speeding ticket incomplete

[jhenderson1313]

Hi just got a ticket tonight yet the officer failed to fill out the ticket completely ive had friends get out of speeding tickets due to incompletion of tickets just wondering if i can count on it? any help would be greatly appreciated.

 

[mightymoose]

Not unless the missing info will cast some doubt about you being the person that received the ticket... so, not likely.

 

[CdwJava]

What was missing?

 

[jaymonkey2005]

Incomplete Ticket...

I have also received a ticket, and the officer was a complete ass... he was asking what i did for a living, and then asked if i would be bothered if someone drove by me at 75 mph... which was the speed limit... and he said i was going 75 mph visually, and no radar detector was used... i was going 65... anyway, it took about 5 minutes for him to even tell me why he pulled me over. Then he proceeded to his car, and wrote out the ticket. When he handed me the ticket he said maybe next time i will respect my speed around him. I was going out of my way to be as nice as i could be, and left with a smile... when i got home i saw that the officer wrote down that i was driving a white 2004 Chevy and my license plate. He did not put in the model of my car, and he did not put down the expiration of my registration, my V.I.N. number, or mark down the registered owner. Plus as an added bonus i do not own/drive a 2004 white Chevy. I own/drive a 2004 tan Chevy silverado. As the law states i am to move over/slow down in this kind of circumstance. I was going 65mph and i do have a witness who was in the truck when i was pulled over. Is there any grounds for dismissal on my ticket?

 

[mightymoose]

Police officers are all asses. The only thing worse is a lawyer.

Anyways... the discrepancies you note are insignificant.

What exactly were you cited for, and where?

 

[jaymonkey2005]

cited

i was cited for failure to move over/ slow down

 

[mightymoose]

Unless you think you can prove that the officer stopped the wrong vehicle for the violation then you have nothing. That will be pretty hard since the officer was right behind you.
Tan... white... close enough. Even if he wrote that it is blue you would still have to prove that you were not the person that committed the violation.

 

[jaymonkey2005]

cited

thx for the advice! Now i was told that to increase my chances of the officer to not show up i should ask for a continuance. would this be a smart move?

 

[CdwJava]

Why should that have any efect on the officer's appearance at court? He will get another subpoena.

 

[mightymoose]

Getting a continuance is a common tactic and the courts are wise to it- you may be required to prove that you have some other obligation on that date before they will change it.
You can try it though. The idea is to continue it a couple times so the officer essentially has no memory of the incident by the time you go to court... then you pound him with questions if he shows.

 

[jaymonkey2005]

cited

as for the questions go, what would i ask? The officer was also not behind me for the violation. He was on the side of the road finishing paperwork from previously pulling people over. Also isn't there a law that the officer has to tell you why he pulled you over within a reasonable amount of time? I was told that by a traffic school instructor when i was 17... This is all very helpful! Thank you so much for the advice!

 

[army judge]

Texas has a law (as do many states) that if you overtake an emergency vehicle stopped on the side of the raod with flashers blazing, you must move over one lane (as on an interstate) or slow down by 20 MPH UNDER the posted speed limit.

If the speed limit was 65 MPH, and you did not move over a lane (or you were unable to move over) then you can pass the emergency vehicle by only 45 MPH.

Texas Law

§ 545.157. PASSING AUTHORIZED EMERGENCY VEHICLE. (a) On approaching a stationary authorized emergency vehicle using visual signals that meet the requirements of Sections 547.305 and 547.702, an operator, unless otherwise directed by a police officer, shall:
(1) vacate the lane closest to the emergency vehicle
when driving on a highway with two or more lanes traveling in the
direction of the emergency vehicle; or
(2) slow to a speed not to exceed:
(A) 20 miles per hour less than the posted speed
limit when the posted speed limit is 25 miles per hour or more; or
(B) five miles per hour when the posted speed
limit is less than 25 miles per hour.
(b) A violation of this section is:
(1) misdemeanor under Section 542.401;
(2) a misdemeanor punishable by a fine of $500 if the
violation results in property damage; or
(3) a Class B misdemeanor if the violation results in
bodily injury.
(c) If conduct constituting an offense under this section
also constitutes an offense under another section of this code or
the Penal Code, the actor may be prosecuted under either section or
under both sections.

 

[army judge]

Texas allows you to complete a driver safety school.
You can do it online.
If you complete the school, the citation is dismissed and will not appear on your record.
Here is one school, there are many you can complete in person or online:
http://www.idrivesafely.com/

You can also ask the court to place you on deferred adjudication and complete a 90 day probation. You do not have to report to a probation officer, just avoid NOT getting a ticket during that time. If you do, the ticket is also dismissed and disappears.
You can plead nolo contendre, and still get either sentence.
Bottom line, the ticket goes away.

People rarely beat tickets in Texas courts under the conditions you recite.
Texas uses JP Courts and Municipal Courts for these offenses.
Their function is to collect MONEY, your MONEY.
That is one reason Texas has no income tax.
If you lose, the ticket will remain on your record.
Your insurance rates go up, and you pay again!