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Old 04-22-2008, 09:56 AM   #1
sbfuller
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Mine and Mala's ticket, 80 in a 60

so we went to court yesterday... 1 good ending, one not so good ending.

the background on the ticket: Mala, Steve and I were leaving Cycle Gear and going to another motorcycle shop to look at some jackets... we were going up 45 going slightly faster than traffic. We turn onto the south 610 loop and the cop in his personal car pulls up beside us and starts yelling and pointing at his radio telling us to slow down... i now know we could have run from him...

Quote:
Texas Transp. Code

545.421. FLEEING OR ATTEMPTING TO ELUDE POLICE
OFFICER; OFFENSE. (a) A person commits an offense if the person
operates a motor vehicle and wilfully fails or refuses to bring the
vehicle to a stop or flees, or attempts to elude, a pursuing police
vehicle when given a visual or audible signal to bring the vehicle
to a stop.
(b) A signal under this section that is given by a police
officer pursuing a vehicle may be by hand, voice, emergency light,
or siren. The officer giving the signal must be in uniform and
prominently display the officer's badge of office. The officer's
vehicle must be appropriately marked as an official police vehicle.
so anyway, he calls ahead and 3 cops pull us over, the one from his personal car tells them what happened and they write all 3 of us a ticket for 80 in a 60. he also lectured us about being bullet proof and doing freeway wheelies and splitting lanes.

so Mala and I go to court,


checked in 30 minutes early, saw the cop that wrote MY ticket show up about 15 minutes later. that cop was called by an off duty cop that saw me "speeding" and was told to write me a ticket for 80 in a 60 from 18 miles previous. The first person to call my name i THOUGHT was just another person who worked for the court... i later find out it was the prosecutor. she informed me of my options: 1) be found guilty and pay the fine of $265, court fees of $100, and a processing fee of $35 and she also informed me that she had all the evidence needed to prosecute me and that the cop was there to testify against me. 2) deferred ajudication, pay $200 and not get a ticket for 90 days in houston and it does not go on my record. 3) reset for a trial by jury. Based on those options, Mala went with #2... i was called up after her and realized that the prosecutor did not inform either of us of the 4th option, being found not guilty. I asked the prosecutor (before i knew the role she was fulfilling) how they had all the evidence if the witnessing officer wasn't there; she told me, "i cannot discuss evidence with you at this time." I asked why. (At this point i thought she was an assistant to the judge or something) she then says, "i am the prosecutor and cannot discuss evidence until it is called for by the judge. Me---> SHE IS MY ENEMY HERE!!! once i realized that I called her bluff on having evidence against me due to the witnessing officer not even being there. she asked me to go back and have a seat and the judge would hear the case. the first cop went up and told the judge what happened, she called me to the stand to inform me that my ticket was being dismissed due to lack of evidence. i didn't even have to say anything!!!!

:HC::HC::slide::slide:
laughing8::bigthum b:
:occasion2:
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Old 04-22-2008, 10:00 AM   #2
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hahahahahahahahahahahahaha ...so mala went with option 3 and you got off scott free ???? thats great
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Old 04-22-2008, 10:02 AM   #3
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awesome man!!!! good job! while i was reading the story that's what was running through my head. where is the evidence (i.e. video) of them doing "freeway wheelies"?? congrats!
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Old 04-22-2008, 10:03 AM   #4
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poor mala

good for you
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Old 04-22-2008, 10:06 AM   #5
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Glad it worked out for you snd Mala! I prolly would have done the same as Mala! Don't think I have the nerve to stand you for myself in court!

What STILL me off about that whole situation in the cop forcing Mala off the road with his car! Was that brought up at all?
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Old 04-22-2008, 10:13 AM   #6
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Nice!
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Old 04-22-2008, 10:15 AM   #7
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Glad to hear the details. I though it sounded shady. It is good to hear cases like yours. Sorry for Mala, but sometimes it takes a little talking to get taken care of. I have had my time with a prosecuter before.
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Old 04-22-2008, 10:53 AM   #8
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Wait - she didn't inform Mala of all the options? Sounds problematic to me - you have to know your rights - or does the system only assume you already know you can plead not guilty and have an instant trial...? Anyone know if Mala can protest the council and throw out the judgment??
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Old 04-22-2008, 11:22 AM   #9
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Good job. Way to stand your ground. I think I had said this is what would happen in first thread. '
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Old 04-22-2008, 11:36 AM   #10
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houston prosecuters have huge caseloads. always make them work for what they get, never give in. you can get out of a lot by asking for a trial. f them.
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Old 04-22-2008, 12:31 PM   #11
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I bet Mala is off at you now huh! Lol.
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Old 04-22-2008, 12:55 PM   #12
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forget-bout-it... glad you beat the system and nice to know the judge didn't take the law-man word over yours. a round of tequila for the winners
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Old 04-22-2008, 01:20 PM   #13
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[QUOTE=Candie;1149874]Glad it worked out for you snd Mala! I prolly would have done the same as Mala! Don't think I have the nerve to stand you for myself in court!

What STILL me off about that whole situation in the cop forcing Mala off the road with his car! Was that brought up at all?[/QUOTE]

nope not brought up. mala never talked to the judge about the actual case... only to get the court order of $200 for deferred adjudication.
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Old 04-22-2008, 01:26 PM   #14
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Do this next time...

Call this Lawyer:

David S. Sprecher
713-639-2600
Specializes in Traffic Tickets!

$100 flat rate fee!

He is 4 for 4 on getting mine dismissed in the last 5 years!
* 2 speeding tickets (Houston)
* Ran a red light (South Houston)
* Rolling stop @ a stop sign (Pasadena)

Its nice to know, I never have to run from the cops!
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Old 04-22-2008, 02:10 PM   #15
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Lucky you. Good thinkin man
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Old 04-22-2008, 02:17 PM   #16
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. Sucks for Mala. Seems there should be something she could do now. That the prosecutor lied to her. Fcking justice system is a joke.
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Old 04-22-2008, 05:26 PM   #17
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congrats! sorry mala!
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Old 04-22-2008, 07:11 PM   #18
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sounded kinda like gambling lol

I used David Sprecher as well
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Old 04-22-2008, 08:00 PM   #19
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Great lesson for everybody here! You happen to think quick, good for you. That helped you out a lot. You also weren't scared of them. But what really would have helped both of you both would have been being familiar with court procedures and now you are, and so is everyone else reading this.

I've hired Sprecher a couple of times and that got me familiar with the system. I had a case once where the cop that wrote me the ticket had apparently signed in to the court but then was no where around and some other cop was acting like he was the one who had written it. When I told the attorney this he went up front and they dismissed right away.
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Old 04-22-2008, 09:29 PM   #20
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Lol, I LOVE stories like this. Good job on callin' their bluff. That's why I always say a lil knowledge and a good, sizely pair of can save you alot of money in life when dealin' with the judicial system...
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