stucathumphreys
Junior Member
What is the name of your state? Texas
I recently went to court for a traffic offense of speeding in Texas. The original citation was in a work/construction zone over 25 mph. The main arguments during the trial (no jury-judge only): Time of ticket was written for 8:00 am. Police officer cited he gave ticket at 9:00am. I had witness in car that the time of day was 8:00 am. Officer said witness was not in car. Witness also said no workers present at time of incident. Officer said workers were present. The judge stipulated after finding me guilty, that the issues argued in court were not relevant because Texas law does not allow for deferred adjudication or defensive driving course and the only two pleas offered were guilty, or not guilt. If the speeding ticket was given in the posted work/construction zone and it did not matter if workers were present or not, no other pleas would be allowed said the judge. I asked the officer if he could have made a mistake and not marked the ticket for additional passenger, but he said no -upon further questioning I asked him if he ever made mistakes, he said not on his tickets in over 8 years. My name was originally misspelled on the ticket but that was overruled by the judge saying no relevance. There are other questionable differences in testimony by the judge, officer, and prosecution. The officer also said he was an expert in the training of the Stalker radar and said the only calibration it ever needs is none, because it always calibrates itself with a push of a button, isn’t it suppose to be checked by an authorized calibration certification company on a scheduled time period. He also said the laser/radar gun needs no other outside calibrations.
I was never given a copy of the official cited complaint until it was administered in court, there is nothing cited about the incident time frame.
I was not allowed to prepare myself before entering a plea by the court for this proceeding and not allowed a continuance for me to bring in evidence when I asked in court.
I read up and Texas law does stipulate deferred adjudication/or defensive driving may be given with a plea of no-contest if workers were not present at time of incident. What type of statements should I make for new trial request or appeal? Basically I feel I was withheld certain rights and the judge was bias and showing great prejudice. Can this decision be overturned due to law misinterpretations by the judge, bias of judge, or what other facts can I argue?
Since I was denied certain rights, is that sufficient grounds for retrial? Thanks sincerely
I recently went to court for a traffic offense of speeding in Texas. The original citation was in a work/construction zone over 25 mph. The main arguments during the trial (no jury-judge only): Time of ticket was written for 8:00 am. Police officer cited he gave ticket at 9:00am. I had witness in car that the time of day was 8:00 am. Officer said witness was not in car. Witness also said no workers present at time of incident. Officer said workers were present. The judge stipulated after finding me guilty, that the issues argued in court were not relevant because Texas law does not allow for deferred adjudication or defensive driving course and the only two pleas offered were guilty, or not guilt. If the speeding ticket was given in the posted work/construction zone and it did not matter if workers were present or not, no other pleas would be allowed said the judge. I asked the officer if he could have made a mistake and not marked the ticket for additional passenger, but he said no -upon further questioning I asked him if he ever made mistakes, he said not on his tickets in over 8 years. My name was originally misspelled on the ticket but that was overruled by the judge saying no relevance. There are other questionable differences in testimony by the judge, officer, and prosecution. The officer also said he was an expert in the training of the Stalker radar and said the only calibration it ever needs is none, because it always calibrates itself with a push of a button, isn’t it suppose to be checked by an authorized calibration certification company on a scheduled time period. He also said the laser/radar gun needs no other outside calibrations.
I was never given a copy of the official cited complaint until it was administered in court, there is nothing cited about the incident time frame.
I was not allowed to prepare myself before entering a plea by the court for this proceeding and not allowed a continuance for me to bring in evidence when I asked in court.
I read up and Texas law does stipulate deferred adjudication/or defensive driving may be given with a plea of no-contest if workers were not present at time of incident. What type of statements should I make for new trial request or appeal? Basically I feel I was withheld certain rights and the judge was bias and showing great prejudice. Can this decision be overturned due to law misinterpretations by the judge, bias of judge, or what other facts can I argue?
Since I was denied certain rights, is that sufficient grounds for retrial? Thanks sincerely