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Speeding ticket/citation question.

Discussion in 'BBS Hangout' started by Kam, Feb 4, 2003.

  1. Kam

    Kam Member

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    This may be too late, but I have a question. Last month, I got a citation for speeding on the feeder in Bellaire city limits. This is what happen.
    I am on the 610 West Loop, and I missed my exit at Bellaire. So I take the next exit, which I think is Evergreen or Beechnut. I think it is beechnut. I was going, only 65, 60 on the highway, so I got off the highway and on to the feeder. I had no idea that the feeder's speed limit was 40 MPH. They clocked me going at 65 in a 40 spot. There were pulling people over left and right, and right and left. It was a speed trap basically.
    But then there is another problem.

    I was using my dad's vehicle. I am not on the insurence. They looked at my driver's license, and insurence card, and the info didn't match. The only thing matching were our last names. He asked me where I lived, and I said at 7511.... MY TDL says I live at 5418. So now, the dumbass Bellaire cops tell me to go change it, or he will take me out of the car, and kick my ass with his stick.

    So basically, this is my first ticket/citation.

    My questions are, what should I do?
    Has anybody been pulled over by the Bellaire Punks?

    And most importantly, will my dad's insurence be higher?




    THey actually pulled me over for DWA.


    Driving While Asian.
     
  2. rockHEAD

    rockHEAD Member

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    live and learn... so when you're kid does it to you, you'll know what to do!

    :p
     
  3. DallasThomas

    DallasThomas Member

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    You should always contest your traffic tickets (plead innocent). If the cop doesn't show up to the court date they will assign you after you plead innocent, the case will be dismissed as soon as they call your name. There's two reasons why the officer probably won't show up:

    1.) You got pulled over at night and this officer works the night shift. He sleeps during the day and is asleep during your court time.
    2.) You got pulled over during the day and this officer works the day shift. He works during the time your court is taking place and is unlikely to show up.

    And, even if he does show up, it gives you more time to go change your drivers license address and get yourself put on the insurance. You shouldn't hire a lawyer or anything, just get the insurance card and ID updated and bring them in, and the judge will probably dismiss those charges anyways. The speeding thing wouldn't be avoidable if the officer showed up, but since its your first ticket ever, the judge will be more apt to direct you to take a defensive driving course and have it taken off of your driving record once you've completed the course.
     
  4. 4chuckie

    4chuckie Member

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    Actually most cops love going to court. They get paid OT and in 2 hour increments. So if they show up for 1/2 hour and there is no case they still get paid OT for 2 hours.
    A couple friends of mine are cops and that's they way they do it here (OT for showing up to court) but it could be different in Tx.
     
  5. Behad

    Behad Member

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    Or just take a defensive driving course and have it removed.

    As for the insurance, you insure cars, not people. As long as the vehicle had the proper liability insurance, there should not be a problem there.
     
  6. codell

    codell Member

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    Despite driving over 30,000 miles a year, Ive had only 1 ticket the last 3 years, and it came from the Bellaire Police. They do indeed pull quite a few people over, especially on Bellaire near Kirby. I was doing 43 in a 35.

    From what I have seen, they do not discriminate however. They are Equal Oppportunity Ticketers.

    Dallas Thomas gave good advice. However, giving that the Bellaire Police Department and the city of Bellaire, in general, are so small, I would bet money that the officer WILL show up in court.

    My advice: Take defensive driving for the ticket and get your info on your license changed like the officer told you to do. Also, bring you and your dads insurance liability info with you to get that ticket dismissed.

    If you take defensive driving, your insurance will not only not go up, but might drop a lil (most carriers offer a small discount for defensive driving).

    Also, as long as you have liability insurance on yourself, and your dad has liability insurance on the car, then the ticket for that should be dismissed.
     
  7. codell

    codell Member

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    That is not entirely accurate. Liability insurance covers people too.

    In Kam's case, his own liability insurance covers him as a person, while his dad's covers the car.

    For example: Lets say Kam hits someone and the accident is his fault. He is driving his dad's car and both he and his dad have liability insurance.

    What would happen is, Kam's liability insurance covers the damage to his dad's car (even though the car is on his dad's policy and not his own). His dad's liability insurance on the car itself would cover the damage to the car he hit.

    So basically, Kam's dad would file a claim against Kam's Insurance while the 3rd party (other driver) would file a claim against Kam's Dad's Insurance.


    :)
     
  8. Behad

    Behad Member

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    But my point is that he should not get a ticket for driving without proof of insurance, as long as the vehicle has liability coverage. That's no different than borrowing a friend's car, or driving a company vehicle. The company owns the vehicle and carries the insurance, so no law is being broken by the driver.
     
  9. codell

    codell Member

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    Exactly. It is just like driving a rental car too. So he should be ok as far as getting the ticket dismissed.
     
  10. Kam

    Kam Member

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    I am getting ready to go in. I hope the cop doesn't show up. But he will. I don't know if I should plead guilty or innocent though.
     
  11. Rocketman95

    Rocketman95 Hangout Boy

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    Neither. Take the option to take defensive driving. I believe that means you have to plead "no contest", but they'll be able to help you. At this point, if you haven't received any tickets in the last year, then you'd be stupid not to take defensive driving.
     
  12. codell

    codell Member

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    Kam,

    I am not totally sure about this, but if you plead innocent, go to trial and are found guilty (which is almost assured), then Defensive Driving might no longer be an option.

    I would please guilty and spend the $50 on defensive driving rather than taking the chance that you will be found guilty and have that on your record and have your insurance go up.
     
  13. Supermac34

    Supermac34 President, Von Wafer Fan Club

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    Always plead innocent, whether you are gulity or not. If the judge finds you guilty, he will give you the same fine as if you pleaded guilty. Just take a defensive driving course if your found guilty...mention to the judge you want to take it.
     
  14. RIET

    RIET Member

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    What if the judge gets pissed and won't let you take it.
     
  15. 4chuckie

    4chuckie Member

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    I would consult an attorney to find out what to plead (Innocent, Guilty, No Contest) or just ask the judge what the options are. Eitehr way you probably can't beat it but just to know what your options are.
     
  16. Rocketman95

    Rocketman95 Hangout Boy

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    Anytime I've gone to court, they told me that if I opted for a trial and was found guilty, my option to take defensive driving was gone.
     
  17. Buck Turgidson

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    That is correct.

    Listen to the pre-court instructions given by the judge, he will explain everything you need to do to be eligible for defensive driving.

    ps: Kam, you weren't pulled over for being asian, Bellaire cops pull everybody over, and you were going 25 mph over the speed limit.

    ps2: the speed limit on all feeder roads in Houston(it's probably state-wide) is 40 mph.

    ps3: the cop will show for court in Bellaire, West U, Piney Point/Hedwig Village etc... 99.9% of the time. HPD & constables are another story.
     
    #17 Buck Turgidson, Feb 4, 2003
    Last edited: Feb 4, 2003
  18. Band Geek Mobster

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    Plead innocent, the odds are highly in your favor that the cop will not show...I remember the last time I was in court for a ticket, at least 40 people had their cases thrown out in a 30 minute span before they called my name and threw mine out...
     
  19. codell

    codell Member

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    Actually, in Bellaire, I would be shocked if they officer didnt show up. :)
     
  20. JuanValdez

    JuanValdez Member

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    I guess I'm too late to give advice, but I'll do it anyway.

    Whether or not other drivers are covered by one's insurance is something that differs from policy to policy. Most do cover other drivers, but some don't. In Kam's case, it seems to me that his dad was trying to avoid having Kam on the insurance so he can pay lower premiums. Unmarried men under 25 (I'm not assuming too much here, am I Kam?) cost a lot to insure. The days of not paying for Kam are probably over, even if the ticket is thrown out. So yes, your ticket will cost your father a lot of money. Btw, if they stick you with driving without insurance, that's also an expensive (the most expensive, I think) ticket to pay -- over $300 I think.

    And I know you're pissed that you got a ticket, but please don't cry wolf over racial profiling. You've already told us that you were, in fact, speeding (65 in a 40) and that you drove through a speed trap where they were pulling over a lot of people. This has nothing to do with your race -- it is just a fund-raising campaign by the Bellaire Police. Save the complaints for legit racism.
     

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