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What is the name of your state (only U.S. law)? Texas
Hi. I have to go to court about 300 miles away tomorrow afternoon for a "Promise to Appear" in court for a speeding citation I received 2 months ago. I've gotten one speeding ticket before, but I never had to go to court, only pay it online.
He said I was going a 50 in a 30, but I'm pretty sure I wasnt speeding. It's the slight chance I took my eyes away for a split second is what worries me though.. I was visiting a friend, I didnt know the area. It was about 11pm at night on a long old 2 lane road. I know for a fact I was going way under the limit (Had to wait for my GPS to find my Home), then I sped up to the speed limit because I had gotten it working. When I was pulled over, I was in a 55mph-zone and was going 50mph. I was confused as to why I was pulled over. He then told me I was going a 50mph in a 30. About 2 miles back was the 30 mph limit sign and 1 mile back was a 50 mph sign, and I was sitting after a 55mph sigh had came up. I remembered all the signs. Its hard to believe he followed me for 2 miles. A car even passed me about a minute before I saw his lights!! Could it have been him?
Anyways, what will happen tomorrow? I have 3 questions hopefully you guys can help me out with.
1.) I know that if the cop doesnt show up, your ticket is dismissed (brother got a ticket in the same area, his was dismissed) But is 'notice to appear court date' that moment? Or is it the OFFICIAL court date moment where if he doesnt show up, then its dismissed it?
2.) Anyways, can anyone explain what will happen tomorrow? I've Never been to court before.
3.) If I plead not guilty, and by some chance for a split second, he finds I was speeding, do I lose the right to do defensive driving? It was 11pm at night on a one lane of traffic road, 2 miles away from the limit sign, in a place ive never been before. Im hoping I can make a case.
Last edited by Lamperouge; 08-09-2010 at 10:29 PM..
What is the name of your state (only U.S. law)? Texas
Hi. I have to go to court about 300 miles away tomorrow afternoon for a "Promise to Appear" in court for a speeding citation I received 2 months ago. I've gotten one speeding ticket before, but I never had to go to court, only pay it online.
He said I was going a 50 in a 30, but I'm pretty sure I wasnt speeding. It's the slight chance I took my eyes away for a split second is what worries me though.. I was visiting a friend, I didnt know the area. It was about 11pm at night on a long old 2 lane road. I know for a fact I was going way under the limit (Had to wait for my GPS to find my Home), then I sped up to the speed limit because I had gotten it working. When I was pulled over, I was in a 55mph-zone and was going 50mph. I was confused as to why I was pulled over. He then told me I was going a 50mph in a 30. About 2 miles back was the 30 mph limit sign and 1 mile back was a 50 mph sign, and I was sitting after a 55mph sigh had came up. I remembered all the signs. Its hard to believe he followed me for 2 miles. A car even passed me about a minute before I saw his lights!! Could it have been him?
Since you don't know and are unsure as to your driving.... what do you think?
Anyways, what will happen tomorrow? I have 3 questions hopefully you guys can help me out with.
1.) I know that if the cop doesnt show up, your ticket is dismissed (brother got a ticket in the same area, his was dismissed) But is 'notice to appear court date' that moment? Or is it the OFFICIAL court date moment where if he doesnt show up, then its dismissed it?
Yes.. it will be dismissed
2.) Anyways, can anyone explain what will happen tomorrow? I've Never been to court before.
Your name will be called and you will stand up in front of the judge. The judge will ask how you plea.. you will see if the police officer is there at that time.. if he is not you can request a dismissal..
You can plead guilty, not guilty, or no contest (which is the same essentially as a guilty plea... it just has reduced civil implications).. when you make it to the courtroom your time to go to traffic school has come and gone.. you can try to ask the judge to go to traffic school BEFORE you plead your case and he/she may/may not grant this to you
3.) If I plead not guilty, and by some chance for a split second, he finds I was speeding, do I lose the right to do defensive driving? It was 11pm at night on a one lane of traffic road, 2 miles away from the limit sign, in a place ive never been before. Im hoping I can make a case.
Yes ..you will.. you dont get two chances... only the opportunity BEFORE you plead your case
I would say.. if the police officer shows you have very little chance of winning a case.. more because you haven't properly prepared a defense that is credible and supported by conclusive evidence.. more than just your story
The officer has to prove his assertions .. if he paced you then he has to show his vehicle and speedometer is properly equipped and maintained
If he used radar then he has to prove his expertise and the proper application and maintenance of the radar.. while some of this is his word it is backed up by evidence that shows training and expertise and applications of specialized equipment
It is so easy to violate traffic laws today.. none of us are immune from breaking them,, that is why traffic school is always one good option to protect your license... the second and of course best option is very careful driving
What is the name of your state (only U.S. law)? Texas
Hi. I have to go to court about 300 miles away tomorrow afternoon for a "Promise to Appear" in court for a speeding citation I received 2 months ago. I've gotten one speeding ticket before, but I never had to go to court, only pay it online.
He said I was going a 50 in a 30, but I'm pretty sure I wasnt speeding. It's the slight chance I took my eyes away for a split second is what worries me though.. I was visiting a friend, I didnt know the area. It was about 11pm at night on a long old 2 lane road. I know for a fact I was going way under the limit (Had to wait for my GPS to find my Home), then I sped up to the speed limit because I had gotten it working. When I was pulled over, I was in a 55mph-zone and was going 50mph. I was confused as to why I was pulled over. He then told me I was going a 50mph in a 30. About 2 miles back was the 30 mph limit sign and 1 mile back was a 50 mph sign, and I was sitting after a 55mph sigh had came up. I remembered all the signs. Its hard to believe he followed me for 2 miles. A car even passed me about a minute before I saw his lights!! Could it have been him?
Anyways, what will happen tomorrow? I have 3 questions hopefully you guys can help me out with.
1.) I know that if the cop doesnt show up, your ticket is dismissed (brother got a ticket in the same area, his was dismissed) But is 'notice to appear court date' that moment? Or is it the OFFICIAL court date moment where if he doesnt show up, then its dismissed it?
2.) Anyways, can anyone explain what will happen tomorrow? I've Never been to court before.
3.) If I plead not guilty, and by some chance for a split second, he finds I was speeding, do I lose the right to do defensive driving? It was 11pm at night on a one lane of traffic road, 2 miles away from the limit sign, in a place ive never been before. Im hoping I can make a case.
You could try a traffic lawyer. They should be familiar with the court and the procedures. My one experience with one was that it was the same price as the ticket, the cop didnt show and so it got dismissed. They should be able to distinguish between a defense that works and one that doesnt.
In my case it was a one way road without any signs so I went back and took pictures of the lack of signage, which didnt actually get used.
You could try a traffic lawyer. They should be familiar with the court and the procedures. My one experience with one was that it was the same price as the ticket, the cop didnt show and so it got dismissed. They should be able to distinguish between a defense that works and one that doesnt.
In my case it was a one way road without any signs so I went back and took pictures of the lack of signage, which didnt actually get used.
Although I have not practiced private law in 22 years, I will tell you how we used to get traffic tickets dismissed back then (in Texas):
Appeal.
All a 'traffic lawyer' does is 1) plead you guilty to the traffic ticket in the court (the name of the court depends on the county; it could be called municipal, justice of the peace); then 2) immediately appeal the guilty verdict (yes, you can even appeal a voluntary guilty verdict).
What you are doing is getting your case to the backlogged County court. Demand a jury trial. Of course, you run a slight risk that you wish will be granted, and your fine and court costs could be more if the worst happens.
However, in all probability the county attorney will simply dismiss your ticket. They simply do not have the time or resources for piddling things like a traffic ticket (unless you are going 95+ in a school zone, for instance).
That's it. There is nothing 'secret' that a lawyer does. A lawyer does not seek habeas corpus or file a complicated motion to dismiss. He simply appeals to the county court.
I once asked a fellow attorney who did these things: "But what if they call your bluff in county court?" He said "Plead guilty right before the beginning of trial, then appeal to the district court'.
I successfully did this for a truck-driving client (again, two decades ago). A couple of months after filing the appeal I got the notice of dismissal. My client thought I was a legal wizard.
If you haven't even given your plea yet, the officer is not going to be in court. The officer is only in court if you go to bench or jury trial. He's not needed for you just to say if you're guilty or not, so don't listen to the advice that you can dismiss because he doesn't show at this point. He's only required as a witness if there is a trial.
What is the name of your state (only U.S. law)? Texas
Hi. I have to go to court about 300 miles away tomorrow afternoon for a "Promise to Appear" in court for a speeding citation I received 2 months ago. I've gotten one speeding ticket before, but I never had to go to court, only pay it online.
He said I was going a 50 in a 30, but I'm pretty sure I wasnt speeding. It's the slight chance I took my eyes away for a split second is what worries me though.. I was visiting a friend, I didnt know the area. It was about 11pm at night on a long old 2 lane road. I know for a fact I was going way under the limit (Had to wait for my GPS to find my Home), then I sped up to the speed limit because I had gotten it working. When I was pulled over, I was in a 55mph-zone and was going 50mph. I was confused as to why I was pulled over. He then told me I was going a 50mph in a 30. About 2 miles back was the 30 mph limit sign and 1 mile back was a 50 mph sign, and I was sitting after a 55mph sigh had came up. I remembered all the signs. Its hard to believe he followed me for 2 miles. A car even passed me about a minute before I saw his lights!! Could it have been him?
Anyways, what will happen tomorrow? I have 3 questions hopefully you guys can help me out with.
1.) I know that if the cop doesnt show up, your ticket is dismissed (brother got a ticket in the same area, his was dismissed) But is 'notice to appear court date' that moment? Or is it the OFFICIAL court date moment where if he doesnt show up, then its dismissed it?
2.) Anyways, can anyone explain what will happen tomorrow? I've Never been to court before.
3.) If I plead not guilty, and by some chance for a split second, he finds I was speeding, do I lose the right to do defensive driving? It was 11pm at night on a one lane of traffic road, 2 miles away from the limit sign, in a place ive never been before. Im hoping I can make a case.
Wait, did he tell you you had to go to court??? That "notice to appear in court" crap doesn't really mean you have to go.
I would just pay it and not even deal with it. Driving 300 miles just to be told your guilty and ending up still paying is not worth it.
Wait, did he tell you you had to go to court??? That "notice to appear in court" crap doesn't really mean you have to go.
I would just pay it and not even deal with it. Driving 300 miles just to be told your guilty and ending up still paying is not worth it.
when I received my citation in schertz recently, the "notice to appear in court" was only visiting the lowly clerk in the window to set a future court date before the judge. All you do is agree to a time in the near future to appear.
Try contacting the actual court clerk that handles that stuff. They will usually tell you if defensive driving is an option and so forth. And explain your options. Talk to a real person and don't rely on forum advice...too risky.
I just go a ticket out of state a few weeks ago and am in the same kind of boat. Not gonna go back, but I have found a possible glitch. Was "speeding" at 35 in a 20 school zone, according to the ticket. BUT school zone light goes out at 3:25 and my ticket states time as 3:33. Gotta see if I have a chance of disputing this without going back to Tennessee!
I posted in the city forum where I was ticketed to get their advice since I am not familiar with their processes, but plan on calling too!
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