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by steveincowtown
Thu Oct 06, 2011 4:34 pm
Forum: General Texas CHL Discussion
Topic: Need some advice on a ticket
Replies: 43
Views: 5675

Re: Need some advice on a ticket - UPDATE

pcgizzmo wrote:Well, here's what happened. I went in and plead "not guilty" the judge said OK wait for a bit and the prosecutor would talk with me.

She came in and asked me "What my beef was?" in a joking manner. I told her normally I do differed adjudication on my tickets and pay if I know I was speeding but this time I just was not. I even offered to let her look me up on their system because I was sure there were a ticket or two on there. I tried to get into radar specifics and tracking etc.. but that went no where with her. Then I pulled out the video from the cruiser I got from the police station and showed it to her on my Ipad. She said "Well, if I were on a jury if I saw this video I don't know if I could tell you were guilty beyond a shadow of doubt so I'm dismissing it".

That was good enough for me. I said "thank you for taking the time to listen to me" and walked out. I'm a pretty happy camper right now.

Just thought I would post an update.
Glad it worked out. Always flex your rights. Even though most LEOs are extremely well trained and have the best of intentions, they are still human beings.
by steveincowtown
Wed Aug 24, 2011 4:13 pm
Forum: General Texas CHL Discussion
Topic: Need some advice on a ticket
Replies: 43
Views: 5675

Re: Need some advice on a ticket

tacticool wrote:
steveincowtown wrote:I am not an LEO (although a big fan of those who are), but asking on officer how to successfully undo a ticket given by another officer is somewhat akin to asking your sister in law the best way to get away with cheating on your wife.
He says he was ticketed for 48 but wasn't going that fast, so it's more like asking your sister what to say to your wife if she accuses you of cheating when you didn't do it.
:lol::

Good point!

The OP did admit he thought he was going fast, just not 48. So it really is actually like asking you sister what to say to your wife is she accuses you of infidelity, but you know that you only kissed the other woman.
by steveincowtown
Wed Aug 24, 2011 3:05 pm
Forum: General Texas CHL Discussion
Topic: Need some advice on a ticket
Replies: 43
Views: 5675

Re: Need some advice on a ticket

KaiserB wrote:
steveincowtown wrote:
KaiserB wrote:
steveincowtown wrote:I am not an LEO (although a big fan of those who are), but asking on officer how to successfully undo a ticket given by another officer is somewhat akin to asking your sister in law the best way to get away with cheating on your wife.


I cannot picture any situation where you could appear in front of a Judge and argue against an Officer successfully that even though you were speeding, you weren't going as fast as he thought.

Almost every city in Texas has Deferred Disposition. Here is a ling to Keller's website on the subject:

http://www.cityofkeller.com/index.aspx?page=461" onclick="window.open(this.href);return false;

If you qualify, it keeps the ticket of your insurance and off your driving record.




This is simple. Can you make the case that it is not possible for your car/truck to accelerate to 48MPH in the space given? For example taking off from a stop sign and going 250' a car may only get up to 35 MPH not 48MPH as charged. Thus you would NOT be guilty of 48MPH and you are not required to admit to another speed to allege you were going slower than 48 MPH

Not to be a smart donkey, but I think the odds of engaging a LEO and a Judge in an argumentative conversation about Physics, for a traffic ticket, and absent a Attorney by your side are near slim.

It is not an argument it is a statement of the facts, and yes it has worked in court in the past. It is not an argument to state:

I drive a 2002 Toyota Corolla which accelerates at 5MPH per second (or whatever the manufacturers figure is).
I was clocked at the alleged speed of 48 MPH 65' from the stop sign.
The maximum speed a 2002 Corolla could have done at the end of 65' is ~18 MPH. If the car accelerates at 7.3 FPS^2, the maximum speed on could reach in 4 seconds duration 73' from a stop is 20 MPH.
Fair enough, but who answers these questions:

Who makes the call on how far you were from the stop sign? You or the cop?

Where would you find the evidence to support how quickly your car accelerates?

How would you prove that you have never done anything to you car to change it acceleration curve (does it have the stock air filter, has the muffler ever been changed, what kind of spark plugs did you use)?

What background do you have that allows you to judge distances? Did you measure it that day? Officer "X" has been more than likely had extensive training on traffic accident investigation and is an expert at identifying and judging spaces between moving and stationary objects?

What type of gas were you using on the day of the ticket? Reg or High Test?

etc., etc.

That being said if you were clocked doing 200 MPH in your 2002 Corolla, I think you might be able to come up with a valid argument about why that is just not plausible.
by steveincowtown
Wed Aug 24, 2011 8:40 am
Forum: General Texas CHL Discussion
Topic: Need some advice on a ticket
Replies: 43
Views: 5675

Re: Need some advice on a ticket

Beiruty wrote:How come a lawyer can talk the ADA to dissmiss a case? That is corruption if you can't do the same without a lawyer.
I agree....but the truth is 99.9% of all judges were lawyers before they were judges. The other dirty secret is that much like a regular workplace, Judges and the Lawyers who work cases the most in their courts do become friendly acquaintances. A lawyer friend of mine got me off a ticket in Richmond, VA at 11AM in the morning, and we were having lunch with the Judge at the local country club at 12:15.

To the OP. Good for you...flex your rights!
by steveincowtown
Tue Aug 23, 2011 4:39 pm
Forum: General Texas CHL Discussion
Topic: Need some advice on a ticket
Replies: 43
Views: 5675

Re: Need some advice on a ticket

KaiserB wrote:
steveincowtown wrote:I am not an LEO (although a big fan of those who are), but asking on officer how to successfully undo a ticket given by another officer is somewhat akin to asking your sister in law the best way to get away with cheating on your wife.


I cannot picture any situation where you could appear in front of a Judge and argue against an Officer successfully that even though you were speeding, you weren't going as fast as he thought.

Almost every city in Texas has Deferred Disposition. Here is a ling to Keller's website on the subject:

http://www.cityofkeller.com/index.aspx?page=461" onclick="window.open(this.href);return false;

If you qualify, it keeps the ticket of your insurance and off your driving record.




This is simple. Can you make the case that it is not possible for your car/truck to accelerate to 48MPH in the space given? For example taking off from a stop sign and going 250' a car may only get up to 35 MPH not 48MPH as charged. Thus you would NOT be guilty of 48MPH and you are not required to admit to another speed to allege you were going slower than 48 MPH

Not to be a smart donkey, but I think the odds of engaging a LEO and a Judge in an argumentative conversation about Physics, for a traffic ticket, and absent a Attorney by your side are near slim.
by steveincowtown
Tue Aug 23, 2011 2:19 pm
Forum: General Texas CHL Discussion
Topic: Need some advice on a ticket
Replies: 43
Views: 5675

Re: Need some advice on a ticket

I am not an LEO (although a big fan of those who are), but asking on officer how to successfully undo a ticket given by another officer is somewhat akin to asking your sister in law the best way to get away with cheating on your wife.


I cannot picture any situation where you could appear in front of a Judge and argue against an Officer successfully that even though you were speeding, you weren't going as fast as he thought.

Almost every city in Texas has Deferred Disposition. Here is a ling to Keller's website on the subject:

http://www.cityofkeller.com/index.aspx?page=461" onclick="window.open(this.href);return false;

If you qualify, it keeps the ticket of your insurance and off your driving record.

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