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Contesting a ticket from the police

1,944 Views | 13 Replies | Last: 4 mo ago by Smeghead4761
Aggie Therapist
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Wife got pulled over this morning for "not coming to a full stop" at an intersection.

She came to a full stop and told the cop that. He said "well it doesn't matter because even if you were at a full stop, you have to be at a full stop behind the line".

Mind you my wife is 8 months pregnant and two kids in the back.

should she contest this in court and show up pregnant af to plead her case?

Any advice? Thanks!
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Howdy Dammit
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Is her time (while pregnant with two kids) worth the 200 bucks?
JAW3336
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Buddy just tried this in Temple, they had everything on video and it cost him time and then the fine.

It is not worth it IMHO.
Attack life, It's going to kill you anyway!
SteveBott
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See if can be replaced with a driver ed course and just do that. Wife and I have done several
MouthBQ98
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Best just to do the online drivers Ed they usually allow as an alternative for a simple moving violation.
jopatura
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Unless she knows she stopped for a full 3+ seconds and all wheels were not moving for that full 3 seconds, she won't win. I got pulled over once at a stop sign in my neighborhood. I had stopped, looked both ways and went (literally no one is ever at that stop sign coming the other way either) but because the cop had it filmed and timed and my wheels moved after 1.5 seconds as I pulled up to look around a bush, it was a full guilty. The judge did allow me to do the DD to clear it.

Unless she KNOWS, I would just do DD.
Aggie Therapist
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Damn

Thanks man
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Joe Schillaci 48
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You can get a copy of the video, if there was one. If the video supports the cop, go ahead and write the check, or plead with the court clerk for a defensive driving course or pay the fine.

If she is guilty, she needs to pay the piper.


Don't use the "I'm pregnant" plea. Depending on the sex of the magistrate, your wife could get an embarrasing lecture.

Rexter
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Read Texas Transportation. Code 544.010
L7 WEENIE
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Joe Schillaci 48 said:

You can get a copy of the video, if there was one. If the video supports the cop, go ahead and write the check, or plead with the court clerk for a defensive driving course or pay the fine.

If she is guilty, she needs to pay the piper.


Don't use the "I'm pregnant" plea. Depending on the sex of the magistrate, your wife could get an embarrasing lecture.


embarrassing lecture? What could they say in regards to her being pregnant that would be embarrassing?

I agree with your first two paragraphs

Caesar4
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Where does the 3 seconds come in? I didn't see any mention of that in Texas Transportation. Code 544.010
jopatura
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Caesar4 said:

Where does the 3 seconds come in? I didn't see any mention of that in Texas Transportation. Code 544.010



Supposedly that is the time length of a full and proper complete stop. All wheels must not move for 3 seconds. Anything shorter is a rolling stop, according to the cop that pulled me over and the judge that sat on the bench.
TRADUCTOR
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Buy her a gun.
Smeghead4761
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I would be very interested to know what the officer actually cited her for. What you're describing - failure to come to a complete stop - would be Disregard Stop Sign.

What you're saying the officer described - coming to a complete stop, but over/past the limit line - is Failure to Stop at Designated Point.

They're both TRC 544.010, just different ways of violating it.

Quote:

(a) Unless directed to proceed by a police officer or traffic-control signal, the operator of a vehicle or streetcar approaching an intersection with a stop sign shall stop as provided by Subsection (c).

(b) If safety requires, the operator of a vehicle approaching a yield sign shall stop as provided by Subsection (c).

(c) An operator required to stop by this section shall stop before entering the crosswalk on the near side of the intersection. In the absence of a crosswalk, the operator shall stop at a clearly marked stop line. In the absence of a stop line, the operator shall stop at the place nearest the intersecting roadway where the operator has a view of approaching traffic on the intersecting roadway.

So, if the intersection has a crosswalk, you have to stop before entering it. If there is a limit line but no crosswalk, you have to stop before the limit line. If, from behind the designated line, you can't see, you can then creep forward until you can.

In my department's old (paper) ticket forms, it had a line for "Disregard [ ] Stop Sign [ ] Red light [ ] Traffic Control Device" with a space for what kind of device (A 'Not Turn on Red' sign would be an example of a Traffic Control Device)
There were other check-the-box lines for common things like speeding, expired MVR, no insurance, etc.
Then there was a line for "Other". Failure to Stop at Designated Point would go there.
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