My jurisdiction is: Texas
Recently I was pulled over for doing 80 in a 60. I know there was no way that I was driving at that speed. I'll try to make this as short as possible. I was pulled over for apparently driving 86 in a 60. The officer said I was doing ABOUT 86 on his lidar and at a range of ABOUT 1000ft. He gave no exact numbers for either. The TS happened at 0312am on my way to work. I had 48 min to go another 25 miles, I had no need to speed. On the citation the officer failed to log a time for the citation. For the location he said it occured between streets "A" and "C" on Highway "1". There is a 2 1/2 mile gap between these streets and there is a street "B" that is in between streets "A" and "C" that he failed to use for the location of the violation. After getting my info he kept me on the side of the road for about 22 min to write the citation. He said he did me a favor and wrote the ticket for 80 instead of 86. I am choosing to fight it. When I went to the court house, the paperwork there states the violation occured at 1200am. I went to the pd and got a copy of the call sheet. It lists the time from 0312-0325am. He also listed a comment on there that my vehicle was traveling above 100mph. This is information he never disclosed to me during the TS, but it is on the call sheet. After finding this out I went back to the courthouse and asked if I could request the video from the TS. They said no and I would have to get a Motion for Discovery. I did some research that night to find out what that was and what to do, and filed it the following day. With these discrepencies, does anyone think I have a chance in court and is there any advice. I am currently waiting to see if my motion for the video is granted from the DA and Judge. Also, would this time frame for a normal TS constitute an Unlawful Detention? I am not sure how long the process takes for the motion, but I have about 6 weeks until my trial. Thanks for any help
Recently I was pulled over for doing 80 in a 60. I know there was no way that I was driving at that speed. I'll try to make this as short as possible. I was pulled over for apparently driving 86 in a 60. The officer said I was doing ABOUT 86 on his lidar and at a range of ABOUT 1000ft. He gave no exact numbers for either. The TS happened at 0312am on my way to work. I had 48 min to go another 25 miles, I had no need to speed. On the citation the officer failed to log a time for the citation. For the location he said it occured between streets "A" and "C" on Highway "1". There is a 2 1/2 mile gap between these streets and there is a street "B" that is in between streets "A" and "C" that he failed to use for the location of the violation. After getting my info he kept me on the side of the road for about 22 min to write the citation. He said he did me a favor and wrote the ticket for 80 instead of 86. I am choosing to fight it. When I went to the court house, the paperwork there states the violation occured at 1200am. I went to the pd and got a copy of the call sheet. It lists the time from 0312-0325am. He also listed a comment on there that my vehicle was traveling above 100mph. This is information he never disclosed to me during the TS, but it is on the call sheet. After finding this out I went back to the courthouse and asked if I could request the video from the TS. They said no and I would have to get a Motion for Discovery. I did some research that night to find out what that was and what to do, and filed it the following day. With these discrepencies, does anyone think I have a chance in court and is there any advice. I am currently waiting to see if my motion for the video is granted from the DA and Judge. Also, would this time frame for a normal TS constitute an Unlawful Detention? I am not sure how long the process takes for the motion, but I have about 6 weeks until my trial. Thanks for any help
