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Violation of Deferred Adjudication (driving)???

Discussion in 'BBS Hangout' started by Gummi Clutch, May 11, 2010.

  1. Gummi Clutch

    Gummi Clutch Member

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    I have not gotten a driving citation in years.
    A few months ago I was late to pick up my nephew from school.
    I took a unusual detour downtown in rush hour traffic right where the metro rail crosses Main St I think. Its the part where three lanes go down to one I believe. Everyone was fighting to get in the proper lane. I lost and got stuck in the turn lane. I decided to go straight anyways since no one would let me over.
    Needless to say there were two officers on the next block tag teaming cars and pulling them over left and right for violations in this disastrous intersection.
    BUSTED!!!
    I received a ticket for going straight in a turn lane.
    It had a second violation for changing lanes in the intersection.
    Isn't that the same thing? (side issue)
    It also had a third violation for failure to provide insurance (I was driving my retired father in laws car, this got dismissed, see below)
    Anyways, I went to court.
    I pleaded guilty.
    The judge gave me a choice of taking the driving safety course, or Deferred Adjudication (maintaining a clean driving record for 3 months).
    Being that I haven't had a ticket in years I thought my chances were pretty good so I took Deferred Adjudication.
    WRONG!!!

    I had been driving my retired father in laws car, because my vehicle that I had been driving for nearly 10 years blew the transmission, and I was contemplating fixing it, but also shopping for a new car. That week I got a deal on a new Toyota Tacoma (insert joke here).

    The very next day I was downtown again around rush hour.
    This time in the warehouse district.
    There is a street there that sort of curves back into the feeder of 59.
    There is a stop sign there.
    I stop.
    There is an officer in the middle of the street stopping a car on the feeder.
    No one else is around.
    I proceed to go.
    The officer motions for me to stop.
    I wait wondering whats going on since he is stopping us with nobody around.
    Is there a cross walk here?
    Next he motions me to pull over.
    WTF?!?!?
    I notice the same scenario.
    Two officers set up to tag team cars and write citations.
    He ask if I know why he pulled me over, I reply no, and he says I didn't stop at the stop sign.
    I couldnt believe it!
    I did stop at the stop sign!
    I did not blow through the stop sign.
    I did not roll though the stop sign.
    I did not yield through the stop sign.
    I STOPPED!
    (I will not argue how long I stopped but I did stop. Again there was only the officer and one other car around.)
    Anyway, I got a ticket.

    I went to court.
    I pleaded not guilty.
    I got a jury court date to fight the ticket.

    Next thing you know I get a letter in the mail with another court date for Violation of Deferred Adjudication.
    My question is how did I violate my Deferred Adjudication?
    I know I got another ticket.
    I know that I stopped at the stop sign.
    I know my chances of getting out of this ticket are slim.
    But I pleaded not guilty.
    Am I not innocent until proven guilty?

    Just wondering if anyone has any pointers on how I should deal with this???
    Again it's been a while since I had to deal with traffic citations.
     
  2. DonkeyMagic

    DonkeyMagic Member
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    in before "don't the cops have better things to do" and cop bashing in general. :cool:
     
  3. Mulder

    Mulder Member

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    Get a lawyer.










    No, seriously. Get a lawyer that does traffic stuff.
     
  4. Mr. Brightside

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    I never knew this was RR's second account?
     
  5. droxford

    droxford Member

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    Did the cop tell you he was gonna beat the mexican piss outta you, homey?
     
  6. Special Patrol Group

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    You violate deferred adjudication just by receiving another ticket for a moving violation. Read the letter they gave you when you left court the first time. I've been in your shoes, and the conditions for deferred in Houston Municipal Court do not specify that you must be convicted of another violation, only that you are ticketed. Other courts are different. Be careful in Houston.

    BTW, you don't have to appear for the probation violation. It's just a show cause hearing. They'll apply the money you paid towards the fine and the ticket goes on your record.
     
  7. Samar

    Samar Member

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    Why wouldn't you take defensive driving first? Then you could have taken deferred adjudication for the 2nd one. At least with defensive driving, you could have lowered insurance by 10% also.
     
  8. vlaurelio

    vlaurelio Member

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    call Atty Chris Gore for free consultation

    Gore Perrin Pllc, 611 Houston Ave, Houston, TX 77007. (713) 223-1600
     
  9. Xerobull

    Xerobull ...and I'm all out of bubblegum
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    The way that's written...After a few lines it started sounding like a Beastie Boys song in my head.
     
  10. Gummi Clutch

    Gummi Clutch Member

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    I called, they said they couldnt do much since I already pleaded guilty, but told me I should show to court and try to ask the judge to take the course or extend the Deferred Adjudication. I will let you know how it goes.

    They did say they were willing to represent me in court for the stop sign ticket and try to get it dismissed or lower the fine.

    Is using a traffic attorney it worth it?
     
  11. rrj_gamz

    rrj_gamz Member

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    Dude, you're loaded...you just won the lotto...just pay them b****es off...

    I'm currently on Def. Adj. and it states on both of them (one in Houston and Dallas) that I must avoid any violation in Texas/US...If you do get one, you fail and get to pay fine for tickets you deferred...That's that way it is on mine...

    As for the attorney, not sure if the traffic jockey will help that much...you can fight your running the stop sign yourself...
     
  12. Xsatyr

    Xsatyr Member

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    I took defensive driving 4 times in one year, all my tickets were at Lubbock courthouse. After the first two you have to pay defensive driving with an additional $150 to the court just for the chance to take defensive driving. By the fourth time they charged $200 just for the opportunity. They tell you that you can only take it once a year, complete bs at Lubbock.
     

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