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Did not make lane change

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jbtay

Junior Member
What is the name of your state? Texas

this morning I had an experience that is very asinine with Officer Thomas Badge #307. I have included a drawing of the situation for your review. I have reported this to SGT Paul who said he would get back with me immediately but has yet to follow through with a return phone call as he stated at 8:20 this morning, I understand he has more important things on his agenda but a 2 minute phone call to a citizen of Lewisville is not much to ask.



I was heading south on the 35 Access when I was to turn left and I was the lead vehicle so there was no one in front of me. I could see the officer roughly 120’ in front of me. I was proceeding slowly as traffic is pretty bad in this area. However I was looking forward and so the officer practically standing in the road waving at me (Location is represented on the map attached) to come to him. I went straight in the turn only lane following his order I thought I had something wrong with my vehicle but noticed him writing immediately. I asked him what the problem was he stated you were going straight in a turn lane. I said you motioned for me to come to you so of course I went straight at the turn left only lane if I had not you would have been angry and chased me then wrote me a ticket for evading a police officer. I said wait a minute this is ridiculous you told me to come straight now you’re writing me a ticket? I told him this is asinine and I wanted to discuss he ignored me and continued writing. I proceeded to try and plea my case in that when he had motioned me there had not been a violation committed until I crossed over the turn only lane per his orders. Being respectful of the law and his order got me a violation; he asked me to cross the turn only line and then wrote me a ticket for it.



I find this officer does not represent your department in a manner I am used to or have grown accustomed to dealing with. I have always seen professionalism and care. Yet I was shown a side of the law being unjust and unfair this morning that creates a serious doubt in my mind as to the abilities of said officer. I find this to be a direct abuse of power. Entrapment is my biggest concern.





Now my point is this even if I was to go to the lane to my right and had my blinker on I had yet to do it. Intent may have been their but no law at this point had been violated. Intentions I thought were not prosecutable?

What should be my focus when I go to court? Should I go for Jury trial? Should I go to a judge only? Please help as I do not want this going against my insurance at all?

The ticket is for DOTCD which I believe means Disobeying official traffic control device?

The officer is accusing me of trying to go straight in a turn lane. I had yet to do anything other than slow down and turn my blinker to move over to right lane?
 


sukharev

Member
Tell this to DA before you see the judge. This may just cost you court fees. Just don't mention entrapment, officer had no intention to deliberately write you a ticket.
 

jbtay

Junior Member
sukharev said:
Tell this to DA before you see the judge. This may just cost you court fees. Just don't mention entrapment, officer had no intention to deliberately write you a ticket.
So if DA does not agree to just court fees should I go to trial by jury or let a judge handle it. Also it is on video I have requested but I keep being told I have to get lawyer to see DA or get video.
 

sukharev

Member
jbtay said:
So if DA does not agree to just court fees should I go to trial by jury or let a judge handle it. Also it is on video I have requested but I keep being told I have to get lawyer to see DA or get video.
In certain courts this may be the case, but not in general. You always have the right to represent yourself. To start, figure out of this is a criminal or civil matter. Then look up local court rules, as well as rules of criminal/civil procedure for TX. This will also tell you if you can get trial by jury (and if yes, it's always better than trial by judge).

You can request to view a video by submitting "discovery" request - look up the rules for that, as well as call the court to see if they have forms you fill out. You should be able to see the video without the lawyer present. Do realize that when you go that route, plea bargain is pretty much off the table. You will have to go to trial and defend yourself.

Regardless, it's not that big of a deal to just pay up, if insurance would not go up with it. Do check with your insurance as to what effect the ticket would have. If none, don't bother, just pay up.
 

redgrave

Junior Member
Firstly I'd like to say I noticed the response on this was from sukharev. Understand please that I'm not intending to flame you or anything with this reply and I hope you don't take it as such. Can you please answer me this one question? Why is it that when it comes to legal issues the most common answer is

sukharev said:
Regardless, it's not that big of a deal to just pay up, if insurance would not go up with it. Do check with your insurance as to what effect the ticket would have. If none, don't bother, just pay up.
?

It baffles my mind that this is the common concensus among legal representatives. It seems that it's only about the money in thier eyes, and nothing about the truth. Why should I be forced to pay a fine for something I didn't even do? Maybe if I had a salary of which an attorney makes it might make a little sense to me! As for myself and many, many other people even a fine of $100 can mean the difference from having the gas to get to work and putting food on the table.
 

sukharev

Member
1) I am not an attorney. I just gave OP a practical advice based on experience. Accepting inevitable is up to him.
2) If you cannot afford an attorney, you can get a free one from the very same government that will then take your money for court fees and fines
3) If you have a question, ask it in your own thread, and do not highjack anybody else's. That's considered a no-no at any forum.
 
jbtay said:
So if DA does not agree to just court fees should I go to trial by jury or let a judge handle it. Also it is on video I have requested but I keep being told I have to get lawyer to see DA or get video.
Element that strikes me significant is the judgement applied by driver and cop obviously at odds. Cop may have judged that the offence was already completed by your being too far progressed in a turn only lane not to complete the turn, and after that flagged you to proceed forward and get your ticket. If, as you say, there is a video, a third opinion as to whether you were flagged by the cop before or after the violation could go your way. Without additional evidence (conflicting testimony/description of the event), cop's judgement is regularly taken as superior.
 

redgrave

Junior Member
??

sukharev said:
1)
3) If you have a question, ask it in your own thread, and do not highjack anybody else's. That's considered a no-no at any forum.
I did not hijack this thread. My question was directed at the answer you gave in this thread!

sukharev said:
1)Regardless, it's not that big of a deal to just pay up, if insurance would not go up with it. Do check with your insurance as to what effect the ticket would have. If none, don't bother, just pay up.
 
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