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Old 10-28-2011, 10:43 AM   #21
brandontx
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Go in and plea not guilty and then ask for a trial by judge. Show up to for trial and you have a 90% chance that the cop won't show up since it is in Houston. No one there to prove it so you get the ticket thrown out. I have never had a cop show up for Houston tickets. If he is there he will explain to judge what you did and the judge will ask you your side of the story and you say, "I'm sorry, I didn't know I was going that fast. I haven't had a ticket in a while so can I take defensive driving." "Sure you can, you seem like a nice guy." Problem solved. 90% chance of getting thrown out. 10% chance of defensive driving. Save the lawyer for when you actually get in trouble.
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Old 10-28-2011, 10:44 AM   #22
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Just got ticket yesterday will post said if I dot pay the fine I have to send a letter stating not guilty for a court date
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Old 10-28-2011, 01:25 PM   #23
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Quote:
Originally Posted by brandontx View Post
Go in and plea not guilty and then ask for a trial by judge. Show up to for trial and you have a 90% chance that the cop won't show up since it is in Houston. No one there to prove it so you get the ticket thrown out. I have never had a cop show up for Houston tickets. If he is there he will explain to judge what you did and the judge will ask you your side of the story and you say, "I'm sorry, I didn't know I was going that fast. I haven't had a ticket in a while so can I take defensive driving." "Sure you can, you seem like a nice guy." Problem solved. 90% chance of getting thrown out. 10% chance of defensive driving. Save the lawyer for when you actually get in trouble.
\

I would do trial by jury, if he does show up you are in bad shape with trial by judge. Freznull Phan wont even touch that kind of case.
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Old 10-28-2011, 02:59 PM   #24
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I have served on 3 traffic court juries (in Brazoria Co.). IMHO, you have a pretty good chance of getting off IF you have a good story/explanation.
In my experience the jury tends to take the attitude that the guy might be innocent, since he is going to so much trouble to fight it. On the other hand, if you story seems screwy or you seem like a flake, they tend to have little mercy.

I say, get with Fresno Phan (I like that better than Fresnel, lol) and let him advise you. He is an expert, experienced, professional lawyer and we are all dumbass motorcycle guys.
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Old 10-28-2011, 04:22 PM   #25
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\

I would do trial by jury, if he does show up you are in bad shape with trial by judge. Freznull Phan wont even touch that kind of case.
If you get clocked with a calibrated electronic device that measures speed with precise accuracy then there isn't much you can talk your way out of. The reason you ask for trial by judge is so you don't have to waste a bunch of people's time. You are just going to see if the cop shows up. If he doesn't then you get off. Unless things have changed in recent years then it should work. I have done this 12 times and it has worked every time.
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Old 10-28-2011, 04:58 PM   #26
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Good luck with the ticket. If I read this right you were ticketed) for 45 in a 30 which is about 50% over the speed limit. that would be equivalent to going 98mph in a 65. Not sure how the system works on speeding tickets but it seems that it may be difficult to get out of. I did see some good advice here that i will keep in the back of my mind if in this situation.
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Old 10-28-2011, 08:53 PM   #27
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Nah bro! Fresno Phan can beat that like a redheaded step child. If you get defered and get another ticket your
Getting fresnal or any other attorney will not guarantee he will beat it.
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I'm no expert, but I think you can't be convicted of the ticket you get while in defered...

You can get the ticket, because you are not guilty of it until you are fined,right?


At least that's kinda what has worked for me...
Ding,ding, somebody else that knows how to work the system. If u happen to get another ticket. Or tickets just reset them and wala
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Old 10-28-2011, 09:24 PM   #28
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The truth is I had my sprockets changed and my speedometer was not fixed I was moving with other cars and could not tell the correct speed
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Old 10-28-2011, 10:22 PM   #29
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Quote:
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In my experience the jury tends to take the attitude that the guy might be innocent, since he is going to so much trouble to fight it. On the other hand, if you story seems screwy or you seem like a flake, they tend to have little mercy.
They wouldn't want me on that jury. If I have to get up gawd-awful early to sit in traffic from near Tomball to the downtown courthouse because somebody's trying to beat a ticket, that, you're guilty.
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Old 10-28-2011, 10:56 PM   #30
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They wouldn't want me on that jury. If I have to get up gawd-awful early to sit in traffic from near Tomball to the downtown courthouse because somebody's trying to beat a ticket, that, you're guilty.
Sometimes they aren't trying to "beat" the ticket, sometimes they are actually not guilty.
If you were not guilty and wanted to fight the ticket you wouldn't want to have somebody with that attitude on your jury, would you?
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Old 10-28-2011, 11:44 PM   #31
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Sometimes they aren't trying to "beat" the ticket, sometimes they are actually not guilty.
If you were not guilty and wanted to fight the ticket you wouldn't want to have somebody with that attitude on your jury, would you?
I'll admit it, I have a sorry attitude about jury duty. But I would have the same attitude about having to go downtown to fight it unless it's more than just a ticket. Bullshit aside, I do understand that people should have their fair day in court if that's what they decide to do.
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Old 10-29-2011, 12:46 AM   #32
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Also, if your time is worth anything to you getting a lawyer usually speeds up the process. For example, if there are 50 people ahead of you, the lawyers skip everybody and get their taken care of before they even start calling anybodys name. I showed up to court one day, sat down, they called the lawyers up, he came back and said the cop didnt show so I could leave. I was in and out in no time.
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Old 10-29-2011, 12:55 AM   #33
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Quote:
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The truth is I had my sprockets changed and my speedometer was not fixed I was moving with other cars and could not tell the correct speed
So let me get this straight, you modified your super sport bike to accelerate FASTER, and are driving around with a faulty speedometer that actually causes you to believe you're driving slower than you actually are?!?!



Think about that "defense" for a minute....
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Old 10-29-2011, 01:36 AM   #34
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Yeah, subbing in "defective equipment" isn't going to help your case.
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Old 10-29-2011, 04:35 AM   #35
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Also, if your time is worth anything to you getting a lawyer usually speeds up the process. For example, if there are 50 people ahead of you, the lawyers skip everybody and get their taken care of before they even start calling anybodys name. I showed up to court one day, sat down, they called the lawyers up, he came back and said the cop didnt show so I could leave. I was in and out in no time.
Sorry buddy but that is totally wrong. The only reason you got out first than everybody was, because the cop didn't show up. I'm willing to bet most people without attorney's were released before you.
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Old 10-29-2011, 05:06 AM   #36
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You can take defensive driving up 24 mph over the limit and take it once per year. Without a lawyer you can ask the judge for deferred adjudication and it's up to him whether or not he grants it, though they almost always will. If he turns you down then you can take the defensive course.

Save up the defensive to use on a ticket that's close to the 24 upper limit.
Why would you save up the defensive driving? I always use it first to get the 12 month clock ticking again. You can usually do it all by mail and internet also so no in person at the courhouse.

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Old 10-29-2011, 06:32 AM   #37
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I try to get my moneys worth on the defensive. I won't take it as a first option on a ticket that's 7-10 over. If I can take it on any ticket up to 24 over I want to get as close to 24 over as possible - like 17-24. Lower or higher speeds I'll use te deferred.
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