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  #1  
Old 07-18-2005, 11:18 AM
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Join Date: Jul 2005
Posts: 2
Exclamation

Got two tickets in Texas, I'm registered in Oklahoma, need some serious advice fast!


My insurance, car registration and driver's license are all issued from Oklahoma.

I am a student going to school in Texas, and I had the unfortunate event of receiving two traffic tickets almost back to back.

The first ticket was for going through the HOV lane in Dallas, TX on 635-West without having more than one person in my car. I had no idea what an HOV lane was and I was just following the directions displayed on my GPS. I later found out that my GPS was configured to expect that there would be 2 or more people in the car so it thought it was ok to send me down the HOV lane.

The second ticket was all my fault. I wasn't paying attention and I got tagged doing 85 in a 60 down 161-North in Irving, TX. I knew I was speeding, but I was shocked to see that I was doing 25 over.

I am really scared about the speeding ticket, because I think if you are caught doing 25 mph or over the posted speed limit it is considered reckless driving, at least in Texas.

I'm 22, and these will be my first traffic tickets EVER. Do I have any hope of getting either of these dismissed? I know the problem is probably compounded by having an Oklahoma driver's license, and this will probably make me ineligible to take defensive driving. If I pay these tickets, will they affect my insurance rates since my insurance is in Oklahoma and I got the tickets in Texas?

Can anyone help me out and give me some advice on how to handle this situation? I'm really freaked out right now.
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  #2  
Old 07-18-2005, 12:09 PM
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Join Date: Mar 2003
Location: Arlington, Virginia
Posts: 309
Quote:
Originally Posted by HypeTelecon
The second ticket was all my fault.
... so was the first.

I don't know about you, but I find it really hard to not notice the large signs that say "CARPOOL ONLY LANE, 6:30AM-9:00AM" and the big diamonds on the pavement.

The Federal Highway Administration oversees, administrates, and issues funding for the HOV program, and they have guidelines on identification required for these lanes. I've never NOT seen one that didn't list the restrictions on a large sign.
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  #3  
Old 07-18-2005, 05:08 PM
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Join Date: Jul 2005
Location: Oregon
Posts: 257
ADVISE: Slow down? Not paying attention and didn't realize you were going 25 over? Did you not notice the flashes of metal in the other lanes that you were flying past???

Your insurance guy will be stoked!
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  #4  
Old 07-18-2005, 07:41 PM
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Join Date: Jul 2005
Posts: 2
Ok, I didn't come here looking for critics about what I did, I came here looking for some advice on how to handle my situation. Yeah, I know, I ****ed up twice. The HOV lane thing was an honest mistake, I was literally just looking at the GPS screen, I wasn't paying attention to the posted signs.

Yeah, I know, PAY MORE ATTENTION. I get it.

But seriously, can anyone provide with with any USEFULL information about my situation? Or has this forum become the "laugh at everyone who screwed up and tell them things they already now know" ?
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  #5  
Old 07-18-2005, 07:58 PM
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Join Date: Jul 2005
Posts: 150

I'm With You


I can't offer you any advice but I agree with your assessment of the majority of the replies on this board. The posters don't seem to have any expertise they can offer so they just get on their high horses and point out everyone else's failings.

I think the best thing to do is bite the bullet and hire an attorney.

Good luck.
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  #6  
Old 07-19-2005, 05:32 AM
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Location: Arlington, Virginia
Posts: 309
Quote:
Originally Posted by Orcons
I can't offer you any advice but I agree with your assessment of the majority of the replies on this board. The posters don't seem to have any expertise they can offer so they just get on their high horses and point out everyone else's failings.

I think the best thing to do is bite the bullet and hire an attorney.

Good luck.
You're wrong. Advice is offered when the situation warrants, in the case of an actual problem. Advice was offered (to be more careful), and the OP didn't like it. Too bad, as he'll probably continue his bad behavior, despite the fact he got caught - after all, he knew better in the first place, didn't he?
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  #7  
Old 07-19-2005, 07:03 AM
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Posts: 150

Parsing the Language


Well I see that Clinton taught you how to parse the language. Yes, he received advice but presumably he was looking for legal advice. I am sure his mother would have given him the same advice as you did.
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  #8  
Old 07-19-2005, 07:42 AM
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Join Date: Mar 2003
Location: Arlington, Virginia
Posts: 309
Quote:
Originally Posted by Orcons
I am sure his mother would have given him the same advice as you did.
And yet he still wouldn't have listened...

If you look around on these threads, some genuine advice is given to those who really need it - their situations are desperate, or someone maligned them.

In this case, neither is applicable. This fellow knew better, chose to break the law anyway, and got cited for it. The best advice that can be given for such a voluntary screw-up is "don't do it". Sorry, but that's just the way it is.

Oh, and "I was just watching something else so intently I couldn't see the road" is not a good excuse!
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  #9  
Old 07-19-2005, 09:59 AM
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Join Date: Jun 2000
Location: Somnambulist University
Posts: 36,806
Quote:
Originally Posted by HypeTelecon
The first ticket was for going through the HOV lane in Dallas, TX on 635-West without having more than one person in my car. I had no idea what an HOV lane was and I was just following the directions displayed on my GPS. I later found out that my GPS was configured to expect that there would be 2 or more people in the car so it thought it was ok to send me down the HOV lane.
Wow!! That must be some incredible GPS system you have there. And I thought mine was the best. What make/model do you have??
I ask that since your excuse makes NO sense at all.

Quote:
The second ticket was all my fault.
And so was the first.

Quote:
I wasn't paying attention and I got tagged doing 85 in a 60 down 161-North in Irving, TX. I knew I was speeding, but I was shocked to see that I was doing 25 over.

I am really scared about the speeding ticket, because I think if you are caught doing 25 mph or over the posted speed limit it is considered reckless driving, at least in Texas.
Unlike most states, Texas doesn't have a specific excess speed to determine reckless driving.
From the Texas Transportation Code:
§ 545.401. RECKLESS DRIVING; OFFENSE.
(a) A person commits an offense if the person drives a vehicle in wilful or
wanton disregard for the safety of persons or property.
(b) An offense under this section is a misdemeanor punishable by:
(1) a fine not to exceed $200;
(2) confinement in county jail for not more than 30 days; or
(3) both the fine and the confinement.
(c) Notwithstanding Section 542.001, this section applies
to:
(1) a private access way or parking area provided for a client or patron by a business, other than a private residential property or the property of a garage or parking lot for which a charge is made for the storing or parking of motor vehicles; and
(2) a highway or other public place.
(d) Notwithstanding Section 542.004, this section applies to a person, a team, or motor vehicles and other equipment engaged in work on a highway surface.


Quote:
I'm 22, and these will be my first traffic tickets EVER. Do I have any hope of getting either of these dismissed?
You can certainly hope.... but there is little, if any, chance of it happening. Part of the reason... you have no real defense against either one.

Quote:
If I pay these tickets, will they affect my insurance rates since my insurance is in Oklahoma and I got the tickets in Texas?
Yes. Per Oklahoma statute:
§47-6-206.
A. Whenever any person is convicted or pleads guilty in any court having jurisdiction over offenses committed under Section 1-101 et seq. of this title, or any other act or municipal ordinance or act or ordinance of another state regulating the operation of motor vehicles on highways, such court shall make immediate report to the Department of Public Safety setting forth the name of the offender, the number of the driver license and the penalty imposed. Said report shall be submitted by the judge or the clerk of the court upon forms furnished or approved by the Department.

B. The Department, upon receipt of said report or upon receipt of a report of a conviction in another state relating to the operation of a motor vehicle, may in its discretion suspend the driving privilege of such person for such period of time as in its judgment is justified from the records of such conviction together with the records and reports on file in the Department, subject to the limitations provided in Section 6-208 of this title. Any action taken by the Department shall be in addition to the penalty imposed by the court.

Source: [url]http://www.oklegal.onenet.net/oklegal-cgi/get_statute?99/Title.47/47-6-206.html[/url]

Quote:
Can anyone help me out and give me some advice on how to handle this situation?
Yep. Cash, check or credit card.
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