Tuesday, December 27, 2011

How to Fight a Ticket in Texas


What the Courts Don't Want You to Know



Never:
Act like you know the law better than the officer does. Law Enforcement Officers, Traffic Enforcement Officers detest drivers that quote the law to them. I have had plenty of a client who have ended up in the back of a patrol automobile following a heated debate on the law with a Traffic Cop. More Often than not, the Officer finds more reasons to hand out citations.
Admit any guilt. Don't say you are sorry, or that you were unaware what you were doing was in violation of any law. I counsel all of my clients to say nothing. Always keep in mind anything you say is thought about an admission & most definitely will be used against you in court. My advice: Play dumb & take your ticket.

Always:

Be Mr. or Mrs. Submissive. Brown nose behavior should not only be kept in the workplace. Don't be afraid to reply "yes Officer, no Officer" to the questions you are asked. Moreover, these replies ought to expedite your stay on the side of the road.
Be dumb or dumber. Play your ignorance card. Most people, including traffic cops, are less obliged to inflict pain on a poor dumb animal.
Be afraid, be afraid. Show the officer that handing you a ticket is the equivalent of handing you a death sentence. Keep in mind policeman are people , they put their pants on leg at a time. In case you look like a shivering chihuahua, they may hesitate in writing you that ticket in the event that they feel sorry for you.

Be a lovely actor. In case you truly feel like you were not doing what the officer accused you of doing, act like you had no idea why they pulled you over, like they got the wrong car; take this theme all the way to the finish zone. At the finish of the day using this strategy might finish you up with a ticket anyway, but at least you have the argument that you did not do it one time you are facing a judge.


The side of a road is not your courtroom. Pleading your case to the Traffic Officer is about as productive as arguing with the pavement. Trust me...you won't win. This type of behavior has gotten my clients more citations or a night in the slammer and besides the immediate consequences, this behavior makes you stick out like a sore thumb in the mind of the cop. As a result they will keep in mind you when it comes time for him to testify. Stay inconspicuous. My advice: Accept your ticket, say nothing and casually drive away.
Create a photographic memory. Take a mental picture of your surroundings and conditions. Ask yourself what are the traffic conditions, what is the weather like, what lane you were in? This gives you some ammunition to fight regardless of the officer writes on the ticket as the present conditions.
What To Do at Pre-Trial and While Waiting for the Trial
Always:

I Did all That And I still Got a Ticket


Plead 'not guilty.' Depending on where you are this is likely, an appearance in court or a chance to appear at a window in the courthouse prior to the date of appearance to give your plea.

Delay. Don't work around the court's schedule, have the courts work around you. Keep putting off that court date until it is convenient for you to show. This is more likely to work in the event you are self employed or you are an independent contractor. In the event you are employed by a company, make sure that the court does not interfere along with your work, including business journeys. As a rule, by the time you appear, the officer will have forgotten all about the traffic cease and the court will must dismiss your case.


Sometimes Request Information About The Equipment Used to Catch You:


  1. Copies of manufacturers names, including makes, models & serial numbers of all speed measuring devices in use by the Police Department.
  2. Information regarding manufacturers recommended maintenance on all of the above mentioned devices.
  3. Information pertaining to manufacturer literature regarding correct use, including specifications on mounting & aiming for all speed measuring devices used by that particular law enforcement agency.
  4. Maintenance Records for the past six months' for all speed measuring devices used by the department.
  5. Records speaking to the Training administered to the Officer who cited you, in the proper use of all speed measuring devices used by the department.



What To do At Trial: 10 Easy Steps

  1. Check in with the clerk
  2. Check the officer sign in sheet to see if the officer has arrived, if he doesn't show, a dismissal will almost always be granted.
  3. If the officer does show, you will have an opportunity to speak with the prosecutor and determine whether the officer is ready to proceed (if he remembers you and the case). If the officer does not remember the episode, your case will be dismissed.
  4. The judge will call you up to begin the trial.
  5. More often than not, the officer will testify first.
  6. You then question the officer to see if he truly remembers you and your vehicle. Try to see if he can corroborate his information about the conditions of the day.
  7. You then call any witnesses you have to refute the officers story and bolster your story that the officer cannot adequately remember the circumstances surrounding your alleged violation.
  8. The officer is then allowed to make a closing statement
  9. You should then make a closing statement focused on the inability of the officer to remember the incident; this is the way you can beat him, credibility.
  10. The judge will then take several moments to decide.
What To Wear To Court and How to Act
Wear a suit, or at least a tie. In the event you look like a deadbeat scum bag bum, you will be treated as such.
Be polite and reply to courtesy. Act like a jerk and you will be disposed of quickly and not to your favor.



Innocent Until Proven Guilty
Get confident; you cannot win in the event you are a nervous wreck.
Look over the indictment. If the cop is unable to show even the slightest, small, or insignificant element of the indictment, the court must dismiss you case.
Object to an officer bringing in proof about speed measuring devices. Claim the proof is inadmissible. In order to make use of this type of proof the officer must establish Jurisdiction Certification, up to date, correct, traffic & engineering survey, that the speed measuring tool was properly calibrated, & that they maintains an up to date FCC license.
Ask the officer in the event that they was in motion at the time the speed measurement was taken. In the event that they was moving, this can potentially throw off a speed reading & creates reasonable doubt in the mind of the finder of fact (the judge or jury).
ASK the officer in the event that they keep in mind what you were wearing, or did you have any passengers, or what was the weather like? In the event that they is unable to answer, this takes a major blow at his credibility in the mind of the finder of fact (the judge or jury).




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