Trial by Jury in a traffic moving violation

[Green Lantern]

Hi,
I stay in Texas and I was given a ticket for running a red light (I crossed it before it turned red) in December, 2004 and was given a citation. It was close to midnight and the road was totally empty and this happened at a signal on a T-intersection (while I was travelling on the main road). However, till the day of the court date the citation was not reported in the court records (I called up the court several times between the time I got the ticket till the day of the court appearance). Hence, I was unable to pay the fine online. I also called up the court and the clerk told me that since they don't have my citation on record, I do not have to appear in the court.

In October, 2005 (after 10 monthes), I received a letter from the court stating that there are 2 notices against me; one for running a red light and the other for non appearance in the court on the specified court date. When I went to the court in response to the letter, the clerk confirmed that my citation was entered into the system at a later date after my original court date. They gave me an option to pay the fine for both the notices or to contest it. I took the option to contest the 2 notices in a trial by jury.


What are my chances of winning this case? Don't I have the right to be tried on any offense within a reasonable amount of time? Eventhough I am positive that I did not run the red light, in the worst case scenerio, even if I am guilty, isn't 14 monthes too much to correct a traffic voilation? I am thinking of requesting the court clerk to
testify that there had been an error in entering the citation in the court records (not sure if she will agree to testify or not). Also, I can show phone records that I did call them up even on the day of the court date. What else can I point out to prove my innocence?


Any suggestions or advice on how to contest this case will be highly appreciated.
Thanks


GL

[seniorjudge]

Q: What are my chances of winning this case?

A: Zero. All the government has to do is show that you ran the red light and that you didn't show up for court. Your intentions are irrelevant (as are the facts in the first part of your post).


Q; Don't I have the right to be tried on any offense within a reasonable amount of time?

A: Speedy trial doesn't apply to traffic.


Q: Eventhough I am positive that I did not run the red light, in the worst case scenerio, even if I am guilty, isn't 14 monthes too much to correct a traffic voilation?

A: No.


Q: I am thinking of requesting the court clerk to testify that there had been an error in entering the citation in the court records (not sure if she will agree to testify or not).

A: That will never happen; you can, however, ask the judge to take judicial notice of the court's own records (whatever the records say).


Q: Also, I can show phone records that I did call them up even on the day of the court date.

A: That proves nothing.


Q: What else can I point out to prove my innocence?

A: You're not innocent.

[Green Lantern]

Thank you for your suggestions. I was hoping that someone might help me out here. Anyways, thanks for taking time to reply.
GL

[lwpat]

I also called up the court and the clerk told me that since they don't have my citation on record, I do not have to appear in the court.

This means nothing unless you have it in writing. With all due respect to Carl, this seems to happen a lot in California. The person shows up and the ticket has not been entered. The clerk tells them they will be notified and later they find out they have a FTA. If you have a court date, either show up or enter a plea by CRRR. You need something in writing, not just your word against the clerk. You should enter a motion for dismissal, regardless of what the clerk tells you. The judge might deny it, but at least you have something on the record.

When I went to the court in response to the letter, the clerk confirmed that my citation was entered into the system at a later date after my original court date. They gave me an option to pay the fine for both the notices or to contest it. I took the option to contest the 2 notices in a trial by jury.

You might have the opportunity for a pretrial hearing. They will probably offer to drop the FTA and let you pay the red light ticket. I would counter offer for some type of nonmoving violation and get it over with.