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Foras31 · 07-01-2015, 11:35 PM

I currently have a speeding ticket that is winding its way through the system. I got it 11/20/14 on Avery Ranch Rd. Ticket says was doing 52 in 40.

Requested a jury trial before due date. At pre-trial hearing requested usual discovery for the radar. Court granted 80% of request.

Case had been continued for jury trial 4x. The prosecutor cannot provide any discovery and admitted in March to me that APD either does not have current records or does not keep records on their radar units. Though she will try to put the cop on the stand, they cannot prove their case.

This only works if it is a straight radar situation since if the cop also put on the ticket he observed you driving at X rate of speed, then it becomes his professional opinion separate from the radar.

Caveat: This is my experience, I hope this is helpful to all on this forum, if there are any questions, I welcome them.

ShysterJon · 07-02-2015, 06:41 AM

Quote:

Originally Posted by Foras31

Though she will try to put the cop on the stand, they cannot prove their case.

How do you reach that conclusion? Your conclusion doesn't follow from anything you stated in your post. I assure you if the cop who wrote the ticket shows up for the trial, he'll testify that he is trained to use radar and used radar to detect you speeding. That sounds like pretty good proof to me. What's your defense?

jzbass · 07-02-2015, 07:30 AM

For fuck's sake why are you fighting a measly speeding ticket? Are you seriously going to show up in court at least 5 times to fight a stupid speeding ticket? I don't get it. Pay it and get on with it. You're going to lose anyway.

orlyo · 07-02-2015, 07:50 AM

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.

ShysterJon · 07-02-2015, 08:00 AM

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.

LoneStarDieselCar · 07-02-2015, 12:53 PM

If you have a class a cdl, hire a lawyer and that will most always keep the ticket of your mvr and/csa and psp. If all you have is a class d and don't plan on getting a commercial license, lay the ticket and dont worry too much about it.

SARufus · 07-02-2015, 11:31 PM

I got a ticket in San Antonio for improper lane change. I contested it and the cop was a NCNS. The ticket was excused.

straightshooter30 · 07-03-2015, 08:59 AM

all the other tickets they issued may be at risk. Ask prosecutor if they will nul pross and just drop it. Maybe it will save them the embarrassment.

But know speeding tickets were issued long before radar was invented.

bule84 · 07-03-2015, 11:20 AM

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

TownCryer · 07-07-2015, 07:22 PM

I agree with SJ, I always pled not guilty show up for a meeting if I have not gotten a ticket in that location before and go with the deferred probation, and pay a fee usually equal to the court cost.
I have gone court, questioned the oath of office of the prosecuting attorney usually in the Clerk's office. This will delay the trail, but you will be back. Appealing the decision will usually cause the Judge to make sure all the elements of proof are in the record and you will be convicted. I have only had the officer not show once and that was by only a few minutes. This was only after I delayed in not taking the deal offered by the prosecuting attorney at the last minute. As I walked down the stairs the officer was running up the stairs. After that, I would go to the judge's office and he would call the prosecutor and send me over to his office to do the paperwork. Saves time and trips to the courthouse. Everybody is happy and life goes on. Just my method of dealing with a ticket.

Foras31 · 07-08-2015, 12:48 AM

That was the admission by the prosecutor. The issue is foundation. It isn't a waste of my time because (1) not forcing the government to prove their case means you are just like all the rest of the sheep, (2) for 22 years I picked a jury in California so I want to see what picking one in Texas is like, (3) I am better than any lawyer in Cal or Tx

Foras31 · 07-08-2015, 01:28 AM

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. Also, for me, maybe not you, it isn't a big deal since I have pounded cops in the sand for years in higher profile criminal cases and my total time has only been a few hours. The key concept for the non-lawyers is a word called "lack of foundation" as I explained, which was obviously missed, unless a cop also states on the ticket he observed you speeding, then he cannot lay a foundation and you will always win in the City of Austin. Also, on the Avery Ranch Road between Parmer and 183 the speed survey says the "safe" speed is up to 52 but your political hacks set it for 40, so they can bite me on that one also. But, hey, please bend over for the system and let the cops continue to act as nothing but revenue collectors instead of what they really are being paid to do is preserve and protect.

Foras31 · 07-08-2015, 01:30 AM

I will make sure you are not on the jury!

PlainVanillaATX · 07-08-2015, 10:20 AM

Or his INSURANCE....

-Nilla

Quote:

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.

PlainVanillaATX · 07-08-2015, 10:24 AM

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

Quote:

Originally Posted by Foras31

That was the admission by the prosecutor. The issue is foundation. It isn't a waste of my time because (1) not forcing the government to prove their case means you are just like all the rest of the sheep, (2) for 22 years I picked a jury in California so I want to see what picking one in Texas is like, (3) I am better than any lawyer in Cal or Tx