I was stopped by a police patrol car hiding behind some bushes. I was accidentally going 10 miles over the speed limit, however my ticket looks like I was going 30 miles over.....then at the same stop I rec'd a ticket for expired registration (I fixed that!), then no front license plate (how my car came!) and then the rear license plate the officer said was obscured by the dealer's name.
My main question is this: On this very same ticket, it lists 2 totally separate addresses for the offenses. My speeding ticket has its address on one street, all other "offenses" are listed on a totally differnt street.
I always heard that if there is a discrepancy like this or any other "error" made by the policeman, then the entire ticket can be thrown out.
Does anyone know about this law, (I live in Texas) and if so, how do I go about diputing it in court. I must appear in court tomorrow, but I can ask for a trial by judge. HELP!!!
2006-09-13 18:35:20 · 10 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
When I appear in court tomorrow, the judge there usually will not hear any evidence for a case (would this particular situation allow me to dispute the ticket then or ??).
Should I ask for a trial by a judge ? Not only does the ticket have 2 separate addresses for 1 out of 4 offenses the police wrote on the VERY same ticket. Would appreciate some speedy advice. And do I need to hire a lawyer for this one??
THANKS!!!!!!!!!!!!!!!
2006-09-13 18:38:19 · update #1
What vicious answers you all give, obviously amonth law enforcement; for your info I have not been "WINING", and my son is who this actually occure d ... to and he is 18....he was on the way to take his grandfather to the emergency room, as he had been notified tha t he was bleeding profusely out his rectum
HAPPY NOW????
2006-09-18 12:23:16 · update #2
If your speeding ticket had the same location on it as the other charges, then you would have a chance of getting them dismissed. As it is, it's not gonna happen. Here's why.
The officer clocked you for speeding at one location (the one listed on that part). Then he pulled out behind you, activated his emergency equipment, and after however much distance it took him to catch up to you and you to pull over, you stopped at a second location. The second location is where the other offenses occurred, so that is what is listed for them.
Yes, technically, your tags and registration were improper the whole time at both locations, but the officer did not notice those violations until after he had you pulled over. So that is where you were listed as being in violation.
If you take a close look at the tickets, I would be willing to bet that the address listed for the speeding is where he was hiding in the bushes and the address listed for the others is where you were when he got you stopped.
No errors, just accurate recording of events by the officer.
2006-09-13 19:20:20 · answer #1 · answered by RJ 4 · 4⤊ 1⤋
I assume you already had the court date. I live in Texas and the front license plate for the car should have been mailed to you with the back license plate. Some cars don't have a place but one has to be made in the state of Texas. I don't know about the address discrepancy but You should find a lawyer to see this case through. There is a new state law that says that anyone under the age of 25 is required to take defensive driving. I recommend renting it from blockbuster and doing it at home it is much easier. My husband has to take this course (and it helps with insurance). If the police officer does not show up in court the ticket will be thrown out. and if your son was taking his grandfather to the hospital than there is an 'emergency' to justify speeding and the police officer is required to escort you to the hospital (this happened to me when I was in labor). Don't know if this helped and good luck!!!
2006-09-21 15:23:52 · answer #2 · answered by Fallon V 4 · 0⤊ 0⤋
Once again, RJ and mikey are correct. You commited the offenses by your own admission, so you will pprobably wind up paying the price. You can ask for a trial, or plead no contest or whatever, but if your arguement is what you detailed above, you are spinning your wheels. The reason for the separate addresses are exactly like they said. I am a cop in Texas, and can tell you from experience that all the reasons you were cited are legitimate. You have always had to have both a front and rear plate on your vehicle. If it did not have one at the time of purchase, you should have made the seller provide one, to avoid what just happened. The grace period on the license obstruction expired over a year ago. No part of your plate can be obscured, but I am assuming that there is a dealer frame around your plate that does just that. Sorry, but you just got an education in the Texas Motor Vehicle code, and ignorance of the law won't get you far.
2006-09-13 23:13:53 · answer #3 · answered by Anonymous · 3⤊ 1⤋
This does sound like a reasonable cause for dismissal. How can the address change if you both did not move? Be sure to write everything down on a pad of paper BEFORE you go to court so you will not forget to mention any of your argument. Odds are you may be able to plead out of one ticket and pay the other.. guess which one... the more expensive one. Hopefully they'll rule in your favor, and I had always believed the same about the discrepancy clause. I'm not a lawyer and I don't live in TX, so take my advice with a grain of salt. Good luck tomorrow!!
2006-09-13 18:48:53 · answer #4 · answered by Porterhouse 5 · 2⤊ 2⤋
NO! You have the right to show up at both locations or pick up your telephone to call for clarification! If you do the crime-you do the time! Pay up and stop wining!!! How do you "accidently" exceed the speed limit? And if you received all of the other tickets along with the speeding violation- you need to wake up and show respect for the law!
Now tell us your so poor you can't afford an attorney! As for the street issue, the officer probably chased you clean accross town before you acknowledged him therefore it is legal for him to put the name of the street where the offense occured!
Your goose is cooked so like I said previously- PAY UP and stop that damn wining!!!!
2006-09-18 02:46:57 · answer #5 · answered by Anonymous · 0⤊ 2⤋
You were observed speeding at one location and stopped at another where the other violations were observed. Whats the discrepency.
Can you go to traffic school and avoid the points?
2006-09-17 12:27:01 · answer #6 · answered by JOHN 3 · 0⤊ 0⤋
In such an emergency, advance call to the police would even possibly get you an escort.
2006-09-20 14:31:04 · answer #7 · answered by mrcricket1932 6 · 0⤊ 0⤋
well im sure u done been 2 court so hope everything turned out good 4 u
2006-09-21 15:27:11 · answer #8 · answered by Anonymous · 0⤊ 1⤋
So make your son pay the tickets then.
2006-09-21 09:56:59 · answer #9 · answered by Pixie 4 · 0⤊ 0⤋
of course,do it
2006-09-19 00:40:53 · answer #10 · answered by david w 5 · 0⤊ 0⤋