Attorney for Traffic Ticket

5,613 Views | 37 Replies | Last: 9 yr ago by pacecar02
DBSwooper
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quote:
Am I the only person who thinks it's totally messed up that defending yourself against the government is so much more tedious and expensive
than just sucking it up and accepting it that most people just do (and
advise) the latter?



The problem stems, in my experiences, from the fact that the majority of people don't actually understand what the law they are accused of violating states. As in this case the Transportation Code is available for free on the internet, as are all the others for Texas, and it doesn't take that much time or understanding to read the section. It does take a basic understanding on how law is written and defined, but that information is freely available as well.

Much of the grief that people experience stems from their misunderstanding of what is actually on the books and how it applies to them. They also don't understand how other documents like the CCP governs their contact with Law Enforcement. This is exasperated when they show up to defend themselves at trial for a traffic offense and they have no understanding on how the legal proceedings actually happen.

It isn't that the process is hard, it is just that most people don't take the time to understand it, after staring with assumptions that are often wrong about the violation in question.
Stucco
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quote:
quote:
Am I the only person who thinks it's totally messed up that defending yourself against the government is so much more tedious and expensive
than just sucking it up and accepting it that most people just do (and
advise) the latter?


The problem stems, in my experiences, from the fact that the majority of people don't actually understand what the law they are accused of violating states. As in this case the Transportation Code is available for free on the internet, as are all the others for Texas, and it doesn't take that much time or understanding to read the section. It does take a basic understanding on how law is written and defined, but that information is freely available as well.

Much of the grief that people experience stems from their misunderstanding of what is actually on the books and how it applies to them. They also don't understand how other documents like the CCP governs their contact with Law Enforcement. This is exasperated when they show up to defend themselves at trial for a traffic offense and they have no understanding on how the legal proceedings actually happen.

It isn't that the process is hard, it is just that most people don't take the time to understand it, after staring with assumptions that are often wrong about the violation in question.
Every person should familiarize themselves with the statute of which they are accused. It isn't hard to find. Many citations directly list it these days, and if it doesn't, you can request a copy of the complaint against you, which you are entitled, again from the clerk. And hey, if there is no complaint, there is no case, so no harm in asking for a copy.

Defending yourself in court is like...running a marathon...or rebuilding a transmission. 90% of it is learning what you need to do and getting through the first one. The second one is mostly re-execution.
SumAggie
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I have a brother in law who is an attorney and he LOVES it when someone walks into his office and says 'it's not about the money, it' the principle." He knows he will have a great week!
pacecar02
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I fought one quazi successfully

Motorcycle CSPD cop was parked 150 yards down the street(I measured) looking towards a T intersection

in front of the intersection there was a landscape truck and trailer(taking up just over 30 feet) blocking the officers view of the stop sign and stop line on the right hand side(the side I was coming form)

played the video in court where you see me disappear behind the truck and trailer for 3-4 seconds then reappear. All the while the actual view of the violation stop sign area was completely blocked.

Still found me guilty, took 2-3 weeks for the judge to offer a ruling, but.......my fine and court cost was less than 100 bux and I got deferred adjudication without defensive driving so in my case it was cheaper to fight it but it did take a substantial amount of time. A bit more physics diagrams and I might have won.

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