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Ability to Pay Determination

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quincy

Senior Member
Thank you for the response. It is much appreciated. What would be the correct terminology to use - do I want them to forgive the fine, vacate the fine, suspend the fine, stay the fine, or waive the fine? It seems like any one of those works but I wanted to be sure in case there's a difference.
Waive the fine.

Again, you probably should expect the court to require you to pay your fine in another way, if after the court reviews your application it agrees to waive the fine. In other words, those who are indigent do not get a free pass to violate laws just because they are poor. ;)
 


Just Blue

Senior Member
If they weren't intoxicated or impaired, and did not commit any infractions or moving violations, they are required to submit their insurance information and be on their way. As far as being cited for bad judgment or poor driving skills, which VC would that be?
They committed a moving violation by going too fast for the weather conditions. You were wrong.
 

not2cleverRed

Obvious Observer
If they weren't intoxicated or impaired, and did not commit any infractions or moving violations, they are required to submit their insurance information and be on their way. As far as being cited for bad judgment or poor driving skills, which VC would that be?
Crashing into a stationery object is a moving violation.

In the particular post Blue cited, the relevant VC would be Texas Transportation Code § 545.351 MAXIMUM SPEED REQUIREMENT. In particular, 545.351 (c) (5) An operator shall, consistent with Subsections (a) and (b), drive at an appropriate reduced speed if a special hazard exists with regard to traffic, including pedestrians, or weather or highway conditions.

So yes, getting into an accident because you did not take into account for increases braking time on a wet road (bad judgment and poor driving skills) is a citable violation.

You may say, but that's Texas law, how were you to know. Well, 1) that's what thread starters are asked for their state, 2) you should respond based on the state being asked about, and 3) oh, by the way, what I said about driving and weather applies to California, the state you've been allegedly speeding in, as well as your own unnamed state too.

More specifically, CA VC 22350 Unsafe Speed for Prevailing Conditions.
 

skitz

Junior Member
They committed a moving violation by going too fast for the weather conditions. You were wrong.
Crashing into a stationery object is a moving violation.

In the particular post Blue cited, the relevant VC would be Texas Transportation Code § 545.351 MAXIMUM SPEED REQUIREMENT. In particular, 545.351 (c) (5) An operator shall, consistent with Subsections (a) and (b), drive at an appropriate reduced speed if a special hazard exists with regard to traffic, including pedestrians, or weather or highway conditions.

So yes, getting into an accident because you did not take into account for increases braking time on a wet road (bad judgment and poor driving skills) is a citable violation.

You may say, but that's Texas law, how were you to know. Well, 1) that's what thread starters are asked for their state, 2) you should respond based on the state being asked about, and 3) oh, by the way, what I said about driving and weather applies to California, the state you've been allegedly speeding in, as well as your own unnamed state too.

More specifically, CA VC 22350 Unsafe Speed for Prevailing Conditions.
I stand corrected.
 

skitz

Junior Member
You joined the forum in 2013. That is where the 6 years comes from.
I couldn't remember my password
The hx I was referring to was reported...but it was quoted by me.


https://forum.freeadvice.com/threads/texas-traffic-ticket-failure-to-control-speed.655500/page-2#post-3662557

But as OP has been here for 6 years and has no other thread and just 2 posts...yeah, seem like OP deletes his/her threads.
Not so fast Sherlock...I would never delete any post or thread. The forum is an archive of information so deleting any content would be counter-productive to the whole purpose and intent of the forum. It has been a long time (maybe 5 years) since I logged in and when I tried a few days ago I couldn't remember my username/password so I created a new account. Somehow because it's the same email address I used before, the system recognizes me as having joined 6 years ago but none of my threads or posts appear.
 

quincy

Senior Member
I couldn't remember my password

Not so fast Sherlock...I would never delete any post or thread. The forum is an archive of information so deleting any content would be counter-productive to the whole purpose and intent of the forum. It has been a long time (maybe 5 years) since I logged in and when I tried a few days ago I couldn't remember my username/password so I created a new account. Somehow because it's the same email address I used before, the system recognizes me as having joined 6 years ago but none of my threads or posts appear.
That is odd ... but there are a lot of odd things on this forum. :)

Is this the thread you want to keep open, or do you want the other thread open and this thread locked?
 

skitz

Junior Member
That is odd ... but there are a lot of odd things on this forum. :)

Is this the thread you want to keep open, or do you want the other thread open and this thread locked?
The other one has been answered and I suppose this one has been answered as well, so close them both. Thank you.
 

quincy

Senior Member
The other one has been answered and I suppose this one has been answered as well, so close them both. Thank you.
We might as well leave this thread open in case you have additional questions. I noticed that the moderator locked your other thread.
I'll bet you I'd have been right if it was the 70's!
Haha. I think I might borrow your line when someone says I'm wrong. :)
 

skitz

Junior Member
Waive the fine.

Again, you probably should expect the court to require you to pay your fine in another way, if after the court reviews your application it agrees to waive the fine. In other words, those who are indigent do not get a free pass to violate laws just because they are poor. ;)
But if it is your first offense EVER in the state of Texas, it is not totally unheard of to ask for the equivalent thereof. I'm still trying to fill out this form in correct legal fashion. Where it says "What are you asking the court to do?", what would be the best way to word that I'm asking that the fine and all associated fees and costs be waived for reasons described in another section of the form? Should I include that I should be placed on informal probation?
 

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