Austin PD and speeding tickets

[SA Angel]

Originally Posted by ShysterJon

A driver doesn't have to take a driving safety course unless they're 25 years of age or younger. I'd advise a client in the OP's position to plead no contest, be placed on a short (30 to 90 day) deferred probation, and pay a fee. If the defendant doesn't get another ticket within the jurisdiction during the deferral period, the offense won't go on his/her permanent driving record.

Honestly, This is what I ALWAYS do. I don't even have to show up for the court dates and just let my lawyer handle it. I've never seen him. I've never been to his offices. I just pay over the phone to his secretary. Deferments are my favorite thing about Texas. (I'm from VA.)

OP - I think the problem is that all of your respondents value their free time more highly so would rather just throw money at it than deal with the hassle.

[ShysterJon]

Originally Posted by Foras31

Generally, I am surprised at some of the remarks, since silly me I thought this would be a more libertarian group. Seems like some repressed anger being vented at me for daring to mess with the system.

No offense, but you're not exactly Patrick Fucking Henry for contesting a speeding ticket, bro.

[bule84]

Originally Posted by Foras31

I will make sure you are not on the jury!

that would be much appreciated.....I don't care too waste my time so you can experiment and "fight the system". Sounds like a game to you, have fun with it, but don't suck me into it. you got a ticket, just deal with it

[tia travels]

Originally Posted by orlyo

I have a buddy who is a cop and he says he loves people who contest speeding tickets because as long as he shows up to court, it is an easy win and easy money for him.

Just take traffic school and have that ticket removed. Or pay the fine. It's not worth it.

My sister always schedules a court date. In the state where she lives, no lawyer is needed. Once she gets the date, she keeps rescheduling a few times. Eventually, her idea is...the cop doesn't show by the 4th time it's been rescheduled...and her ticket/case is usually dropped.

Me...I pay my ticket immediately...same day. The sooner I pay---the sooner it comes off my record. That's how I see it.

[The Eternal Bachelor]

Always fight traffic tickets. Always. Otherwise you support the system that preys on people to feed it's never-ending hunger for more money. They never have enough money so they keep inventing new laws to assess fines against "law-breakers."

http://www.wfaa.com/story/news/local...uota/28367771/

http://libertyfight.com/2015/Ca_Sen_...gislators.html

http://www.alternet.org/civil-libert...ct-revenue-non

Florida Cops Used Faulty Radars for Years, 10,000s of Tickets in Question
http://sputniknews.com/us/20150514/1022117574.html

Traffict tickets are not hard to beat but you do need to do your research. Most people would rather just roll over, pay the ticket and have their insurance rates go up.

I plead not guilty to a bogus traffic ticket because I knew I wasn't guilty. I filed my discovery motion, had the first trial postponed (the cop was "busy at a traffic accident") and had the ticket dismissed at the second trial. The prosecuting attorny never answered my discovery motion which I believe was one reason (lack of foundation and thus reasonable doubt by the jury) the ticket was dismissed.

These are "fast food" trials, I believe it was more efficient for the city's attorney to dismiss my ticket and avoid a trial that she would have lost in order to better spend her time stealing money from 10 people that won't fight their ticket.

I also like to think that the city attorney wanted to avoid being shamed by her fellow attorneys back at the office, "Ha ha, you lost against a CIVILIAN?!?!?! What lousy law school did you go to? LOL."

After my ticket was dismissed, three people came up to me asking me how I did it.

http://www.nolo.com/legal-encyclopedia/traffic-tickets

http://helpigotaticket.com/

http://ticketassassin.com/

https://www.2fixyourtrafficticket.com/

http://www.speedticketbeaters.com/

Originally Posted by bule84

I was on a jury a few years ago for a guy contesting a speeding ticket in a small municipal court where I live. He was going 70 in a 50 thru town. His defense was basically that he was going w the speed of traffic. When we went to deliberate, it was pretty quick. Everyone was like what the fuck is this guy wasting our time for, what is the max was can give him? Just pay it and do DD, or probably better to do what SJ suggests

Speed limits in Texas are prima facie which allows a driver to defend against a speeding charge if he can prove that his speed was in fact reasonable and prudent. Driving with the flow of other "speeding" traffic is reasonable and prudent. If you don't believe that, try driving 55 mph on a highway where everyone else is doing 80 mph.

http://www.mit.edu/~jfc/laws.html#types

[The Eternal Bachelor]

Originally Posted by PlainVanillaATX

WOW! "better than any lawyer in Cal or Tx"...... You keep on trucking and let me now how that goes. You've received a lot of very good, free legal and practical advice here from licensed Texas attorneys..... but if you insist, be my guest. LMFAO.

-Nilla

Founder of the Nilla Nice Movement: Please show kindness, courtesy and respect to others here......the same will be shown to you.

Wow, if this is how you show "kindness, courtesy and respect to others" as stated in your signature line, I'd hate to see what you are like when you get riled up.

[PlainVanillaATX]

Originally Posted by The Eternal Bachelor

Wow, if this is how you show "kindness, courtesy and respect to others" as stated in your signature line, I'd hate to see what you are like when you get riled up.

Exactly......

-Nilla

[ShysterJon]

Originally Posted by The Eternal Bachelor

Always fight traffic tickets. Always. Otherwise you support the system that preys on people to feed it's never-ending hunger for more money.

* * *

After my ticket was dismissed, three people came up to me asking me how I did it.

Remind me to nominate you for the Nobel Peace Prize, mofo.

[The Eternal Bachelor]

Originally Posted by ShysterJon

Remind me to nominate you for the Nobel Peace Prize, mofo.

Just in case you become a qualified nominator any time soon, get the nomination letter prepared and mail it so it is postmarked by February 1, 2016, or I'll have to wait until 2017 to get my Peace Prize.

[ShysterJon]

Shit! I meant Nobel Putz Prize.

[The Eternal Bachelor]

LOL!

With all due respect, I'd have decline your nomination.

That shit was funny though!

[CS25]

Foras31 and Eternal Bachelor...you both are correct that fighting it and winning is better than just paying money and having insurance rate go up. I don't think anyone would argue that whatsoever.

The problem is that most people don't have (or perceive that they don't have) a high probability to successfully file the necessary paperwork and motions, then successfully argue the legal points in court given their basis of knowledge. And to raise that probability will take time for learning and development of some basic expertise. Then most people would require burning vacation time from work to appear in court, etc.

If someone was retired, then perhaps the availability of time would encourage them to take on the system. The very fact that you state the system is rigged to take advantage of the masses is the very reason it works. Time is in shorter supply than ever for most Americans that are still working to eke out a living. Its not like you can schedule the court date on the weekend.

The law details and the court procedures for beating out a speeding ticket may be simple enough for the informed but for the true novice (no best friend, brother, sister in the family that is an attorney) it might create a worry about missing a detail that leaves them unsuccessful in their quest to beat the system. So they end up paying anyway.

And finally, quite honestly, the vast majority do not view it as a tennis match or a game of racquetball in which a strategy is developed for winning as you two do...directly to SA Angel's point.

PS. You have inspired me to try this in the future when I am retired. Just for the sake of knowing I beat the system.

[tia travels]

I personally don't have the time to take time off to go to court in all the different states I get tickets in. I do also know that once you have a few tickets (even if they've written them off in court), they still show on your record. Your history hasn't disappeared at all--only perhaps for insurance records/reasons.

For example, my brother fights his tickets...and wins. But one time a judge saw his record and decided not to let him off. He mentioned that he can see his driving history and he's not going to let him off this time. So...it doesn't always work.

Same goes with me. I can't very well go in front of a judge these days and say I didn't mean to speed or it wasn't me. All he would have to do is look at my history and see I speed and get caught on a regular basis. Even if they are dismissed, they can see you were still stopped for speeding. After as many tickets as I've had in 12 of the 50 states, its silly of me to even try.

Besides, when you go to court, you're paying extra fees to fight it, whether it's a lawyer (which some states require) or the fee to set it up, the fee you pay to have it taken off your record, and the fee of the ticket itself. Sure you might not get points, but you're paying the extra up front. My car insurance isn't really horrendous to me at all. If you're in a state like TX and you do the driver's education classes in order to get a 10% discount off your insurance, that's still a fee you have to pay--not to mention the precious time it takes to do the course.

By paying it immediately, I don't have to waste the extra time off from work going to court (money lost from not at work), don't have to waste the extra fees to pay to have the ticket gone. Also, I don't have to waste the extra weeks waiting for my court date wondering if I'll win the ticket or not...and if I don't, then it's 3 or 4 weeks later that the ticket "could have" been taken care of giving me 3 or 4 more weeks closer to that 2 or 3 year time limit that insurance keeps tabs on things. It's just not worth the hassle to me. Esp. if you end up having to pay the ticket still (which most judges will still make you do).

If I wasn't traveling for a living, and stayed in one place all the time, then yeah, maybe I would try and fight them. But for me at this point in my life where I'm always on the road, this is the best way for me.

Yes...I'm a speed demon. But more tickets for me means more money for donuts for you know who...

[tia travels]

[RocketSurgeon]

Originally Posted by Foras31

Generally, I am surprised at some of the remarks, since silly me I thought this would be a more libertarian group.

I can only speak for myself, but the libertarian-ism is strong with me. Best of luck fighting the good fight.