Passing In A No Passing Zone Traffic Ticket at US 90 & Hunt Lane (lawyer, dangerous)

[CSD610]

Originally Posted by toolleather

* Received a ticket during rush hour traffic, for passing in a no passing zone (That's what the ticket says) (Officer wrote passing on the right). There is a road US 90 & Hunt Lane (Google Satellite Map) between the hours of 7:30 - 7:45 am in the morning that gets really backed up, so cars automatically make the lane a two lane road, one that goes to the right (up on the jughandle), the other lane stays straight that goes to a 3 way intersection, even though it's technically a very wide one lane road. The officer pulls me and 3 other cars over for the mentioned violation. We (3 cars in front of me) were going straight to the intersection. Mind you, there are no signs posted about no passing zone. In my little bit of research, the word pass or passing in the Texas Transportation Code
TITLE 7. VEHICLES AND TRAFFIC
SUBTITLE C. RULES OF THE ROAD
CHAPTER 545. OPERATION AND MOVEMENT OF VEHICLES
SUBCHAPTER A. GENERAL PROVISIONS
means to overtake and proceed past another vehicle moving in the same direction as the passing vehicle or to attempt that maneuver.

Already plead not guilty, now waiting court date. What do you think my chances are for getting this dismissed?

If it is technically a very wide one lane road then it should used as such and whether signs are posted or not common sense should prevail.

[toolleather]

Towbar & CSD610,
Thank you for your sentiments. I thought and said the same thing, when I received the ticket. Common sense has to be used in situations and not just what "the law" says. What really gets me is that the same cop was back issuing tickets there again a week later. Can you say "QUOTA MET $$$$$", for the month. Think about a $265 ticket for 4-5 people a week. This is most definitely a revenue generator if I ever saw one.

[Neshomamench]

Originally Posted by toolleather

Towbar & CSD610,
Thank you for your sentiments. I thought and said the same thing, when I received the ticket. Common sense has to be used in situations and not just what "the law" says. What really gets me is that the same cop was back issuing tickets there again a week later. Can you say "QUOTA MET $$$$$", for the month. Think about a $265 ticket for 4-5 people a week. This is most definitely a revenue generator if I ever saw one.

Quotas are illegal.

Texas Transportation Code - Section 720.002. Prohibition On Traffic-Offense Quotas - Texas Attorney Resources - Texas Laws

§ 720.002. PROHIBITION ON TRAFFIC-OFFENSE QUOTAS. (a) A
political subdivision or an agency of this state may not establish
or maintain, formally or informally, a plan to evaluate, promote,
compensate, or discipline:
(1) a peace officer according to the officer's
issuance of a predetermined or specified number of any type or
combination of types of traffic citations;....

....A violation of
this section by a person who is not an elected official is a ground
for removal from the person's position.


__________

Now, a few thoughts.

If someone really wanted to "hit" people for revenue generation, why not do so? Not all tickets have the same fine, why not just follow around a school bus and hand out 1000 dollar tickets (it is very easy to do) and people dont even get very upset about people breaking the law around unloading/loading school buses. In other words, why not go after the big money that doesnt upset as many people?

If you think they are breaking the law, because they have "quotas"...report it. Lets see if your feelings on the issue match the facts. File a FOIA for the Officers record. The truth is, you are going to be wrong. If anything, what you would find is "down time" (time when the officer was not responding to a call or out writting citations)...and that leads to the question "what are Officers doing? People tend to want them to be able to account for their time and that is fairly reasonable.

I have explained, in some detail, why it is illegal. No matter how you feel about it, it causes problems. People tend to think "common sense" means when you do something, it is "ok" and when the other guy doesnt it, it is NOT "ok." It is a one lane road, when people turn it into a two lane road, you have take the option away from someone who had the right to it being a one lane road...he is right, you are not.

Why would an Officer risk his job, his pension, his life, to do something that people will hate him for and is illegal? (quotas)

Now, do you incorporate these things into your way of thinking or do you just keep pressing on with "they, have quotas...I didnt do anything wrong...it doesnt hurt anyone..."

[CSD610]

Originally Posted by toolleather

Towbar & CSD610,
Thank you for your sentiments. I thought and said the same thing, when I received the ticket. Common sense has to be used in situations and not just what "the law" says. What really gets me is that the same cop was back issuing tickets there again a week later. Can you say "QUOTA MET $$$$$", for the month. Think about a $265 ticket for 4-5 people a week. This is most definitely a revenue generator if I ever saw one.

Are you or did you go to court for this? What was the outcome if you went already?

I'm just curious (otherwise known as being nosey...LOL)

[svg210]

Originally Posted by toolleather

Towbar & CSD610,
Thank you for your sentiments. I thought and said the same thing, when I received the ticket. Common sense has to be used in situations and not just what "the law" says. What really gets me is that the same cop was back issuing tickets there again a week later. Can you say "QUOTA MET $$$$$", for the month. Think about a $265 ticket for 4-5 people a week. This is most definitely a revenue generator if I ever saw one.

I'm sorry but I disagree, if the city decides to enforce their laws rather than make up their own I am all "fine" by it I have the same problem with my coworkers whenever DOT sets inspections on 1604 and I10 (but thats another topic) but seriously next time a better scouting or a quick browse through the drivers handbook (it even has pictures) will give you more knowledge. And knowing is half the battle!

[HeadedWest]

Originally Posted by Neshomamench

Quotas are illegal.

Texas Transportation Code - Section 720.002. Prohibition On Traffic-Offense Quotas - Texas Attorney Resources - Texas Laws

§ 720.002. PROHIBITION ON TRAFFIC-OFFENSE QUOTAS. (a) A
political subdivision or an agency of this state may not establish
or maintain, formally or informally, a plan to evaluate, promote,
compensate, or discipline:
(1) a peace officer according to the officer's
issuance of a predetermined or specified number of any type or
combination of types of traffic citations;....

....A violation of
this section by a person who is not an elected official is a ground
for removal from the person's position.


__________

Nice law. Too bad it's not enforced.

[Neshomamench]

Originally Posted by HeadedWest

Nice law. Too bad it's not enforced.

Given the fact that a little googling shows people being busted for it, that goes to show your information is not correct.

[HeadedWest]

Originally Posted by Neshomamench

Given the fact that a little googling shows people being busted for it, that goes to show your information is not correct.

Every now and then an internal memo or email leaks out from one police agency or another all across the country. Quotas are alive and well, and universally denied.

http://blog.motorists.org/if-you-did...-you-will-now/

[Neshomamench]

Originally Posted by HeadedWest

Every now and then an internal memo or email leaks out from one police agency or another all across the country. Quotas are alive and well, and universally denied.

If You Didn’t Believe Ticket Quotas Existed Before, You Will Now

I dont understand that logic, If it "gets" out...then it isnt much of a secret.

listen, if you want to think they are normal, go ahead. The Police dont need to look real hard to find people to write tickets to.

[prim8]

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