Recently I received a traffic ticket while TRAVELING in my own personal vehicle northbound on state highway 146. I was stopped by a shoreacres tx police officer (77571) I was clocked @70 in a 60 zone. I sent by certified mail, a petition for abatement. The judge over ruled it. I then hand delivered a "motion for dismissal under lack of subject matter jurisdiction". He over ruled it. I then, in court did not enter a plea, the judge said "if you do not enter a plea. I will enter one for you." Which is illegal. He entered a plea of not guilty to my record. And I now have to go back to court and be re tried by judge. He would not explain to me, why he over ruled my motions. He just did. I claimed that "Texas transportation code 201.904, states that Texas highways are to have regulated speeds posted for, tractor trailers, truck trailers, commercial vehicles and commerce" which I was none of. He ignored. The ticketing officer was not present in the room. There was no witness to the "crime". Out of fear of stirring a hornets nest and being held in contempt of court, I kept my mouth shut afterwards. In a month's time I'm expected to go before the same judge and present myself. He will reach the verdict of guilty and I will have a conviction on my record. What should I do?
judge is assuming power he doesnt have
- Thread Starter paulrutt
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Recently I received a traffic ticket while TRAVELING in my own personal vehicle northbound on state highway 146. I was stopped by a shoreacres tx police officer (77571) I was clocked @70 in a 60 zone. I sent by certified mail, a petition for abatement. The judge over ruled it. I then hand delivered a "motion for dismissal under lack of subject matter jurisdiction". He over ruled it. I then, in court did not enter a plea, the judge said "if you do not enter a plea. I will enter one for you." Which is illegal. He entered a plea of not guilty to my record. And I now have to go back to court and be re tried by judge. He would not explain to me, why he over ruled my motions. He just did. I claimed that "Texas transportation code 201.904, states that Texas highways are to have regulated speeds posted for, tractor trailers, truck trailers, commercial vehicles and commerce" which I was none of. He ignored. The ticketing officer was not present in the room. There was no witness to the "crime". Out of fear of stirring a hornets nest and being held in contempt of court, I kept my mouth shut afterwards. In a month's time I'm expected to go before the same judge and present myself. He will reach the verdict of guilty and I will have a conviction on my record. What should I do?
disagreeable
Well-Known Member
He could have just thrown you in jail for contempt of court until you entered a plea. It sounds like maybe he should have instead of going by the standard of entering a not guilty plea and progressing the case to trial without giving you a record.
army judge
Super Moderator
You're making nothing into something.
None of those motions you mentioned are applicable in a lousy traffic ticket plea.
If a defendant stands mute, which she or he has the right to do, the judge is compelled to enter a not guilty plea. All defendants are innocent until proven guilty.
The JP was very patient with your hijinx.
Make it easy on yourself, take traffic school, or return, apologize to the court, and request deferred adjudication.
Either one will remove the citation easier than that nonsense you were spouting.
Traffic school is cheaper, but deferred is easier (you need not waste six hours watching videos).
Lagniappe Law:
Precedent for "standing mute" was set back in 1818.
In the case of the United States v. Hare, et al., Circuit Court, Maryland Dist. May sess. 1818, the prisoner standing mute was considered as if he had pleaded not guilty.
A person does have the right to "stand mute", and the judge is required to enter a plea of not guilty for the defendant, as he is claoked in the presumption of innocence.
In an act of congress of March 3, 1825, 3 Story's L. U. S. 2002, has since provided as follows; Sec. 14, That if any person, upon his or her arraignment upon any indictment before any court of the United States for any offence, not capital, shall stand mute, or will not answer or plead to such indictment, the court shall, notwithstanding, proceed to the trial of the person, so standing mute, or refusing to answer or pleas, as if he or she had pleaded not guilty; and upon a verdict being returned by the jury, may proceed to render judgment accordingly. A similar provision is to be found in the laws of Pennsylvania.
In the UK, they once took a divergent view:
When a prisoner stands mute, the laws of England arrive at the forced conclusion that he is guilty, and punish him accordingly. 1 Chit. Cr. Law, 428.
Our French allies (way back when) once decided it this way:
By the old French law, when a person accused was mute, or stood mute, it was the duty of the judge to appoint him a curator, whose duty it was to defend him, in the best manner he could; and for this purpose, he was allowed to communicate with him privately. Poth. Proced. Crim. s. 4, art. 2, Sec. 1.
To do it before Texas JP is almost laughable in my view, but it is entirely legal.
Its rarely done these days, and I recall my dad explaining it (Jone Jones stood mute) to me when I was about 11-12 years old.
My dad required us (sons and daughters) to read the newspaper daily and discuss something we had learned or didn't understand with him and or mom each evening.
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CdwJava
Moderator
Sooo ... you say that you do not have to follow speed limits? Really? Did you read the other TX codes, or just the one that you THINK says that only commercial vehicles are required to follow traffic speed limits? (I believe the section you cite states that the state may post signs creating separate speed limits for these commercial and farm vehicles.)
But, if you think you have caught on to a loophole that the defense bar in TX has missed for what could be nearly a century, by all means, hire an attorney and make case law!
You might want to read through this:
http://onlinemanuals.txdot.gov/txdotmanuals/szn/introduction.htm
But, if you think you have caught on to a loophole that the defense bar in TX has missed for what could be nearly a century, by all means, hire an attorney and make case law!
You might want to read through this:
http://onlinemanuals.txdot.gov/txdotmanuals/szn/introduction.htm
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CdwJava
Moderator
Please do not post the same topic to multiple threads. One is enough and your other one already has replies to it.
KatDini
Well-Known Member
I have a feeling OP is one of those sovereigners who don't think that the US/state law has any kind of jurisdiction over them.
CdwJava
Moderator
Certainly sounds like it could very well be.
cbg
Super Moderator
The one who's assuming power he doesn't have? Look in the mirror to see him, friend.
army judge
Super Moderator
Much respect to you, friend, it takes a big person to apologize and then reconsider his or her position.
Two tips for you, friend:
One, request online traffic school. It takes six hours, and it costs about $25.00, plus court fees and fines. You can ONLY use traffic school once every twelve months.
Two, my personal favorite, DEFERRED ADJUDICATION. It costs more, but its nothing more than 60-90 days of unsupervised probation. You get no tickets during the allocated time, and everything is washed away. Your driving record remains clean, your insurance company never gets notified, and neither does DOT. Plus, you don't have to spend six hours watching videos, and there is no limit to the number of times you can request DEFERRED ADJUDICATION.
Good luck.....
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