Rohan Nath

First, there is some great material on the archives, particularly the post by PeterS and Dan's response.

Second, does anyone have advice specific to Texas statute? I got a ticket this AM on Hwy 360 (82 in a 55 mile zone). I'd be happy to pay the fine and convert it so I can take defensive driving (limit on that is 25 miles above the limit).

Appreciate any suggestions.

Rob Kwate

Rohan:

First, the disclaimer. I am a lawyer in Idaho and I know absolutely nothing about specific Texas statutes. Now for the advice. Hire a lawyer...but not just any lawyer. The problem with speeding tickets is that 99% of the time they are slamdunks for the prosecutor. In fact in 8 years of practice, I can't remember ever winning a speeding ticket trial on the merits. Occasionally, some fluke thing would happen and we would prevail, but absent that, you need to have your checkbook ready.

The real way to beat these tickets is to convince the prosecutor that he or she doesn't want or need to prosecute it. That's where the lawyer comes in. Speeding tickets aren't complicated, so you don't need the sharpest legal mind that money can buy. What you need is the lawyer who "knows" the prosecutor. By "knows" I mean the lawyer who has lunch with the prosecutor, who knows which cops the prosecutor doesn't trust, who knows when the prosecutor is planning on going on vacation, etc. The lawyer will come up with some reason (probably having nothing to do with law) why the prosecutor should dismiss or at least reduce this to something you can live with. This type of thing happens all the time. I recently got a DUI charge reduced because I knew the prosecutor was going to have double hip replacement surgery. I said, "C'mon Bill, you're having two hips replaced. I remember what my Dad went through after having only one hip replaced. You don't want to be doing jury trial this summer." The next day the prosecutor called and made us an offer we couldn't refuse.

Call around and find out who does a lot of criminal defense work in that area. Try the public defenders office. In many areas, public defenders are able to do private work as well. Even if they can't help you, they should be able to refer you to someone who can.

One other option is to plead not guilty and set up a conference with the prosecutor. When you meet with the prosecutor, don't attack the State's case or the officer, because many prosecutors become very defensive of "their" cops. Instead explain how devistating this ticket will be financially, emotionally, personally, whatever, and then nicely ask if there isn't something else that can be done. You could try this route first and if it doesn't work, then have the lawyer handle it for you.

The truth is that traffic tickets are more of a nuisance for prosecutors than anything else. Afterall, no one goes to law school to prosecute traffic tickets. Just be nice, respectful, reasonable, and give them some reason to cut you a deal. You would be amazed how much a defendant's attitude affects the outcome of a case.

Good luck and let us know how it comes out, Rob.

Don Magee

Was it APD? If so, call Dierdre Darrouzet at 916-8866. If it was the county sheriff or DPS, Dierde may not take the case. But, you , can talk to the prosecutor assigned to the case and, following Rob's excellent advice above ask if there is any way to avoid the increase in your already high insurance. The prosecutor may/should offer differed adjudication-- you pay the cost of the ticket and some extra fees and , if you do not get another moving violation within X months, your record is clean. Again, follow Rob's approach, be painfully polite and don't attack the cops.
By the way, was it laser? They have been using laser on 360 lately. Not good.

Rohan Nath

Thanks guys.

Don, I don't know if it was laser. It was a m/cycle cop from the County Sherrif's dept. Very professional but not very friendly. Perhaps he had a bad day...

I'll give Dierdre a call as my first step.

Cheers,

OldGuy

you know I have often thought about this
(defending myself against a Radar tikcet)
but as a former RF engineer there are all
kinds of scientific ways to defend yourself,
i.e. if a truck was behind you his radar cross
section is much greater than yours there is no
way a small rf cross section would register on
the reciever when say a box van behind you would.
Also if a flat metal object , say a blade of a radiator fan was moving at the right angle to the
receiver at the right frequency,
it could register an erroneous speed
on the officers gun,that would be a passive
jammer ( if it was the right size).
I mean you could go court and blind them
with science or BS. however I dont think I would
go in and try this with a 911 ticket though.
I mean the cooling fan is in the back and well
it would like the bear explaining he didnt steal
the salmon. I would follow Rob's advice.

STLPCA

I agree w/most of Rob's thoughtful discussion & with his bottom line - very pragmatic advice.

However, I disagree that speeding tickets are easy prosecutions. They may be easy against the average unrepresented lay opponent, but they pose technical, logistical and financial challenges when properly defended. Perhaps the difference is geograpic, but where I practice, a conviction against even a mediocre defense attorney usually requires proving proper radar unit training, usage & calibrations (which may need 2 different cops), dealing w/a myriad of technical challenges, juggling the court's schedule with vacation/day off schedules of the cops to assure attendance & avoid overtime, expending limited time & resources on a "victimless" offense, & trying to avoid getting the judge aggravated because the case wasn't moved. A speeding trial can easily consume 1-2 or more hours. Plea bargaining is a practical necessity. Quite simply, the system cannot handle even a small % of traffic cases going to trial. Trading money for points is usually a win-win. That's the essence of the "game." Unless you do something to make it personal (w/the cop or the prosecutor), otherwise **** off someone in the system, or reach triple digit speeds, most any reasonably intelligent & articulate person can be a successful player.

Ron_H

Rohan:
Access the National Motorist's Assn. website: <a href="http://www.motorists.org" target="_blank">www.motorists.org</a> and learn how to defeat this charge as well as much other pertinent information. <img border="0" alt="[byebye]" title="" src="graemlins/wave.gif" />

GreggT

Ditto Ron's NMA comment.........excellent organization for many reasons...join.