innocent citizen needs your help

[themali]

Texas - Benbrook Municipal Court

I had a court date on Friday 09/05/2008 and the judge found me guilty of a speeding ticket.

Speed limit was 35, the officer said he clocked me at 49. I am not sure how he got this number but thats what he came up with. He also said that he clocked me with a LAIDER gun, pointing out of his car with his window down. This is a straight up lie. I had a witness that was driving in front of me that testified other wise. Saying he never saw the officer with any device that he was parked on the street of a grocery store and also testifed that I was traveling behind him with a constant speed of around 35mph. Once I came to a stop light I exchanged some friendly words with a coworker. The officer saw me do that and then proceeded to pull me over. Once i had got of my motorcycle and the coworker also stopped to ask what the reason was, he then stated that he had clocked me at 49. Which is not true I was going under the speed limit around 30.

So I went to court and the defense of that officer talked so much crap that I didn't understand half the stuff he said at the end the judge declared me guilty.

I would like to file an appeal but I am not sure how to do that. All the lawyers i have talked don't do appeals regarding speeding tickets I searched many through the BAR association.

The court clerk told me that I have 10 days to file an appeal. I would like to preferably hire an lawyer if I can't find one I would like to write one my self. I am just not sure how to do that or where I can find any info.

Another thing is this happened on the border between to cities (Fort Worth and Benbrook) Every police and city document from Fort Worth says that this is Fort Worth city limits even the roads are maintained by the city of Fort Worth, yet in court the DA asked the officer if this was withing Benbrook city limits and he said yes. Is this an valid argument?

Thanks in advance

All info is greatly appreciated.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[The Occultist]

Your attempt to argue city limits will not be a valid argument.

What your friend testifies will not be held in high value in a court. Your friend will be considered a biased witness since he will likely argue in favor of your innocence, while the citing officer shall be considered an unbiased witness since he has nothing to gain by your guilty.

 

[themali]

Doesn't the officer's department earn my money from my fees, this means that he has something to gain? BTW are you sure about the city limits? I know that Texas has city limit laws and that the officer can not issue tickets in other city limits and they have even department policies that prevent them from that.

 

[HomeGuru]

Doesn't the officer's department earn my money from my fees, this means that he has something to gain? BTW are you sure about the city limits? I know that Texas has city limit laws and that the officer can not issue tickets in other city limits and they have even department policies that prevent them from that.

**A: nice try. My bet is that you will not win this one.

 

[The Occultist]

Doesn't the officer's department earn my money from my fees, this means that he has something to gain?

Uh, no. The officer doesn't somehow get a bonus because he cites more people. The police department is a non-profit organization; the chief of police doesn't get rich because his "business" is making a profit.

BTW are you sure about the city limits? I know that Texas has city limit laws and that the officer can not issue tickets in other city limits and they have even department policies that prevent them from that.

You are mistaken. Different cities/counties are VERY cooperative with each other and do allow officers to pull people over "across the line". Life isn't like Dukes of Hazzard where you just gotta high tail it to the county line and then there's nothing the police can do.

 

[CdwJava]

Wellll ... I have some friends that work in Texas and one that happens to work in Benbrook, and apparently there IS something in the law that allows such territorial issues to be absolute - unlike out here in CA. Apparently the Benbrook officers do NOT have the authority to cite for violations of the law that occur within Fort Worth ... however, if the road comes out of Benbrook, it is possible that the reading was taken from there. It's not about where the officer made the stop, but about where the violation occurred.

As unusual as it might be, it just might be worth it for the OP to look into the city limit issue with an attorney. Not being from TX I don't know if this boundary matter is a matter of policy, or if there is a legal foundation behind it ... my friend in Benbrook believes it is a legal one, but as a transfer from my agency in CA (and a friend for 15 years) he is as confused at the practice as I am.

I will be speaking with him tonight, so I think I will ask him if the issue has changed since last we spoke of it.

- Carl

 

[Hey There]

Getting Information

Google:
muni courts in texas
City of Beaumont, Texas webpage provides some info.
The Yellow pages in a phone book may provide you with
a lawyer who will give a one time consultation for free or a small fee.
The important thing is to file an appeal on time.
The court clerk should have an application on hand with instructions on appeal rules.

In the state I'm in this is a simple statement that an appeal is being filed. Arguments why the case should have been dismissed follow.
Appeal rules vary considerably from state to state, so contacting the court clerk is essential for filing on time, obtaining forms, and fililng them out correctly.

Good Luck on this.
Let us know how this turns out.


Best Regards,
Hey There