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In layman's terms, deferred adjudication will remove an offense from your record providing you do whatever they require of you (e.g. go ticket free for X months). As far as I know, you have to be in court to get it.
I know that seems like a ridiculous issue to point out in trial but in my reading of how to fight a speeding ticket that is something worth mentioning: http://www.worldlawdirect.com/article/903/fighting-speeding-ticket.html While the officer is writing your citation (usually back at his vehicle) it is time to start your defense process. Begin to assimilate as much data as possible. Small details are essential. These are the kind of things that the officer will not remember when it comes time to appear in court. Some of the basic information you should be trying to gather is as follows: -Make, model, license plate number and unit number of the officer’s car. -Note your exact location and try to determine the distance between where you stopped and where the violation occurred. -Even though your citation will list the basic weather conditions, make note of all the weather conditions such as temperature, wind, cloud cover, etc. -Note any passenger names and be sure that your passengers remain totally silent during the entire stop unless they are asked a specific question. -Make note of your shirt or coat color. -Make note of any distinctive characteristics about your vehicle such as any noticeable dents, two tone paint, mag wheels, etc. Again, you are after as many small details as possible. -You also need to remember and note everything the officer said during the stop. If he talks on his personal radio during the stop, try to note these items as well. A lot of times the officer who stops you will not be the officer who was running the radar unit. It is crucial to your case that you establish this point. -Note the current traffic conditions and remember the surrounding traffic at the time you were pulled over. If you were surrounded by a sea of traffic try to remember anything and everything about that sea of traffic. Keep in mind I've never fought a speeding ticket so I was just asking about "weather" that fact is important :grin:
I suspect weather conditions would be more important if he stated it was wet and slippery (i.e. more dangerous conditions) as opposed to hot, but if you fight it, it's worth a shot.
And it would be priceless to capture the "who gives a ****" look the judge gives you when you mention it.........
I'd definitly fight it. Be sure to stress that you were only going 70 something because you thought the speed limit was 65. If you had known it was 60 you would not have been speeding as much. If you've had 8-11 tickets, why are you still so bad at answering cops?
1) pacing is a completely legitimate way of telling your speed and it is very common to hear that kind of testimony in court. Sure it may not be as "impressive" as radar, but the flip side is there are also far less ways of attacking it. Basically, you're only defense is "the cop is lying." 2) clerical errors don't matter on tickets. I suppose you could cross-examine him and attempt to undermine his credibility with those mistakes, but again, your defense would be "the cop is lying." 3) Yes, 10 tickets in 11 years is A LOT. I haven't recieved 10 tickets in my life. 4) Just because you get defensive driving, doesn't mean the cop can't see how many tickets you have. Defensive driving keeps it off your driving record, it doesn't expunge the ticket from any other database. If he was HPD all your other tickets from HPD would show up on his system. So he probably wasn't full of crap. 5) He doesn't have to put anything on the ticket that he doesn't want to. Him not putting something on the ticket that you told him to put on the ticket doesn't make him a jerk. You don't get to dictate how he writes tickets. He told you he paced you, frankly he didn't even have to tell you that. Now if you go to trial, you know he paced you and use it at trial. 6) If the cop shows up to court, you're probably going to lose.
Yes, as I cop/bailiff I can assure that your license will be suspended along with a hefty $800-$1200 fine.
Not sure if serious. Can you please expand on this? If none of them went on my driving record how would my licence get suspended? I know people that have multiple DWIs and still have their licence. Also, most of my tickets were when I was driving to and from Austin while I was in college so most of them were not issued by HPD.
bri'ish, then?????? DUDE. Seriously? "I've gotten no more than 10 tickets in my 11 years of driving"???? Dude, you deserve to get caught. Pay the lady at the door. Do not pass GO, do not collect $200. They let you know if you could do that at the first court appearance you make, or it's written on the back of the ticket stub or copy you received initially and sometimes you can even call the judge's office before even showing up.
Son, 10 tickets is beyond excessive. You better hope that suspending your drivers license and a fine is all that you get. We are dedicated to removing punks like you and your friends off the streets. So challenge that in court.
Seriously, averaging a ticket every 2 years (I'm sure you average more) is excessive. It can't be bad luck when it happens that many times.
First, I'm not your son. Secondly, since you weren't helpful in answering my original question I managed to find it myself: A person who receives four (4) or more moving violations in a period of 12 months, or seven (7) or more moving violations in a period of 24 months, is subject to having their license suspended. A provisional driver (under 18 years of age) who receives two (2) or less than four (4) moving violations in a period of 12 months, is subject to having their license suspended. Texas Transportation Code 521.292, 37 Texas Administrative Code 15.82. Thank you "Officer"
Yeah you're right. I'm not sure what any of this had to do with my original question but since I volunteered this information okay, I get it.
For what were all your other tickets besides this one for speeding, sir? And, don't worry, I won't call you "son"... even though I think you're about 10 years younger than me.
If you have the 'answer' then why did you ask. And if you managed to find it yourself try to manage and drive more safe and not endanger innocent people with your reckless driving. And about the ticket... We'll just let the judge decide. Slow down or GTF off the road, and if you can't do that we'll do it for you.
He was probably searching the internet maybe too fast... but then you paced him, he got upset and went and found it himself. His PC is probably "hot" right now.