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Old 02-10-2012, 12:04 PM
 
330 posts, read 1,374,392 times
Reputation: 266

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Minor update:

I mailed my not guilty plea a few weeks ago but hadn't heard anything back, so I called the JP Court (Precint 2) today to check on the status. They first tried looking the ticket up by my last name, both the correct spelling and the incorrect spelling written by the officer on the ticket, but no dice there. Then my driver's license #, again nothing. Then the actual ticket number.

From that, they told me the ticket had not been turned in yet. They said that is why I haven't heard anything; they are holding things until that happens.

I said my concern is that the ticket says I must appear before Judge Donovan on or before 2/29/2012, and asked "what happens if the ticket is not turned in before then... should I just call a week before that date?" They said the ticket would "definitely" be turned in by then. So, we'll see!

I'm out of state 2/23-2/28, hopefully I'm not forced into a court date for those days. I assume I'd be able to reschedule for later.

 
Old 02-10-2012, 12:11 PM
 
330 posts, read 1,374,392 times
Reputation: 266
Minor update on the road itself:

I've started taking that way home. The cops are still on that stretch very frequently, approximately 1-2x per week. I of course slow down to exactly 30 mph now.

30 mph there is *exceptionally* slow. I try to pull out of Luskey when no one's coming, but there's a curve there, and about half the time someone I coudn't see catches up to me very quickly and rides my ass so close my butt hurts. There are also people who keep a respectable distance, and I'm guessing those are people who are aware of the common cop situation on that road (or just people who aren't jackholes ). But the speed of 30 mph is really, really, WAAAAAY too slow. Honestly, I feel downright embarrassed to be driving that speed, but given how often the cops are there, I don't think I have any other choice.

I always glance in the cop car to see if it's the same officer, and so far I don't think it has been. I've considered pulling over and asking them about the no-sign situation. Now that I know the ticket hasn't been turned in yet, if I see my cop, I'll definitely pull over and see if I can get him to not turn it in. I'll just pull over and go running up to him real fast and crazy-like with my arms waving so I don't waste his time.
 
Old 02-10-2012, 04:00 PM
 
Location: San Antonio, Texas
4,287 posts, read 8,042,089 times
Reputation: 3938
Quote:
Originally Posted by Drzy View Post
Minor update:

I mailed my not guilty plea a few weeks ago but hadn't heard anything back, so I called the JP Court (Precint 2) today to check on the status. They first tried looking the ticket up by my last name, both the correct spelling and the incorrect spelling written by the officer on the ticket, but no dice there. Then my driver's license #, again nothing. Then the actual ticket number.

From that, they told me the ticket had not been turned in yet. They said that is why I haven't heard anything; they are holding things until that happens.

I said my concern is that the ticket says I must appear before Judge Donovan on or before 2/29/2012, and asked "what happens if the ticket is not turned in before then... should I just call a week before that date?" They said the ticket would "definitely" be turned in by then. So, we'll see!

I'm out of state 2/23-2/28, hopefully I'm not forced into a court date for those days. I assume I'd be able to reschedule for later.
?!?!?!?! I thought that if a cop Moderator cut: language spelled your name wrong or got your address or license plate or car make wrong, it is grounds for dismissal?!

Last edited by BstYet2Be; 02-11-2012 at 09:22 AM..
 
Old 02-10-2012, 04:17 PM
 
Location: San Antonio, TX
8,399 posts, read 23,016,344 times
Reputation: 4435
Quote:
Originally Posted by Soviet View Post
?!?!?!?! I thought that if a cop Moderator cut: language spelled your name wrong or got your address or license plate or car make wrong, it is grounds for dismissal?!
You heard wrong.

Quote:
Usually, ticket errors are not in and of themselves enough to warrant a dismissal. This is because the ticket is merely a summons, or promise to appear. The official court document (the complaint) used to prosecute the case against you, however, is based on the information contained on the ticket. Ticket errors can lead to fatal defects, but not very often. Items such as the wrong color of your car, or transposed numbers on your license plate or drivers license are not enough. A grossly misspelled name or a wrong speed limit on the ticket can lead to a dismissal.
And the above is from a Houston traffic lawyer, so it's from someone who usually defends traffic offenders.

A Texas county court agrees, if you need further proof.

Quote:
My name was misspelled on the ticket, the color of my car was written down incorrectly or the year model of my car was written down incorrectly - will my ticket be dismissed because of this error?

No.
Most of the time the judge will allow the officer to explain the circumstances and give them the benefit of the doubt when handing down their judgment, and generally it is not in favor of the defendant.

Don't believe the urban myths.

Cheers! M2

Last edited by BstYet2Be; 02-11-2012 at 09:23 AM..
 
Old 02-10-2012, 04:25 PM
 
Location: San Antonio, TX
8,399 posts, read 23,016,344 times
Reputation: 4435
Quote:
Originally Posted by Drzy View Post
I always glance in the cop car to see if it's the same officer, and so far I don't think it has been. I've considered pulling over and asking them about the no-sign situation. Now that I know the ticket hasn't been turned in yet, if I see my cop, I'll definitely pull over and see if I can get him to not turn it in. I'll just pull over and go running up to him real fast and crazy-like with my arms waving so I don't waste his time.
Bad idea, you could be charged with Interference with Public Duties (Texas Penal Code, Sec. 38.15, "A person commits an offense if the person with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with: (1) a peace officer while the peace officer is performing a duty or exercising authority imposed or granted by law;") if you stop to discuss your ticket with the issuing officer. You have your day in court to debate the charge, I would strongly recommend you do NOT attempt to address it with the officer if by chance you happen to see him.

Granted, the penal code does state that it is "defense to prosecution if the offense was verbal in nature only;" but if the officer claims you distracted him from doing his duties than you're unlikely to win with that argument.

You might want to take photographs of the area if you are going to court, but note that the lack of signage will not be a defense. As a licensed driving in the State of Texas, you are required to know the transportation code and abide by it; and ignorance is not an excuse...

Cheers! M2
 
Old 02-10-2012, 06:46 PM
 
Location: San Antonio, Texas
4,287 posts, read 8,042,089 times
Reputation: 3938
Quote:
Originally Posted by majormadmax View Post
Bad idea, you could be charged with Interference with Public Duties (Texas Penal Code, Sec. 38.15, "A person commits an offense if the person with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with: (1) a peace officer while the peace officer is performing a duty or exercising authority imposed or granted by law;") if you stop to discuss your ticket with the issuing officer. You have your day in court to debate the charge, I would strongly recommend you do NOT attempt to address it with the officer if by chance you happen to see him.

Granted, the penal code does state that it is "defense to prosecution if the offense was verbal in nature only;" but if the officer claims you distracted him from doing his duties than you're unlikely to win with that argument.

You might want to take photographs of the area if you are going to court, but note that the lack of signage will not be a defense. As a licensed driving in the State of Texas, you are required to know the transportation code and abide by it; and ignorance is not an excuse...

Cheers! M2
30 mph being inappropriately low for the design and conditions of the road should certainly be an excuse. It is disgusting and inappropriate to have inappropriate speed limits.

drzy, I've said time & again that I will check the place out & report back & I haven't done that & for that, I sincerely apologize. I'm off for a good chunk of time this weekend, so I'll try and do it then.
 
Old 02-10-2012, 06:52 PM
 
330 posts, read 1,374,392 times
Reputation: 266
Thanks madmax for the info. I won't risk the interference ticket.

I took pictures the evening of the accident and the day after, and emailed them to myself for proof of a timestamp. Ill be bringing those pictures, a map, and a copy of the applicable law. I'll have two arguments; one is the common sense argument, that there should be a speed limit sign, especially since itsafter a major intersection and since Babcock is known to be 45 MPH directly ahead. The other is the letter of the law argument, and I'll demonstrate that the 30 mph section of the statute, if interpreted as written, does not apply to that stretch of road because that stretch meets the law's definition of a rural area.
 
Old 02-10-2012, 06:54 PM
 
330 posts, read 1,374,392 times
Reputation: 266
Quote:
Originally Posted by Soviet View Post
drzy, I've said time & again that I will check the place out & report back & I haven't done that & for that, I sincerely apologize. I'm off for a good chunk of time this weekend, so I'll try and do it then.
No problem. If the weather's nice, it might be a good excuse to check out the Crownridge Natural Area. It's a pretty walk if you're into nature.
 
Old 02-10-2012, 08:48 PM
 
894 posts, read 1,550,880 times
Reputation: 1191
In this very long thread I didn't see posted any reference to the prima facie speed law and what it really means. When I was studying traffic engineering decades ago I recall being educated that exceeding the posted speed may actually be defensible based upon the parameters under which the law exists. You can read more here: Procedures for Establishing Speed Zones: Background
 
Old 02-10-2012, 08:53 PM
 
Location: San Antonio, Texas
4,287 posts, read 8,042,089 times
Reputation: 3938
Quote:
Originally Posted by Rustybolt View Post
In this very long thread I didn't see posted any reference to the prima facie speed law and what it really means. When I was studying traffic engineering decades ago I recall being educated that exceeding the posted speed may actually be defensible based upon the parameters under which the law exists. You can read more here: Procedures for Establishing Speed Zones: Background
Is this a better link to the precise section you were talking about?

Procedures for Establishing Speed Zones: Background
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