Yay! I beat my ticket (Texas speeding tickets)

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Old Apr 20th, 2009, 01:23 PM   #1
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Default Yay! I beat my ticket (Texas speeding tickets)

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I love this site I went to court this morning for my jury trial for a speeding ticket (Yes, the Texas constitution allows us to select a jury trial). I had previously asked for documents that the prosecutor did not provide. I found this site yesterday and went to the link listed in a bunch of threads, there was a bunch of diff dismissals so before the prosecutor even had the opportunity to do her opening statement I asked the judge to dismiss it because I was denied the evidence to defend myself. I handed him th letters and cert of mailing for the muiltiple times I asked for docs and my phone records for all the calls I made to county atty's office. The judge was not pleased but he had no choice but to dismiss it. The county atty was fuming, but I have to give it to her she remained polite and professional. The cop was there and everything with a video (that i wasnt allowed to see). Sorry about the long post, but I just saved money on ticket and higher insurance. Yay for me!!

site where i found the dismisals:
WORLDLawDirect - Fighting a speeding ticket
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Old Jun 2nd, 2009, 02:20 PM   #2
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Default re: Yay! I beat my ticket (Texas speeding tickets)

Hi,

So you have to gather the evidence before the court date that is on the ticket?

Where do you gather the evidences from?

What evidences do you need?

Thanks.
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Old Jun 10th, 2009, 08:17 AM   #3
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Default re: Yay! I beat my ticket (Texas speeding tickets)

I dont know how it is dont where you live, but the court date on my ticket was when I had to enter a plea of not guilty or if I was pleading guilty/no contest pay the fine. After I entereda plea of guilty I then scheduled a pre-trial hearing. This is when you can make a request for discovery, but I asked for a continuance so they just went ahead and scheduled a trial for a few months out and i made my request in a letter.

I searched on the internet and I found this site
Defending the Law and my speeding ticket | The World's Greatest Guy
basically I copied his letter for an open records request but it should be titled "request for discovery" according to the prosecutor. Some of it was info that I didnt even need, but i was hoping they would get the letter and say its not worth doing all the work over a $160 ticket,but i was wrong. You should request a video of the stop if the have it.

Goodluck!
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Old Oct 8th, 2009, 12:29 PM   #4
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Default re: Yay! I beat my ticket (Texas speeding tickets)

I physically submitted my request for discovery to the prosecutor's office and to district court office. I also had them not only date stamp the copy I gave them, but also had them date stamp my own copy. I did not receive everything I requested from the prosecutor's office, and I have not received anything from district court, or course the have until a week before my hearing.

If I don't get anything by my hearing, is it safe to say that I can do as you did, and request that the charges of speeding be dismissed, due to a lack of requested evidence?
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Old Oct 8th, 2009, 12:38 PM   #5
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Default re: Yay! I beat my ticket (Texas speeding tickets)

That is what I did in my case last year and it was dismissed. The judge might issue a continuance but he should dismiss.
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Old Oct 8th, 2009, 12:42 PM   #6
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Default re: Yay! I beat my ticket (Texas speeding tickets)

Here's the thing, I did receive "Speed Measuring Device infraction Affidavit" and at the bottom, it has wording that the radar gun has been calibrated, yada yada yada, but it's something that is pre-printed, and does not prove that he actually tuned the gun before and after his shift for that day, there doesn't appear to be a checklist of what he did to the gun, prior to using it that day. I don't know if that is a defense or not.

Also, on the deputy's original citation he checked the box for SMD, but on the copy he gave me, it's not checked, so it appears that he checked that box, after he cited me; don't know if that a defense, but may be it's worth a shot.
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Old Oct 8th, 2009, 03:30 PM   #7
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Default re: Yay! I beat my ticket (Texas speeding tickets)

I would combine that with other evidence to make it more effective. That alone may not suffice. See those articles cited above and all the things you can do in court...
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Old Oct 9th, 2009, 09:33 AM   #8
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Default re: Yay! I beat my ticket (Texas speeding tickets)

I am going to to try this in Denver, Colorado, and we will see how it works!!
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Old Oct 13th, 2009, 12:42 PM   #9
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Confused re: Yay! I beat my ticket (Texas speeding tickets)

What if you were "clocked" using a laser and it was from an officer posing as pedestrian on sidewalk, and then the car comes around the corner and pulls you over? It wasn't actually the cop car that "clocked" me and he mentioned nothing about a video. This was in St Pete FL and I am just unsure how to go about this.
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Old Mar 27th, 2010, 06:53 AM   #10
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Default Re: Yay! I beat my ticket (Texas speeding tickets)

Quote:
Originally Posted by Unregistered View Post
What if you were "clocked" using a laser and it was from an officer posing as pedestrian on sidewalk, and then the car comes around the corner and pulls you over? It wasn't actually the cop car that "clocked" me and he mentioned nothing about a video. This was in St Pete FL and I am just unsure how to go about this.


Each officer can only testify to his involvement, thus both will have to be present in court, otherwise dismissal will be the only result. during your preparations try to ask questions of the officers that will conflict with the ticket, such as did he actually see you approach or is he relying solely on the other officers word. was their an obstruction of his view? was the gun calibrated after use and then used on you or was it calibrated once and used on multiple vehicles. request the officers certification and radar maintenance records, along with his daily workcard showing his patrol activities for the whole day, did he follow this procedure for multiple stops, were the speeds he ticketed for the same, What are the hours of training he had on the radar unit, some states require certain minimum hours, what are his. Were there any signage or other electrical devices in use that could have intefered with the radar result. did he say he clocked you or another officer clocked you, this is crucial, did he admit to something he did not do. request the officers copy of the ticket back and front for notes he may have written, this would be requested before trial.
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