket.



Here in Texas the speed laws are a little different - he must concede that he was speeding or argue it in court - he must show it was reasonable and prudent. There are no absolute speed limits in Texas, and the posted speed is prima facie evidence of speeding, but not absolute evidence. From the previous discussion, it appears he has a good case.
Link Posted: 12/31/2005 8:28:02 AM EDT
[Last Edit: 12/31/2005 8:33:33 AM EDT by TacticalStrat]

Originally Posted By MagKnightX:
Wait, whoa, whoa... the important thing here is... why were you speeding, ANYWHERE, on Christmas, and why didn't the cop cut you a little bit of a break?





I was on my way to the airport to catch a flight. I was allegedly speeding on a desolate highway (no one is on the road on xmas morning) because I was running a little late. The reason I was running a little late was because the cut-off valve on my toilet started leaking when I shut off the water to the toilet (I always shut-off my toilets and washing machine water valves when I go out of town). It took me about 15 minutes to get the leak stopped. This put me 15 minutes behind schedule. The speeding ticket and the "Cop Lecture" on the laws regarding handguns on airport property, put me another 15 minutes behind schedule. Then, the fact that ALL of the normal airport parking was taken up (YES--They closed the normal airport parking lot because it was full), required me an extra 20 minutes to park. I finally had to park in garage parking at $18 a day. Bottom-line: I was late for my flight and got to the gate 6 minutes before take-off. They were kind enough to let me on even though the rules say 15 minutes before take-off. However, my luggage did not make it and I had to do without luggage for about 24 hours. Drenched in sweat from running through the airport, I got in my airline seat as they were closing the airplane door.


The Cop cut me a break. He reduced the speed from "10MPH over" to "5MPH over".
Link Posted: 12/31/2005 8:31:52 AM EDT

Originally Posted By TacticalStrat:

The Cop cut me a break. He reduced the speed from "10MPH over" to "5MPH over".



5 mph over is beneath the "burden of proof" required for a speeding violation in the State of TX. The burden is 7mph over. You win this case in court automatically
Link Posted: 12/31/2005 8:35:37 AM EDT
[Last Edit: 12/31/2005 8:36:28 AM EDT by mikejohnson]

Originally Posted By ClayP:

Originally Posted By TacticalStrat:

The Cop cut me a break. He reduced the speed from "10MPH over" to "5MPH over".



5 mph over is beneath the "burden of proof" required for a speeding violation in the State of TX. The burden is 7mph over. You win this case in court automatically



please quote a source or is this armchair lawyer speak?

if the speed was not reasonable and prudent, the cop can ticket him no matter what speed he was going, and the fact that the radar measured even 0.0000001 over the limit would be enough to ticket him in texas.....
Now whether or not it will stick is another story, hence the burden of proof!
Link Posted: 12/31/2005 8:38:28 AM EDT
a ticket due in 10 days?... thats mighty short period of time
Link Posted: 12/31/2005 8:40:30 AM EDT
[Last Edit: 12/31/2005 8:41:00 AM EDT by TacticalStrat]

Originally Posted By Orion_Shall_Rise:
a ticket due in 10 days?... thats mighty short period of time




That's the way they do it here. I guess it minimizes the time people have to check their options on fighting the ticket, resulting in increased revenue.
Link Posted: 12/31/2005 8:48:57 AM EDT
No, they can screw up everything on the ticket. Doesn't matter


Link Posted: 12/31/2005 9:23:06 AM EDT
When they fuck up the address on a warrant it doesn't matter...
Link Posted: 12/31/2005 9:26:38 AM EDT

Originally Posted By mikejohnson:

Originally Posted By ClayP:
Originally Posted By Tactica
5 mph over is beneath the "burden of proof" required for a speeding violation in the State of TX. The burden is 7mph over. You win this case in court automatically



please quote a source or is this armchair lawyer speak?



This is common in traffic court. Most any TX traffic ticket attorney can acknowledge this
Link Posted: 12/31/2005 1:58:29 PM EDT
If you were only ticketed for 5mph over I think you got a good chance of it getting dismissed.

Just plead not guilty and request a trial by jury. The prosecutor will probably choose not to prosecute just because it isnt worth the hassle, and if he does then just use the whole reasonable and prudent argument in court.
Link Posted: 12/31/2005 3:14:12 PM EDT
[Last Edit: 12/31/2005 3:30:09 PM EDT by TacticalStrat]

Originally Posted By OFFascist:
If you were only ticketed for 5mph over I think you got a good chance of it getting dismissed.

Just plead not guilty and request a trial by jury. The prosecutor will probably choose not to prosecute just because it isnt worth the hassle, and if he does then just use the whole reasonable and prudent argument in court.




What's the "reasonable and prudent" argument?
Link Posted: 12/31/2005 3:55:09 PM EDT

Originally Posted By mikejohnson:

Originally Posted By Midnight-Sniper:
A simple question came to my mind: Were you speeding? A judge will ask you the same question. Lying under oath is considered perjury. If you were speeding, pay the ticket.



Here in Texas the speed laws are a little different - he must concede that he was speeding or argue it in court - he must show it was reasonable and prudent. There are no absolute speed limits in Texas, and the posted speed is prima facie evidence of speeding, but not absolute evidence. From the previous discussion, it appears he has a good case.



What about his 5th amendment protection against self-incrimination? He cannot lie, but he should not have to answer such a question.
Link Posted: 12/31/2005 4:08:30 PM EDT
Link Posted: 12/31/2005 4:11:44 PM EDT

Originally Posted By man_of_few_words:

Originally Posted By mikejohnson:

Originally Posted By Midnight-Sniper:
A simple question came to my mind: Were you speeding? A judge will ask you the same question. Lying under oath is considered perjury. If you were speeding, pay the ticket.



Here in Texas the speed laws are a little different - he must concede that he was speeding or argue it in court - he must show it was reasonable and prudent. There are no absolute speed limits in Texas, and the posted speed is prima facie evidence of speeding, but not absolute evidence. From the previous discussion, it appears he has a good case.



What about his 5th amendment protection against self-incrimination? He cannot lie, but he should not have to answer such a question.



texas is a lot different - if the conditions were good, then his speed would be considered reasonable and prudent - by going faster than posted suggested speed limit, the officer can ticket him at his own discretion, but exceeding the limit is only prima facie evidence that his speed was not reasonable and prudent, therefore he can contest it in court or let it stand...up to him

Link Posted: 12/31/2005 4:15:57 PM EDT
Remember Randy Weaver
Link Posted: 12/31/2005 4:20:29 PM EDT
Pay it.
Link Posted: 12/31/2005 4:36:05 PM EDT

Originally Posted By alaman:
Remember Randy Weaver




Nope! Who the heck is Randy Weaver? Did the cops shoot him or kill his dog for fighting his ticket in court?
Link Posted: 12/31/2005 4:39:10 PM EDT

Originally Posted By mikejohnson:
www.ar15.com/forums/topic.html?b=1&f=5&t=421051




To save me from reading 4 pages and reading every link contained in the 4 pages, can you just cut and paste the reasonable and prudent argument? Thanks
Link Posted: 12/31/2005 4:44:48 PM EDT

Originally Posted By Balming:
The same thing happened to a guy named RANDY WEAVER.

It did not work out for him!!!!!


Balming


The Nazis had pieces of flare, they made the Jews wear.
Link Posted: 12/31/2005 4:46:37 PM EDT

Originally Posted By tc556guy:

Originally Posted By TacticalStrat:
Received Speeding Ticket on 12/25/05. Pay Fine By Date Is Listed As 1/06/05.


The cop made a typo on the ticket and listed the fine payment date as 1/06/05 instead of 1/06/06.


I cannot comply with the date as the ticket instructs. Would this invalidate the ticket?


No.Common error this time of year.Just pay the ticket.


No kidding. Imagine trying to explain to a judge that your ticket isn't valid this time of year. I'm sure they never see mistakes like that.
Link Posted: 12/31/2005 5:02:39 PM EDT

Originally Posted By ClayP:

Originally Posted By TacticalStrat:

The Cop cut me a break. He reduced the speed from "10MPH over" to "5MPH over".



5 mph over is beneath the "burden of proof" required for a speeding violation in the State of TX. The burden is 7mph over. You win this case in court automatically

Hmmm...I wonder if maybe this is why he downgraded the speed? Stranger things have happened...
Link Posted: 12/31/2005 6:05:51 PM EDT
I remember years ago on the news where a civil, sheriff, or some high up LEO beat a DUI charge because the ticketing officer wrote the wrong date on the citation. Go to traffic court and watch which laywers get their clients off, they will be the ones that know everyone around and are laughing and joking with the people who are running the courts, and retain that one.
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