falsification/ error of time of traffic citation

[Allon_Elk]

I was pulled over this morning for (as the citation reads) driving 30mph in a school zone (speed limit 20). After the officer took down my information and handed me the citation I signed it and apologized. After he left the side of my car I looked at the clock on my dashboard and it read 7:12. I quickly looked at my phone and my wrist watch - 7:12 and 7:12. The ticket reads "time: 7:15". I was pulled over well before 7:15, the time at which the school zone speed limit goes into effect. I have requested a trial by judge. Does anybody know if the officer is required the have his dash cam running when he makes a traffic stop? If the dash cam footage is shown I would be instantly vindicated. I have no real hope of that happening, but wondered what the law was in Texas concerning when an officer must have his dash cam running.

 

[army judge]

I was pulled over this morning for (as the citation reads) driving 30mph in a school zone (speed limit 20). After the officer took down my information and handed me the citation I signed it and apologized. After he left the side of my car I looked at the clock on my dashboard and it read 7:12. I quickly looked at my phone and my wrist watch - 7:12 and 7:12. The ticket reads "time: 7:15". I was pulled over well before 7:15, the time at which the school zone speed limit goes into effect. I have requested a trial by judge. Does anybody know if the officer is required the have his dash cam running when he makes a traffic stop? If the dash cam footage is shown I would be instantly vindicated. I have no real hope of that happening, but wondered what the law was in Texas concerning when an officer must have his dash cam running.

There is no law in Texas that requires police cars to have cameras installed.

Your best bet would be to check with the PD and ask about their internal protocols and operating procedures, as regards cameras.

As far as the time difference, good luck.

Justice of the Peace Courts and their counterparts, Municipal Courts serve one major function, and it isn't providing justice.

They are revenue collection schemes for governments!

This would not be fraud.

The burden on you, would be to PROVE the officer's time is incorrect.

That won't be easy.

It is all but impossible.

Good luck!!!!!

 

[mightymoose]

I have yet to drive a patrol car with a dash camera. Shoot, I don't even have radar.... but then again I don't make many traffic stops either.
Anyway, get familiar with the law in this case. If the school zone is controlled by specific time then you can try and make your argument. I'm not sure I have ever seen a school zone controlled by specific times though. It is usually controlled by the variable of whether or not children are present.
Look up the state statute you were cited for and see exactly how it reads, then decide if you want to try and fight the ticket. Arguing over a difference of a few minutes is going to be a tough one... what if your clock was slow? How would you prove it wasn't? It's uphill for you on this one.

 

[bluemann33]

Mighty

Is there a way the op can get records (if they are kept) of the time the officer called in to dispatch to report he/she was pulling the op over?

 

[bluemann33]

mighty

sorry double posted.

 

[bluemann33]

Also is there a way to get records of the officers next stop. Say if the officer pulled someone over quickly after and their ticket reads 7:17, could that be helpful or wishful thinking?

 

[Allon_Elk]

I looked at the sign again this morning and it clearly reads "School. Speed Limit 20. 7:15AM - 8:15AM, 3:15PM - 4:00PM". It is not the type that reads "School Zone: Speed Limit 20, When Children are Present" or "School Zone: Speed Limit 20 when lights are flashing". In fact the ticket reads that the school zone law is in effect from 7:15AM to 8:15AM. Isn't it just a bit odd that the time of the offense was written as 7:15 AM, the precise minute the school zone law went into effect? My wrist watch or clock on the dash could be off, but the time on my phone is determined by satellite.

 

[army judge]

In many Texas cities the school zone us a great revenue generator. The cities force their police to be there in hiding a few minutes before the start time so they stalk the citizenry every minute the law allows.

Your predator cop could have been there at 7:12 and ready to catch his first victim at 7:15. I hope you prevail, because if you do, you're one in a million.

 

[Allon_Elk]

All I can hope is that the judge believes me. I am telling the truth after all. The police officer would be lying if he were to say that when he looked at the time it read 7:15. If he lies in a court of law is that not perjury?

 

[army judge]

All I can hope is that the judge believes me. I am telling the truth after all. The police officer would be lying if he were to say that when he looked at the time it read 7:15. If he lies in a court of law is that not perjury?

It may be perjury, but it's done all the time. It's only perjury, if you get charged and convicted of it.

Professor Dershowitz of Harvard Law School wrote a book in which he called such police behavior "testilying"!!!


It isn't justice that is dispensed these days. It's about punishment and revenue collection. The country and the world have changed for the worse.

 

[mightymoose]

As mentioned above, the best evidence might come from the dispatch records of the stop. Whatever time is on that record would likely be accepted by the court.

I'm not sure the procedure to get such record from dispatchers, but it would certainly be something you could obtain.