Speeding Ticket - Bexar County - How to plead not guilty (San Antonio: law, design)

[69GSstage1]

Originally Posted by txtea

Just be careful out there....Deputy Fife is on patrol.

Especially in Balcones Heights! Deputy Fife and the Red Light Cameras!

[sleeptech210]

Originally Posted by Drzy

Majormadmax, thank you for your helpful posts on this, I appreciate it.

DexterCat, learn some manners, and perhaps some basic grammar. You may take that as an attack on you, but it isn't.

Lol I see what you did there....

Nice!

[prim8]

I personally hope you fight and win, but I don't hold out much hope for you.
It's notoriously difficult to get judges in traffic court to side with you on anything.
In fact, my experience has been they're tougher on you when you challenge them.
I hope at the very least you have a chance to get that officer into court with you and see that he has made a mistake.
I think the others are just too into their normal process of "You were speeding! You should pay!" to see that you have a valid point.

[cobralou]

Try taking a defensive driving course before your trial date because in some situations they may waive your fine or reduce it considerably especially If you have no recent citations for speeding. If you present them proof that you took the course at the day of your trial the judge may just let you off. If you fight it then you may have no choice but to pay the fine after creating a scene,but at least you got it off your chest. Not too big of a deal.

[Drzy]

Originally Posted by cobralou

Try taking a defensive driving course before your trial date because in some situations they may waive your fine or reduce it considerably especially If you have no recent citations for speeding. If you present them proof that you took the course at the day of your trial the judge may just let you off. If you fight it then you may have no choice but to pay the fine after creating a scene,but at least you got it off your chest. Not too big of a deal.

That's a REALLY good idea, thanks! I just requoted my auto insurance and it'd save $60 every 6 months, and the course is just $25. So worst case scenario, at least I'd be saving myself some money.

Just so people know, I'm definitely aware I can come out of this worse off than just paying the fine or going the def. adjudication route -- I certainly won't like it if I end up having to pay fine + court costs + defensive driving + whatever else, but I'm ready to accept any consequences.

[majormadmax]

Originally Posted by cobralou

Try taking a defensive driving course before your trial date because in some situations they may waive your fine or reduce it considerably especially If you have no recent citations for speeding. If you present them proof that you took the course at the day of your trial the judge may just let you off. If you fight it then you may have no choice but to pay the fine after creating a scene,but at least you got it off your chest. Not too big of a deal.

Never heard that one, and if I'm not mistaken (I'm too lazy to look it up), that recently class may not be allowed for deferred disposition as you took it before your terms were provided by a judge.

Also, it could be considered an admission of guilt if you claim you took it because of the citation! Why else would someone do so? I would be surprised if a magistrate would view it any other way.

Lastly, I would highly recommend against "making a scene," you can and most likely will be held in contempt and even jailed if you get out of hand in the courtroom. That may not be a "big deal" to some, but I for one have seen the inside of the Bexar County Jail (as a "visitor," not a "guest!" ) and trust me, it's not someplace where you'd want to spend any amount of time!

If you do decide to go up before the judge, do so professionally and respectfully. I have fought a traffic citation erroneously given in the past, while living in Idaho, and I did my research and came prepared. I stuck to the facts, had graphics to back up my claims, and the officer even admitted that I I said was the truth. The judge not only dismissed my charges, but from what I later learned several other people who had been cited at the same location used my "acquittal" as evidence of their innocence. Their citations were dismissed as well...

Good luck, let us know what you end up doing and how it works out!

Cheers! M2

[Hedgehog_Mom]

Originally Posted by Drzy

That's a REALLY good idea, thanks! I just requoted my auto insurance and it'd save $60 every 6 months, and the course is just $25. So worst case scenario, at least I'd be saving myself some money.

Just so people know, I'm definitely aware I can come out of this worse off than just paying the fine or going the def. adjudication route -- I certainly won't like it if I end up having to pay fine + court costs + defensive driving + whatever else, but I'm ready to accept any consequences.

If you plan to take defensive driving to get rid of the ticket, you have to go to court on or before the ticket date, ask to take defensive driving and pay your court costs. I think if you get a ticket from BCSO, you have to go to the court for that precinct and their fees vary. In precinct 1 the court costs are $115. The court will tell you how to submit proof that you've taken defensive driving, which you will have to pay for at a driving school. And it's either take the class to save on your insurance or take the class to get rid of the ticket, you can't take it for both purposes at the same time. I think they actually ask you when you take the class which you're doing...been a long time since hubby was a bad boy and had to take defensive driving, so the details are a little fuzzy to me. Usually he just goes and asks for deferred adjudication, which is cheaper and less hassle, at least for tickets from SAPD.

[DexterCat]

Originally Posted by Drzy

That section of Babcock is unpopulated, save for I think one lone barn. There are far more than 100 feet between neighbors; it's closer to 1,000 than it is to 100.

please let us know how it turns out in court.


cheers!

[DexterCat]

Originally Posted by cobralou

Try taking a defensive driving course before your trial date because in some situations they may waive your fine or reduce it considerably especially If you have no recent citations for speeding. If you present them proof that you took the course at the day of your trial the judge may just let you off. If you fight it then you may have no choice but to pay the fine after creating a scene,but at least you got it off your chest. Not too big of a deal.

i highly encourage you to take this individuals advice.

IANAL.

[Soviet]

Ahhhhh, good 'ole San Antonio. Good to be back after 3,217.9 miles of driving to Utah & back citation-free despite driving the whole way at speeds appropriate for the design & conditions for the road.

As for OP's predicament, could my answer be any less predictable? Fight it.

1. It's BCSO. They're punks & they need to be treated as such. Snarky tone about a BMW? 30 mph on Babcock when it was obviously 45? Put them in their place.

2. There is quite a bit of ample evidence here in OP's favor. Just because I & others are convinced of it does mot mean that a revenue-generating judge will. I am curious to hear of the results, however. I look forward to February 26(? or 22?) with great interest. Particularly since I shall be somewhere in the Caribbean then.