zeeboost Posted February 14, 2006 Share Posted February 14, 2006 I'm going to court tomorrow for my 57/45 speeding ticket. The limit just dropped from 55 to 45, and probably about 200 ft. after that sign is where he clocked me. It was an unfamiliar road, and I didn't catch the sign, but anyways, he also said that I was doing it in a construction zone with workers present. For one, he clocked me before I passed the Construction Zone sign, but pulled me over when I was in it. I've taken a couple of pictures of the area, but for the most part, it's just going to be my word against his. The only argument I have against the officer is that he may be out of his jurisdiction. I was pulled over in Austin, but I think he's a Round Rock (small town next to Austin) officer. I would've looked up his name, but it was too sloppy to read on the ticket. My only clue that he's a Round Rock officer is that the judge he told me to see was a Round Rock judge. So, the following questions are: 1) Will the judge be biased toward the police officer (which I'm assuming), or could my statement create enough of a doubt to possibly drop the construction zone charge? I'll pay for the speeding, but the construction zone is bs. 2) Since the officer selected a Round Rock judge, does that mean that the officer is also a Round Rock officer? (Assuming he's a local, which I'm pretty sure he was) 3) Any other ideas/arguments/suggestions? I would've posted this up sooner, but I was planning to reschedule the court date since I have school tomorrow, and due to procrastination I missed the deadline to turn in a written statement because they closed earlier than normal today. Thanks Quote Link to comment Share on other sites More sharing options...
EZ-E Posted February 14, 2006 Share Posted February 14, 2006 Dont know how they do it in your neck of the woods, but where Im at, you are directed to the Judge of the District that the offense took place in. So if it were the same where you were then you were in Round Rock. Thats how they do it here. Quote Link to comment Share on other sites More sharing options...
240ZR Posted February 14, 2006 Share Posted February 14, 2006 First yopu need Pictures to back up what you say... 2nd they judge will NEVER take your word over his... do like me get some poster board take pictures and make a modle of your version of what happened..... got out of a ran stop light like that..... they changed the traffic pattern of the intersection from having a 3 way stop to a full 4 way stop....... unfortuniatly I wasnt paying attention Quote Link to comment Share on other sites More sharing options...
240ZR Posted February 14, 2006 Share Posted February 14, 2006 you might have something with the county stuff... but trying to pull that in court might be a death sentance..... and once again ITS YOUR WORD AGINST A SWORN OFFICER OF THE LAW.... if you where a Doctor, Military man.... or something other then just Joe Public......you word might mean something..... but I think your sunk man... also I dont know how it works over there.... BUT I KNOW here you can do Community Serivice by REQUESTING it from the Judge b/c your poor or what not.... I've never done it b/c i would rather pay it and be done...... but i have friends who have hey ticket was something like $500 and she did 70 hours of community service Quote Link to comment Share on other sites More sharing options...
Lewis Maudlin Posted February 14, 2006 Share Posted February 14, 2006 As a Prosecutor, the questions I always ask defendants: 1. Do you know this officer? 2. Did you know this officer before he pulled you over? 3. Do you know any reason that this officer would make up things about you? These questions go to bias. Clearly, it is more likely that a person who has gotten a ticket is more likely to embellish to get out of a ticket and save money that an unbiased person just doing his job. That is the argument I make. Talk to the representative from the state prior to the hearing. Here it is a prosecutor, there it may be a district attorney or a county attorney or a commonwealth attorney. Try to find out if there is any common ground that can be reached. Don't be argumentative. Anything you say, however, will be used against you. Be polite and agreeable without making admissions. In some jurisdictions, the judge will dismiss the ticket if the officer does not show up at Court. Considering that the ticket was out of his jurisdiction, the officer may not show up. My wife's father gave me a ticket 10 years before I met her. He failed to appear 3 times before the judge dismissed the ticket. The ticket also must be tried in the jursidiction where it was issued. If you go to Court in another jurisdiction, tell the judge where the ticket was issued. None of this is legal advice only information about the legal process. I hope this helps Quote Link to comment Share on other sites More sharing options...
zeeboost Posted February 14, 2006 Author Share Posted February 14, 2006 Just to make sure I'm clear on this, a local officer is out of his jurisdiction if he's out of his city limit, right? This picture is from Round Rock's website, highlighting in yellow their city limits: The red dot in the bottom left corner is the relative area I was pulled over at, only about 8 more miles west of that spot. Therefore, if it was a Round Rock local officer that pulled me over, he'd be out of his jurisdiction. However, since I was pulled over in the same county that Round Rock is in, a sheriff or higher would not be out of his/her jurisdiction, correct? Now that I think about it, I believe what I'm going to is the pre-trial tomorrow, so I don't know what happens after that. Every ticket that I'm gone to trial over, I never got past the pre-trial because the District Attorney would always throw me a decent bargain. Either way, I'm sure I'll need to be prepared. Thank you for the replies so far. Quote Link to comment Share on other sites More sharing options...
240ZR Posted February 14, 2006 Share Posted February 14, 2006 was it a local cop or state trooper? Quote Link to comment Share on other sites More sharing options...
zeeboost Posted February 14, 2006 Author Share Posted February 14, 2006 I know it wasn't a trooper. I was coming back from a long drive from visiting my friend the weekend before he departed for Iraq, so I was tired and I really didn't pay much attention to the officer's uniform. I don't even think I looked at him. But I remember seeing his squad car was white, so that tells me he was either an Austin or Round Rock local cop. Quote Link to comment Share on other sites More sharing options...
Clifton Posted February 14, 2006 Share Posted February 14, 2006 IMO you are F'd. Cops lie. I thought I had a chance fighting a ticket 3 years ago. Had my wife as a witness to the whole thing (it was more than just speeding, long story). I told my story. He made up one, a good one though. I asked to let my wife speak and the judge said no. Result was 2 days missed work, $140 fine and increased insurance rates all because he was an A hole. His day will come. Good luck. Let us know how it goes. Quote Link to comment Share on other sites More sharing options...
Guest norm[T12SDSUD] Posted February 14, 2006 Share Posted February 14, 2006 I wouldn't push the jurisdiction crap. If you are wrong you will look like a SMARTASS that knows he is guilty and is attempting to avoid prosecution through a loophole!! Play the IRAQ angle. Tell him it was your best friend and you were despondent. Also I hope you weren't a smartass to the officer when he stopped you or you are definitely sunk. Cops write things about your appearance and attitude on the back of his copy of the ticket and the District Attorney will make his decision to dismiss based on this info. Good luck. My opinion........pay a LOCAL ROUND ROCK lawyer $100-$200 and make this all go away. This is how the system is setup my young padawan!! Later,Norm Quote Link to comment Share on other sites More sharing options...
zeeboost Posted February 14, 2006 Author Share Posted February 14, 2006 I was coming over the top of that hill when the officer clocked me. In case you can't read it, that orange sign says END ROAD WORK. Like I said earlier, I'm not sure how it works after the pre-trial. I'm assuming this is where I talk with the DA, and perhaps try some negotiations, and if they fail then they will schedule the actual trial. Norm - I've read the law where it states a ticket written by an officer is void if he was out of his jurisdiction when he saw the offense, so even though I'm going through a loophole, they would still have to obey the law if I can find which one it is, right? I'm with you all, though, in thinking that I'm pretty much screwed for this one. I just can't picture winning one of these, PERIOD. No matter how innocent you are, like Clifton said, the officer could just as easily lie. I'm going to see if I can find that law now. Quote Link to comment Share on other sites More sharing options...
240ZR Posted February 14, 2006 Share Posted February 14, 2006 I got lucky once when i was 16 and the cop didnt show up b/c i wasnt a dick..... GO SIMI VALLEY and ventura County!!!! I honnestly think it was all luck... Quote Link to comment Share on other sites More sharing options...
Lewis Maudlin Posted February 14, 2006 Share Posted February 14, 2006 The jurisdiction does not matter as far as the officer goes. Typically, any officer in the state can enforce any laws in that state. However, the city court judge cannot enforce laws outside of his jurisdiction. If you are in the court for the jurisdiction where you received the ticket, the fact that the officer is from somewhere else does not matter. I agree, do not push issues, try to agree with the state's representative. If this is not possible check with the Court to see if it has jurisdiction over the area in question. Quote Link to comment Share on other sites More sharing options...
zeeboost Posted February 14, 2006 Author Share Posted February 14, 2006 Yeah, I was starting to have my doubts. I remember reading something about jurisdiction that when I was reading through the laws the last time I was going to trial for a speeding ticket, but all I've found so far is just information about Constables. But I've looked on a few other forums, and they're saying the same thing you are, so I guess my memory is a bit hazy. My bad, norm Quote Link to comment Share on other sites More sharing options...
240ZR Posted February 14, 2006 Share Posted February 14, 2006 if you can spring for it get a lawyer,, or if this ticket hits your driving record hard id fight it with some legal represntation.... if not you guys have drving school to take off your record... Quote Link to comment Share on other sites More sharing options...
Guest bastaad525 Posted February 14, 2006 Share Posted February 14, 2006 cops do lie. a good resource for info is http://www.ticketassasin.com, though you're already pretty far advanced in the process, you may still find some helpful tips there. And remember, there is a GOOD chance the officer won't even show up, which I will hope for you that he does not (he didn't when I fought my speeding ticket). Try not to piss off the judge though... if anything, if you are elligible for traffic school to remove the point from your license, and you piss him off, he can deny you traffic school. Quote Link to comment Share on other sites More sharing options...
zeeboost Posted February 14, 2006 Author Share Posted February 14, 2006 Unfortunately, we're only allowed to attend defensive driving (traffic school) once a year, and took one about 6 months ago to dismiss another ticket, so unless I get permission from the judge, I can only plead deferred adjudication, which means I pay the fine, and as long as I don't get another ticket in 3 months, the ticket will stay off my record. I don't know if this option is offered for construction zone cases, however. Quote Link to comment Share on other sites More sharing options...
Guest bastaad525 Posted February 14, 2006 Share Posted February 14, 2006 well yeah you're going to need to show you commited the violation well before the construction zone and that that is only where the officer pulled you over. Also, if the officer shows and you don't waiver in your commitment to fight it, the DA or officer or WHOEVER acts as the prosecutor may be willing to cut you a deal, sentence reduction, possibly fine reduction, but I say... pay whatever they want just TRY to get them to keep it off your record! They want your money, they really dont care if your insurance company gets more money from you. Quote Link to comment Share on other sites More sharing options...
240ZR Posted February 14, 2006 Share Posted February 14, 2006 Get A Lawyer....... Quote Link to comment Share on other sites More sharing options...
Guest bastaad525 Posted February 14, 2006 Share Posted February 14, 2006 Only problem with that is lawyers are expensive, and you're still not guaranteed to win. Also, most lawyers will expect payment whether you win or lose, and either way you're probably paying more than the cost of the ticket. Depending on what the bail on the ticket actually is, in traffic violations it's often not worth getting a lawyer. Quote Link to comment Share on other sites More sharing options...
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