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HPD nonsense - lawyer referral

6,238 Views | 58 Replies | Last: 9 yr ago by DPS AG
GiggityAg01
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I got a ticket last night in the HEB parking lot at the intersection of 18th, TC Jester and Ella. Long story short I pulled in off 18th and parked on the side of HEB, ran in to the store, and exited on to Ella using the shopping center entrance next to the liquor store. I drove right by the cop twice and was actually thrilled to see them policing the area - until he pulled me over.

Ticket cites TC 525.423 which appears to be:


Sec. 545.423. CROSSING PROPERTY. (a) An operator may not cross a sidewalk or drive through a driveway, parking lot, or business or residential entrance without stopping the vehicle.
(b) An operator may not cross or drive in or on a sidewalk, driveway, parking lot, or business or residential entrance at an intersection to turn right or left from one highway to another highway.Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.




At the bottom of the ticket he wrote "did not use closest egress from private lot." so essentially his argument was that one has to use an exit that is on the side of the parking lot on which you initially parked. Had I wanted to exit Ella I would need to park at the liquor store. I don't see that in the law.

He also wrote me a seat belt ticket. I was hurrying I'll admit and I generally start the car the second I get it in. He said he saw me depress the brake pedal (which is required to start a push button starter) about 10 seconds before I put my seat belt on. I fully admit that but I wasn't moving. He said you have to put your seatbelt on before "operating" any part of the car. He acknowledged that I had a seat belt on before I was moving.

I haven't had a ticket in 15 years almost to the day. Given how much of a jerk the cop was and the fact that it took a little over an hour for him to write two tickets I'm inclined to fight these. Anybody have a referral or perspective on the ROI in doing so?
1Aggie99
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Sullo and Sullo
CrossBowAg99
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That is the most BS ticket I have ever heard of!

That POS should have to pay you out of his pocket for wasting your time and money
cajunaggie08
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that cop should be patrolling the restaurant depot parking lot. cars cut through there all the time. I agree that that ticket is bogus though. its one thing if you were actually using the parking lot to bypass traffic but you actually stopped and shopped there.
LawAg05
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Attorneys: Dustin King or David Sprechter(sp?).

If you want to handle it yourself, just set it for jury trial. If the officer doesn't show up on trial day, then demand a trial. If he does show, you could get the same plea bargain they will offer at the first setting. This is what I do with all my traffic tickets.
Diggity
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if you can't do the time, don't do the crime

/TexAgs
bigjag19
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Do you have the receipt? Pretty solid time stamped evidence that you stopped.
Panama Red
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Remember threads like this anytime you hear the City say we need to hire more police officers.
Diggity
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I will if they are talking about hiring traffic cops.
The Wonderer
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Take your receipt to court and show that you made a purchase. Case probably dismissed.
Milwaukees Best Light
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Sounds like one of two things. The first is another one of the cops in some sort of ticket scheme to get them overtime, kickbacks, or something else dirty that channel 2 hasn't figured out yet. The other scenario is that you were a dick to the cop.
Diggity
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the cop was presumably already stopping him to ticket him for these 2 bs "offenses" so he didn't really have a chance to be a dick.
drumboy
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That HEB Pantry.
Texas Savage
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quote:
If the officer doesn't show up on trial day,


Yeah, because Houston cops do this all the time. They would much rather be out on the streets preventing crimes than sitting in some air conditioned court room chatting with their buddies and collecting overtime.
Jack Cheese
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Keep us updated. That's some serious BS right there.
agz win
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Total BS. Infuriates me thinking what he put you through.

I agree a judge should toss both tix.

I'd also consider contacting the news source that's been exposing such BS and provide more ammo to them.

It'd be interesting to see a report on all his tickets he's written and the monies generated.

Horrible. Good luck!
The Original AG 76
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You do NOT have to wear a seat belt on private property. You do not have to have a license , insurance, inspection sticker , working lights ....... He has NO traffic jurisdiction AT ALL in a parking lot unless the vehicle is being used in a threatening manner or in the commission of a crime.
Something about this does not add up.
Al Bula
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That's a BS ticket for sure. I try to avoid that HEB, it's terrible. However, I have done the same sort of exit as the OP half a dozen times.
Kenneth_2003
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^
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Was just about to post the exact same thing. This is also why officers will very rarely investigate or write reports for parking lot accidents, and why handicap parking enforcement is non-existent.

Also the you must stop when cutting across property law is written primarily for the prevention of skipping traffic control devices.
GiggityAg01
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I spoke to one of the attorney's referenced above. I'll wait until this plays out to post a name but after faxing everything over he essentially laughed and said he hopes the cop shows up.

Re: this particular HEB. I can't believe they don't renovate given the shift in neighborhood's demographic. They could at least shatter the $20 mark on their "premium" wines. To be fair the produce is superior to Kroger.

Re: more police. The thing that had me almost raging by the time I got home is the fact that we've had 3 break-ins on our block in the last few weeks and even getting someone to come out takes an act of congress. The liquor store people were jumped and beaten about a month ago for their till. But yet tracking down people "avoiding" traffic lights is priority #1. Like I said, when I pulled in and saw him I was elated HPD actually had a cop in the neighborhood.
The Wonderer
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quote:
Re: more police. The thing that had me almost raging by the time I got home is the fact that we've had 3 break-ins on our block in the last few weeks and even getting someone to come out takes an act of congress. The liquor store people were jumped and beaten about a month ago for their till. But yet tracking down people "avoiding" traffic lights is priority #1. Like I said, when I pulled in and saw him I was elated HPD actually had a cop in the neighborhood.
Of everything you listed, what makes the city money?
aTm2004
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quote:
Do you have the receipt? Pretty solid time stamped evidence that you stopped.

Receipt or CC transaction. If you have that, you could probably get out of the seat belt ticket as well.
aTm2004
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quote:
I spoke to one of the attorney's referenced above. I'll wait until this plays out to post a name but after faxing everything over he essentially laughed and said he hopes the cop shows up.


Please don't tell me you hired an attorney for this. The ticket should have a time on it and so should your receipt. If there a few minutes apart, go to the DA and show him. Like I said above, the seat belt ticket may get thrown out because the cop is an obvious dumbass that can't see you stopped at a store, so how did he see you not having a seat belt on?
Panama Red
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quote:
I can't believe they don't renovate given the shift in neighborhood's demographic. They could at least shatter the $20 mark on their "premium" wines. To be fair the produce is superior to Kroger.

Re: more police. The thing that had me almost raging by the time I got home is the fact that we've had 3 break-ins on our block in the last few weeks and even getting someone to come out takes an act of congress. The liquor store people were jumped and beaten about a month ago for their till.


I also don't know why HEB isn't jumping at the chance to embrace such a up and coming area.
agz win
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I'd also consider sending a letter to HEB with complaints on how their parking area and customers are being harassed / terrorized.

At the least, maybe you'll get some extra coupons.
Jugstore Cowboy
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Must be HPD's new trick of choice. I had one come screeching after me into the Chase bank parking lot on 19th and watch me get out before peeling off in search of the next evil doer.

A friend got ticketed for the same in Southwest Houston last month. When he tried telling the officer which restaurant he was leaving from, the brave First Responder just stared at him and said "never heard of it."

The liquor store and at least two other businesses in the 18th/TC Jester area. I can think of off the top of my head have had to hire additional private security after dark, but I'm reassured to know these heinous traffic criminals are getting justice.
sts7049
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finally a legitimate thread about BS tickets
CrossBowAg99
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HEB is in the process of building about 10 new stores in the 'burbs

If that area was worth it, they would develop there
El Chupacabra
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Protect and serve. Worthless porkers.
RJHouston
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Dude.. Maybe he gave you the ticket for shopping at that particular HEB? That place is possibly one of the worst stores in the loop..
LawAg05
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quote:
I spoke to one of the attorney's referenced above. I'll wait until this plays out to post a name but after faxing everything over he essentially laughed and said he hopes the cop shows up.

Re: this particular HEB. I can't believe they don't renovate given the shift in neighborhood's demographic. They could at least shatter the $20 mark on their "premium" wines. To be fair the produce is superior to Kroger.

Re: more police. The thing that had me almost raging by the time I got home is the fact that we've had 3 break-ins on our block in the last few weeks and even getting someone to come out takes an act of congress. The liquor store people were jumped and beaten about a month ago for their till. But yet tracking down people "avoiding" traffic lights is priority #1. Like I said, when I pulled in and saw him I was elated HPD actually had a cop in the neighborhood.


I'm guessing you talked to Dustin. Hoping the cop shows up is his style. Tell him a lawyer referred you to him who lives in his neighborhood and went to law school with him. He will know who that is. Hopefully he will cut you a smaller rate or just do it pro bono. We know each other pretty well.

Good luck with this. I bet you get it all dismissed.
sixbarag
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Sponsor
AG
quote:
You do NOT have to wear a seat belt on private property. You do not have to have a license , insurance, inspection sticker , working lights ....... He has NO traffic jurisdiction AT ALL in a parking lot unless the vehicle is being used in a threatening manner or in the commission of a crime.
Something about this does not add up.
This! Both tickets are bull****!


wessimo
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Wow, what a bunch of BS - I'll be sure to watch out for that cop. The HEB is kind of crappy but it has the essentials. At least it doesn't get stupidly crowded like the one at Bunker Hill.
fire09
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Post the cops name and badge number so we can get his life story and ridicule him on social media.
aTm2004
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quote:
Post the cops name and badge number so we can get his life story and ridicule him on social media.

This. Hopefully he's getting married and we can recommend a good wedding photographer.
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