Texas Speeding ticket

[roger75969]

What is the name of your state (only U.S. law)? TX

I got a speeding ticket from a TX DPS Trooper (70mph in a 55mph) The thing is it was another car doing the accused violation. I guess the Trooper saw me in the left lane and assumed it was me, when in fact the truck was passing me in the right lane. Anyway, the officer was repeatedly telling me that I was the only car around said violation area. I know that our DPS uses audio visual cameras, and this statement should be recorded on tape. Could his taped statement of I was the only car around, when in fact the camera will show the truck next to me be enough to prove reasonable doubt? Also, being a Texas Correctional Officer for the Texas Dept Criminal Justice help my credibility in court. I have a cdl and cant take Defensive Driving or Deffered Adjutication or I would, even know Im innocent (just to keep the ticket off my record) Ive plead Not guilty and demanded a jury trial, was this a good choice? Thanks in advance for any help.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[ignitespeed]

What is the name of your state (only U.S. law)? TX

I got a speeding ticket from a TX DPS Trooper (70mph in a 55mph) The thing is it was another car doing the accused violation. I guess the Trooper saw me in the left lane and assumed it was me, when in fact the truck was passing me in the right lane. Anyway, the officer was repeatedly telling me that I was the only car around said violation area. I know that our DPS uses audio visual cameras, and this statement should be recorded on tape. Could his taped statement of I was the only car around, when in fact the camera will show the truck next to me be enough to prove reasonable doubt? Also, being a Texas Correctional Officer for the Texas Dept Criminal Justice help my credibility in court. I have a cdl and cant take Defensive Driving or Deffered Adjutication or I would, even know Im innocent (just to keep the ticket off my record) Ive plead Not guilty and demanded a jury trial, was this a good choice? Thanks in advance for any help.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

I an unfamiliar with Texas court proceedings regarding trial de nova hearings, but I highly doubt you'll have a jury of your peer's for a speeding citation.

Did you admit to the officer your a C.O ? usually they give a professional courtesy .

You could try and fight the ticket through procedural error.

How to Beat Your Ticket - Radar Detector Jammer Forum

Go there and post every detail about the incident, instrument used to obtain the speed, distance, ect...

There are a few forum member's who activly post that have careers in LIDAR manufacturing that can prove error's withint the LIDAR units ( sweeping theory, ect..)

A lot of info can be found here
YouTube - The Truth About Speed Cameras - part 2

 

[roger75969]

Under Texas Code of Criminal Procedure Art 45,a jury of 6 is right that you have in Traffic Cases. My question is would the officer mistaken statements on the amount of other vehicles actually present cast enough reasonable doubt to get a finding of not guilty. Also, would being a Texas CO give me credibility. Should I bring it up in court.

I am also going to talk with the State Attorney in charge on if he will drop the charges considering the officers above statement.

 

[racer72]

My question is would the officer mistaken statements on the amount of other vehicles actually present cast enough reasonable doubt to get a finding of not guilty

Only one way to find out.

Also, would being a Texas CO give me credibility

Probably not. Police officers, judges and others involved law enforcement get traffic tickets too. Using your position as part of a defense might be considered as undo influence on those that may make the decision on your guilt or innocence.

I am also going to talk with the State Attorney in charge on if he will drop the charges considering the officers above statement.

The state attorney general has nothing to do with your ticket. You want to talk to the prosecuting attorney for the county in which you received the citation. In most traffic court cases you will be talking to a very junior member of the prosecuting attorney's office, they get to deal with the simple stuff like traffic tickets.

 

[roger75969]

thanks ya'll. I'm going to talk to the prosecutor who handles traffic tickets for that court. I am going to see if he will drop the charges based on the dps troopers statements. I dont know how it will turn out, but can only hope for the best.

 

[roger75969]

I just talked with the Court, and they told me that I cannot to talk to a prosecutor over the merits of my case prior to a pretrial hearing. The clerk said that the next pretrial hearing would be at least February. Is the clerk right that i cannot talk to a prosecutor except by way of formal hearing set by the judge? Could this be a speedy trial violation?

 

[roger75969]

would a trial date of 90 days past the citation date be a speedy trial violation?

 

[Maestro64]

You can do a discovery request for the audio and video, however, I would say the audio will work against you since the officer kept saying there was no one around. The fact he kept saying is kind of interesting that he want to make sure that was known. Next from what I know police cruisers only have forward facing cameras so unless you were in front of his car when he actually made the measurement I doubt there will any thing on it showing that another vehicle was near you and depending on how the camera is set up it might not even turned on until he hit his lights.

Part of a good speed defense is being able to get the officer to admit other vehicles were near your car, especially if he was using radar, because radar bounce off everything and the officer has no way of knowing which vehicle is sending back the signal he is required to rely on a tracking history. So the fact this officer will claim no other vehicle were near you, that is his tracking history and he does not have to justify it was not the other vehicle since no others were around.

He is guarantying his win in court if you choose to fight the ticket.

However, if you want to learn more about radar defense go to radardetector.net there is are few people know know how it works and the defenses and the are couple people there familiar with TX laws and how the DPS work.