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Did not request my driving record in time - deferred adjudication question and more

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oneofthose

Junior Member
What is the name of your state? Texas.

I was stopped for speeding 11 mi over the speed limit in school zone.
The time was 8:28 and the end of school zone speed limit enforcement was 8:30.
As luck would have it I also had my speedometer quit on me and I was on my way to service center after dropping off my child at school (I did go there and obtain a verification of the speedometer not working, however, the car was not repaired on that day, I started driving a different vehicle instead). I understand those factors along with my clean driving record of 8 years are not of significance for the judge and technically are my fault so I plan to either request ticket dismissal through driving school or ask for deferred adjudication. Can either plea be entered at the court hearing time? Do I absolutely have to present my driving record there?
Can I ask to move my hearing date to allow more time for driving record request (there was enough time since the accident, I just did not think to request it untill now when the court date is in only 4 days)? Will moving the court date bring greater chance of the officer not showing up at the hearing as well?
Thank you very much for answering any of my questions.
 


fairisfair

Senior Member
sorry, no sympathy here for someone speeding through a school zone. If you have been driving as perfectly as you say you have for the last 8 years, you can certainly tell the difference between 15 mph and 26 mph. Good luck with the rest of the posters.:rolleyes:
 

oneofthose

Junior Member
I know, the hardest time to get people to believe you is when you actually telling the truth :rolleyes:. I figured it makes no sense to lie in an anonymous forum situation and here is the pay off :D. Well, thanks for your thoughtful and emotional advice, I'll know where to come for some judgement on my ethics ;)!

For posters wishing to share non-judgemental advice - it was 31 mph in 20 mph zone if it matters at all. Still does not make me a talented driver, just diligent when I can depend on my readings, that is. Technically I should have stopped driving the car as soon as my speedometer failed, so I fully understand it is no defence and count on either driving school or deferred adjudication.
 
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seniorjudge

Senior Member
sorry, no sympathy here for someone speeding through a school zone. If you have been driving as perfectly as you say you have for the last 8 years, you can certainly tell the difference between 15 mph and 26 mph. Good luck with the rest of the posters.:rolleyes:
Yeah...good luck.
 

cepe10

Member
I know, the hardest time to get people to believe you is when you actually telling the truth :rolleyes:. I figured it makes no sense to lie in an anonymous forum situation and here is the pay off :D Well, thanks for your thoughtful and emotional advice, I'll know where to come for some judgement on my ethics ;) !
Don't worry about the creeps here - just ignore them.... you'd only have to follow them around for 5 minutes to see what hypocrites they are so it is no sweat.

26 mph is really really slow for a modern vehicle, 15 mph is unrealistic, so don't feel bad about it.

The speedometer is a mitigating factor and could be used to ask fo an equipment violation in lieu of points and fine.

You normally don't have to present your driving record, that should be the states responsibility - if you say it is clean and there is no opposition the judge needs to accept it.

you can request a continuance - it hurts nothing call the court and ask - have a reason though.... it does make the chance of the officer not showing up better as they batch all their tickets (extortion atempts):) in one sitting...

I guess you don't want to challenge the evidence namely the calibration of the measuring device???
 

oneofthose

Junior Member
Wow, you guys actually do feel like you are the judge :D.
I know you "own" this place ;) but I honestly don't see why I am considered "not worthy" of some advice if the situation is what it is. It's not like I'm saying I haven't done anything wrong :confused:.
 

oneofthose

Junior Member
Don't worry about the creeps here - just ignore them.... you'd only have to follow them around for 5 minutes to see what hypocrites they are so it is no sweat.

The speedometer is a mitigating factor and could be used to ask fo an equipment violation in lieu of points and fine.

You normally don't have to present your driving record, that should be the states responsibility - if you say it is clean and there is no opposition the judge needs to accept it.

you can request a continuance - it hurts nothing call the court and ask - have a reason though.... it does make the chance of the officer not showing up better as they batch all their tickets (extortion atempts):) in one sitting...

I guess you don't want to challenge the evidence namely the calibration of the measuring device???
Well, I figured it would not be too smart to challenge the calibration of the measuring device since I had no reading at all to even suggest that the speed was measured incorrectly. Would be a frivolous challenge pretty much anyway since I am not undermining the fact that I was indeed speeding.
I do feel that the policeman was really trying hard at his "extortion attempt" :D (hence the numbers - 11 miles, not 9, there is a difference, you know) since it was the end of the month (28th). They do have a plan to fill, don't they? He was also very assy about everything, trying to catch me with "incorrect residence address" on my lycense and stuff.
Thank you for an equipment violation idea. Though I would risk simply adding the charge to my existing one, wouldn't I? In all honesty I'd feel much better requesting driving school, even though the cost is not much lower than my ticket. The idea that I need to furnish a driving record I picked up from procedure description on the web.
 
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cepe10

Member
Keeping the points off your record will be the main thing....that may amount to a $2000.000 fee all told courtesy of the insurance company and the state insurance commision...
 

oneofthose

Junior Member
Keeping the points off your record will be the main thing....that may amount to a $2000.000 fee all told courtesy of the insurance company and the state insurance commision...
You are absolutely right. Thanks again for your support. It is my first time here and it did feel a bit weird to have been attacked by the local judges of moral character ;).
 

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