• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Judge gives incorrect Law interpretation!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

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
 


myworld29t

Junior Member
okay but be very carefull about this issue

See, not all judges are just judges, they have families and FRIENDS.
Many cops like my two uncles like to meet up with judges in the malls, restaurants, etc. making it look like it was a surprise not meant to be.
yeah right. Well, it sounds like the judge knows the officer (your enemy) pretty well, that he does not even consider that the officer might have a chance of making a mistake.
You probably would not need a lawyer since there is not much sense in wasting more money, but you should contact a good tv station for the news and tell them what happened and they should have a private investigator on your side in no time; thats what happened recently on the news where cops drive like on the wrong side of the road during 2-4am when not much traffic are found.
But be sure you dont go agains the judge, where he could just put you behind bars for threatening him, or just say that you implied to hurt him,(not that you actually said it, but sounds like it)so you are in deeper hot water.

Oh, many cops and judges are reading these forums to find out whom is on and if any one is uncovering their secret society's crimes, yet.
 
S

seniorjudge

Guest
stucathumphreys said:
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
File a motion for a new trial. If that motion is not granted, file an appeal.
 

lwpat

Senior Member
Next time ask for a jury trial. It is not unusual for traffic court judges to ignore the law or to favor the driver.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top