Speeding ticket...

[Smart Shark]

Pulled over on HWY 6 and Westpark, LEO alleges to have "clocked" me doing 63 in a 45. I was coming down from the overpass there, northbound, and came to a stop in the left turning lane. I was moving with the flow of traffic, no faster. I read somewhere that if you want to fight a ticket, you should record as many details about the stop as possible. So I did, including things like what I was wearing, time of day, location, where my vehicle was, direction I was facing while stopped, the Bluetooth in the LEO's ear, etc... I'm not saying any of this will help, I'm just asking if I have a snowball's chance in hell of fighting it. :shrug:

For what it's worth, this was in a black SUV, not on a motorcycle.

[BigComfy]

Just take defensive driving.

[Jaemeriiaa]

I agree with big as long as you haven't had a ticket in a year you can take defensive driving and it'll be off your record. Otherwise if you do fight it the only chance you have is if the officer doesn't show up and you can win.

[NewRider]

I agree with big as long as you haven't had a ticket in a year you can take defensive driving and it'll be off your record. Otherwise if you do fight it the only chance you have is if the officer doesn't show up and you can win.

Pretty much...unless it'shpd...thosefuckers showup...

Or fort bend...they do it differently...

[NewRider]

Ohwait...just noticed it's fresnel's area of forum....

I would wait and see what he says

[jimrad]

Defensive driving..:thumb:
Next step...invest in a Passport Escort 9500ix.....:thumb:

[Smart Shark]

It was Harris County Sheriff, if that means anything.

[NewRider]

It was Harris County Sheriff, if that means anything.

If it's at clay road court....

I reset it...and thenwhen I showed...shit was dismissed...reset for trial by jury...


Just ask JUANTED he was there...



*results may vary

[Chuckster]

Get a lawyer. They can get it dismissed.

[Renzo]

Lawyer up! They eat shit cases like that for breakfast!

[tamucc2004]

I would rather pay a lawyer $100 than give them shit FTP

[Helios]

Lots of options, please let Fresnel answer.

[wackjum]

Pulled over on HWY 6 and Westpark, LEO alleges to have "clocked" me doing 63 in a 45. I was coming down from the overpass there, northbound, and came to a stop in the left turning lane. I was moving with the flow of traffic, no faster. I read somewhere that if you want to fight a ticket, you should record as many details about the stop as possible. So I did, including things like what I was wearing, time of day, location, where my vehicle was, direction I was facing while stopped, the Bluetooth in the LEO's ear, etc... I'm not saying any of this will help, I'm just asking if I have a snowball's chance in hell of fighting it. :shrug:

For what it's worth, this was in a black SUV, not on a motorcycle.

This is a common spot for them to catch people.

I will agree with what has been said. Defensive driving is a quick way to make sure the ticket doesn't go on your record if you are eligible.

If you are not eligible for defensive driving or you want to fight the ticket, please email or fax the ticket itself to me so that I can see if it is defective.

[Higham]

This is a common spot for them to catch people.

I will agree with what has been said. Defensive driving is a quick way to make sure the ticket doesn't go on your record if you are eligible.

If you are not eligible for defensive driving or you want to fight the ticket, please email or fax the ticket itself to me so that I can see if it is defective.

I got a ticket too on the Sam Houston Tollway. If my Ez tag statement shows I entered the freeway at 8:14 and he wrote the ticket at 8:00 several miles down the road is that enough to get it dismissed?

[wackjum]

I got a ticket too on the Sam Houston Tollway. If my Ez tag statement shows I entered the freeway at 8:14 and he wrote the ticket at 8:00 several miles down the road is that enough to get it dismissed?

No not enough to get it dismissed. Because the formal complaint will only have a date, not a time.

It is possible ammunition to damage the officer's credibility at a trial.

[Higham]

No not enough to get it dismissed. Because the formal complaint will only have a date, not a time.

It is possible ammunition to damage the officer's credibility at a trial.

Thanks, looks like I'll have to take defensive driving.

[Smart Shark]

This is a common spot for them to catch people.

I will agree with what has been said. Defensive driving is a quick way to make sure the ticket doesn't go on your record if you are eligible.

If you are not eligible for defensive driving or you want to fight the ticket, please email or fax the ticket itself to me so that I can see if it is defective.

I am eligible for DD, but may still be interested in fighting it. I'll be emailing you my copy of the ticket for you to look over shortly. In the meantime, might you be able to advise me on how to create a written request of discovery? :shrug:

[wackjum]

In the meantime, might you be able to advise me on how to create a written request of discovery? :shrug:

You won't get anything.

[Bart]

hack the black box

[cychotic]

So let me get the procedure straight, you must plead guilty or no contest, pay the ticket, take defensive driving, send the certificate to court, and then no record?

[MadseasoN]

You won't get anything.

Why not? How can you argue a case without access to the officer's notes?

[wackjum]

Why not? How can you argue a case without access to the officer's notes?

Because there is no affirmative right to discovery in Texas. Meaning you as a criminal defendant are not automatically entitled to any materials in your case.

There are exceptions of course. And the exceptions are quite numerous. But few of those apply to the traffic arena. So filing a discovery motion in traffic court is going to be a waste of time.

[MadseasoN]

Because there is no affirmative right to discovery in Texas. Meaning you as a criminal defendant are not automatically entitled to any materials in your case.

There are exceptions of course. And the exceptions are quite numerous. But few of those apply to the traffic arena. So filing a discovery motion in traffic court is going to be a waste of time.

I know people who have had their cases dismissed due to not receving a response to discovery.

Personally I wouldn't fight a speeding ticket but if OP's already made up his mind he might as well try everything. Right?

[wackjum]

I know people who have had their cases dismissed due to not receving a response to discovery.

Personally I wouldn't fight a speeding ticket but if OP's already made up his mind he might as well try everything. Right?

The officer's notes, if there are any, are on the back of the citation copy that the Court has. Typically you will get to see this even without a discovery motion.

You may need a discovery motion to get radar gun calibration records, police video, officer training records, and similar.

There are a handful of Courts that take the Code of Criminal Procedure seriously and you could realistically conduct discovery in these Courts. But in the JP Courts (especially Harris County 5-2) or Houston Municipal, there's no point even printing a discovery motion. It would be a waste of paper and toner.

[wackjum]

So let me get the procedure straight, you must plead guilty or no contest, pay the ticket, take defensive driving, send the certificate to court, and then no record?

You have to request to take defensive driving from the Court. They will tell you to pay a certain amount and give you a date by which you have to turn everything in.

After you've done this, then take the class and get a copy of your driving record from DPS. Turn in the driving record and the completion certificate by the court's due date.

[Greg in H-town]

Just curious - what happens if you ask for DD but for some reason (such as being a world-class procrastinator) aren't able to get the paperwork back by the due date? Just go pay the ticket then?

[wackjum]

Just curious - what happens if you ask for DD but for some reason (such as being a world-class procrastinator) aren't able to get the paperwork back by the due date? Just go pay the ticket then?

Yeah it goes on your record. Some places will need you to pay an additional fine. Others just report it to DPS.

Some places will order you to return for a show cause hearing. Not going to the show cause hearing will get you a failure to appear ticket as well.