Fighting a speeding ticket

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pbwalker
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Fighting a speeding ticket

#1

Post by pbwalker »

Well, I was on my way home from the airport, after spending a few days in CT and MA for work. Anyways, I get over to the right lane to exit a flyover. I specifically remember being annoyed by the motorist in front of me going 40 mph. I get off the flyover and boom...red and blues are flashing. Bexar County SO pulls me over for 72 in a 60. He tells me he got me when I was exiting 410. I know darn well I wasn't going that fast because of the slow motorist in front of me. I explained to the officer the situation and he was less than pleasant and started yelling at me that he has it on video. I said "fine" and handed him my info. Ya gotta pick your battles, and the side of a road is not the place with an officer. He gave me a ticket for 73 (not the stated 72) in a 60.

Which leads me to my question...I have never fought a ticket before because I know I have been in the wrong in the past. But not this time. I have a flexible court date (anytime before 9/8/10). I want to go in prepared and ready to fight the ticket.

There was a fair amount of traffic in the area at the time. I was stuck behind a slow motorist, and wasn't speeding. What info would I need to bring to me?

Outside of dressing nice and being respectful, do I need to bring any supporting documentation with me (some kind of written statement by me, drawings of the area and the spot of the supposed infraction, etc.)?

Thanks in advance!
:tiphat:
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G.A. Heath
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Re: Fighting a speeding ticket

#2

Post by G.A. Heath »

Always good to take an attorney with you, if your not going to do that then at least seek the advice of one.
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Originalist
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Re: Fighting a speeding ticket

#3

Post by Originalist »

IANAL

First off you are going to go in there on or before the date on the ticket to plea, dont be expecting to plea your case at that point..... Then they will give you a date to show up, on that date you will have a discussion with the prosecuting attorney (PA) and explain the circumstances.... from there they could drop the citation, work out an acceptable solution for you (differred adjudication/Probation/Defensive Driving, etc) or they may hardline it... at which point you will be scheduled a court date where you, the LEO and the PA will meet before the Justice of the Peace (they handle County tickets) who will hear your case and decide you fate. Good luck...... most of the time the PA will offer you a small fine, court costs and 90 days differred adjudication (same thing as probation) which means no ticket in 90 days and this one gets dismissed and never appears on your driving record.
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Re: Fighting a speeding ticket

#4

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Definitely contact an attorney. I'm also fighting a ticket and the guy I'm hiring (good friend of my sister's) told me that lots of DA's or PA's will play the system and scare you into some sort of plea bargain because you don't know he can't ask certain questions. He also told me that most tickets that are contested with an attorney get dropped somehow, either by deferred adjudication or otherwise. If he doesn't have you on radar (which I assume, since he claimed his camera) that is very good news for you since, while admissible in court, the officer's testimony alone is generally not sufficient when contested by an attorney. You could subpoena the video he claims is evidence and see what you may be up against just in case.
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Re: Fighting a speeding ticket

#5

Post by flb_78 »

Request a copy of the video through the Freedom of Information Act.
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Re: Fighting a speeding ticket

#6

Post by pbwalker »

AFCop wrote:IANAL

First off you are going to go in there on or before the date on the ticket to plea, dont be expecting to plea your case at that point..... Then they will give you a date to show up, on that date you will have a discussion with the prosecuting attorney (PA) and explain the circumstances.... from there they could drop the citation, work out an acceptable solution for you (differred adjudication/Probation/Defensive Driving, etc) or they may hardline it... at which point you will be scheduled a court date where you, the LEO and the PA will meet before the Justice of the Peace (they handle County tickets) who will hear your case and decide you fate. Good luck...... most of the time the PA will offer you a small fine, court costs and 90 days differred adjudication (same thing as probation) which means no ticket in 90 days and this one gets dismissed and never appears on your driving record.
Is deferred adjudication an option if you are already on it? :???:
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Re: Fighting a speeding ticket

#7

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flb_78 wrote:Request a copy of the video through the Freedom of Information Act.
He should be entitled to that during discovery because it's potentially exculpatory.
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Re: Fighting a speeding ticket

#8

Post by tauruspt145 »

Ask for your case to be heard by a jury of your peers, since its your legal right. They should drop it because that is too time consuming and cost's too much money. Never done it but my dad swears by it.
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Re: Fighting a speeding ticket

#9

Post by Oldgringo »

I'm going way out on a limb with this but, has anyone given any thought to driving within the posted speed limits? I know it's crazy but it is a thought. It might be worth trying, you just never know....
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Re: Fighting a speeding ticket

#10

Post by PUCKER »

Not really sure how that applies to this thread, as the OP said he was not speeding...but I wasn't there...the OP was though. :tiphat:
Oldgringo wrote:I'm going way out on a limb with this but, has anyone given any thought to driving within the posted speed limits? I know it's crazy but it is a thought. It might be worth trying, you just never know....
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Re: Fighting a speeding ticket

#11

Post by pbwalker »

PUCKER wrote:Not really sure how that applies to this thread, as the OP said he was not speeding...but I wasn't there...the OP was though. :tiphat:
Oldgringo wrote:I'm going way out on a limb with this but, has anyone given any thought to driving within the posted speed limits? I know it's crazy but it is a thought. It might be worth trying, you just never know....
As stated by PUCKER, I was not speeding. If I get a ticket for speeding, and was speeding, then I deal with the consequences. But as stated in the original post, I was not speeding...thanks for the info though!
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Re: Fighting a speeding ticket

#12

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Since when do DA's prosecute class C traffic citations.
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Re: Fighting a speeding ticket

#13

Post by karl »

I had a meeting with the Assistant DA to go over my options (it's my first ticket) and have been talking to a lawyer who loved to tell stories about this and that. Then with my limited research I probably started making things up in my head and rolled with them.
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Re: Fighting a speeding ticket

#14

Post by Rex B »

gabe wrote:
flb_78 wrote:Request a copy of the video through the Freedom of Information Act.
He should be entitled to that during discovery because it's potentially exculpatory.
Yes, when you enter a plea and set it for trial subpoena the video. Should not cost anything, but find out the process beforehand.
Never tried the jury option, but I'd sure do that if possible.

I have a similar attitude about traffic offenses. If I'm guilty, I'll take the penalty.
But If I'm not guilty, I'm going to fight it well past the cost of the fines.
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