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Unread 09-23-2009, 01:14 PM
 
14 posts, read 24,304 times
Reputation: 20
Default Lawyers and traffic citations

This is probably a dumb question, but in the event of a speeding ticket.....can I just hire a lawyer to appear for me in court and not personally go myself? My husband may be out of state at the time and the court time listed is when I have to pick up my son from school and since we're still somewhat new to town-I don't know anyone well enough to pick him up from school.

I admitted to the officer that I was going over the speed limit, but that there was no way I was doing what he said I was doing. (he said I was doing 75 in a 60) He pretty much admitted that he didn't clock me at 75 since he said "you were probably doing 70 when you passed me, but you were doing 75 back there" which doesn't make any sense to me since that was before I passed him. The guy in the other lane was going faster than I was and flew by me passing the officer on the side of the road, but I was the one to get pulled over. I don't know what I should have done. But it sounds to me like he knows I wasn't doing 75 and yet I get the ticket for it anyway. Oh well. Like I said, I admit to going over the limit and I had no problem telling him that but I was NOT going 15 over. Nor do I want to be punished for it if I wasn't doing it.

I have passed enough of those computerized speed things from here to North Carolina in the years since I've had my truck to know that if my speedometer says I am doing 70, i'm actually doing 67 which is probably why I haven't been pulled over in this truck EVER. So this officer was really way off the spectrum but I guess it's quota time and I was the lucky one.

If I can just hire a lawyer, who is a good one to hire? I don't really care much about the cost as long as it's not an obscene amount, as long as they can get me out of it, or at least reduced to what I know I was going.
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Unread 09-23-2009, 02:42 PM
 
3,651 posts, read 3,368,301 times
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Honestly you should go up to the court house right now or when you have time and reschedule it. Then when you go just ask for deferred judification or if you have the patience defensive driving.
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Unread 09-23-2009, 02:57 PM
 
14 posts, read 24,304 times
Reputation: 20
I don't think I need defensive driving. The lovely person who wasn't nice enough to move over when no one was in the left lane, while I was trying to merge on to 54 this morning causing me to slam on brakes on the on ramp could possibly use defensive driving, but I am hoping to avoid that as well. I'll do it if it means the ticket is dismissed though.

The deferred judification is what exactly? I haven't had a ticket in over seven years I think. It was in Florida on our way back from East TX where my inlaws live, and I just paid that one since it was too much trouble to do anything else.

So I can go to the courthouse anytime before my court date? I called earlier to ask about hiring an attorney and she just said I could and that was about it.
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Unread 09-23-2009, 05:24 PM
 
Location: Irving, Tx
423 posts, read 570,608 times
Reputation: 513
well..I hired an attorney for my ticket here in Irving..I thought it was the same all over TExas..i also could not go to court because I had already bought the ticket to go abroad and we all know that those airline tickets are nonrefundable
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Unread 09-24-2009, 09:16 AM
 
Location: Mo City, TX
773 posts, read 1,232,042 times
Reputation: 570
Quote:
Originally Posted by misplacedtarheel View Post
I don't think I need defensive driving. The lovely person who wasn't nice enough to move over when no one was in the left lane, while I was trying to merge on to 54 this morning causing me to slam on brakes on the on ramp could possibly use defensive driving, but I am hoping to avoid that as well. I'll do it if it means the ticket is dismissed though.

The deferred judification is what exactly? I haven't had a ticket in over seven years I think. It was in Florida on our way back from East TX where my inlaws live, and I just paid that one since it was too much trouble to do anything else.

So I can go to the courthouse anytime before my court date? I called earlier to ask about hiring an attorney and she just said I could and that was about it.
Deferred Adjudication -
Deferred adjudication is a plea bargain agreement between a defendant and a Texas criminal court. The final or formal judgment is withheld, postponed, or "deferred" until the end of a probation period. If the individual completes the probation period successfully, the charges are dismissed. In addition to the probation period, a person may have a number of conditions to meet that the court assigns.

I was never able to get this from any Judge of the City of El Paso. I was recently cited in the city of Sugar Land and was able to obtain deferred adjudication. Go figure.
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Unread 09-24-2009, 10:51 AM
 
270 posts, read 303,513 times
Reputation: 188
A couple of possibilities, ask for the calibration dates on the radar gun and the tuning folk. The tuning fork is used to calibrate the gun. Either one out of date, they have to drop the charge. I dont know if they still use the tuning folk.

I am not familiar with Tx law, but I dont believe they cant deny the services of a lawyer to attend in your place. Call any lawyer and see what they say.
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Unread 09-24-2009, 10:51 AM
 
436 posts, read 787,501 times
Reputation: 312
Quote:
Originally Posted by lipbalm View Post
Deferred Adjudication -
Deferred adjudication is a plea bargain agreement between a defendant and a Texas criminal court. The final or formal judgment is withheld, postponed, or "deferred" until the end of a probation period. If the individual completes the probation period successfully, the charges are dismissed. In addition to the probation period, a person may have a number of conditions to meet that the court assigns.

I was never able to get this from any Judge of the City of El Paso. I was recently cited in the city of Sugar Land and was able to obtain deferred adjudication. Go figure.
The only place I've seen it here is if was through the Sheriffs. My wife was stopped by a Sheriff on the far east side and she got it somehow. I don't know where she went or how but I know I had a good laugh telling her she was on probation and to behave.
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Unread 09-25-2009, 10:50 PM
 
Location: West Texas
250 posts, read 100,981 times
Reputation: 199
For $40, Attorney Manuel Solis will represent you in court to get your ticket dismissed.
No guarantee is offered but he got a couple of tickets dismissed for me and I didn't have to appear in court!
I don't have his number handy but he's at 1411 Montana.
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Unread 09-25-2009, 11:24 PM
 
Location: Glory Road - El Paso, Texas (R.O)
2,272 posts, read 2,361,597 times
Reputation: 1376
Blah, someone slammed on the brakes in front of me while passing through an intersection with the red light cameras. I was in the middle of the intersection when the light turned red. I think I am going to end up with a ticket.
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Unread 09-26-2009, 01:57 PM
 
3,651 posts, read 3,368,301 times
Reputation: 2280
As you should
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