Ticketed for Old Registration

Hi,
I got a non-moving violation in Texas (yeah, I know) for having an expired registration for quite a few months.

The officer gave me a ticket and I pleaded no-contest for it and requested a court date of 6/22. The officer got several facts on the ticket wrong, including my home street address.

What are my options for getting the ticket dismissed or lowered? I always heard that if an officer doesn't show up or even if you show the judge that he entered information incorrectly on my ticket, it is automatically dismissed.

Also, at the court office, I mentioned this "law" to the clerk, and she acted as if she'd never heard of it. She said if the officer entered your information incorrectly, that they would just issue me another citation. Is this fair?

Please advise and thanks alot for this service.

mfreeman73 said:

Hi,
I got a non-moving violation in Texas (yeah, I know) for having an expired registration for quite a few months.

The officer gave me a ticket and I pleaded no-contest for it and requested a court date of 6/22. The officer got several facts on the ticket wrong, including my home street address.

What are my options for getting the ticket dismissed or lowered? I always heard that if an officer doesn't show up or even if you show the judge that he entered information incorrectly on my ticket, it is automatically dismissed.

Also, at the court office, I mentioned this "law" to the clerk, and she acted as if she'd never heard of it. She said if the officer entered your information incorrectly, that they would just issue me another citation. Is this fair?

Please advise and thanks alot for this service.

Click to expand...

My response:

Unless the incorrect information has something to do with your Constitutional Rights of "Notice" of the law that you violated, then any other information to correct the ticket can be done, "Nunc Pro Tunc" - meaning, changed to conform to proof, as if the information were written correctly at the time the ticket was originally given to you.

You are correct, that at time of trial (not your pre-hearing), if the cop fails to appear, then the judge MUST dismiss the citation, and the Complaint against you.

You have a 4th Amendment Constitutional right to "confront" and question any and all witnesses against you. If such complaining witnesses are unavailable to testify against you, the matter MUST be dismissed, and YOU don't have to testify against yourself (self-incrimination).

All persons arrested in the United States have constitutional rights that are provided for their protection, regardless of whether they are citizens of this country. Arrested persons have a right in most cases to a trial by a jury made up of six residents of the county where the offense occurred. They have the right to have this jury hear all of the witnesses and see all of the evidence approved by the court. They have a right to be present during the trial and while the jury is hearing the case. They have the right to see, hear, and confront the witnesses. They have the right to call witnesses of their own, and to have the court issue subpoenas to assure that they appear. They have the right to testify themselves should they choose to do so, but nobody can make a person testify if he or she does not want to in accordance with the right to remain silent. Arrested persons have the right to an attorney if they want one. If they cannot afford an attorney, and they qualify under state law, a public defender will represent them. The lawyer can act on their behalf before, during, and after the trial. They have the right to have their attorney ask questions of the state's witnesses at the time of trial. This is called cross-examination. Finally, they have the right to have the state prove its case against them beyond every reasonable doubt using lawfully obtained and admissible evidence.

Good luck to you.

IAAL

[Edited by I AM ALWAYS LIABLE on 06-17-2001 at 04:37 PM]