First ever moving violation Citation. Need Help

[Vini]

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

Hi

I have received my first moving violation citation and do not know what to do. Your advice will be highly appreciated.
here is what the ticket says

Violation 1 Warning Speeding
Violation 2 passing authorized emergency vehicle
Violation 3 Unrestrained Child <8 in back seat

I was passing on a 2 lane highway and there was a truck in the next lane, i was driving at 50 and limit was 70-75 in the zone, i tried to slow down or move to the next lane but missed to take full stop or come to 20 mph, the officer came behind and stopped me , he gave me ticket and also put in for my child which on stopping did not have the seat belt buckled up on the long journey.
I do think i deserved ticket but do Not want the points to get on to my license. i have been driving for years and genuinely missed this rule which i have been following all these years, i can only feel sorry for the past but would like to have minimum impact on future, please advice.

 

[CaliDriving]

First of all, there are many points that I don't understand:

Violation 1 Warning Speeding
Violation 2 passing authorized emergency vehicle
Violation 3 Unrestrained Child <8 in back seat

I thought that a citation can only have 1 violation. Did you get 3 citations, or 3 tickets? To be more accurate, the ticket should have the specific code of the law that you were cited for braking.

Was violation 1 a warning or a citation?

I was passing on a 2 lane highway

Was it a two-way highway (1 lane in each direction)? Or a highway with 2 lanes in each direction?

I was driving at 50 and limit was 70-75 in the zone

Then why did you get a citation/warning for speeding?

I tried to slow down or move to the next lane but missed to take full stop or come to 20 mph

Full stop? 20 mph? Of what? Why?

Violation 2 passing authorized emergency vehicle

Your details say nothing about an emergency vehicle

my child which on stopping did not have the seat belt buckled up on the long journey.

What does the length of the journey have to do with it?

I genuinely missed this rule which i have been following all these years

What rule? It sounds like you've been cited for breaking 3 or 4 different rules.

I do think i deserved ticket but do Not want the points to get on to my license.

None of us want points to go on our records. Who wants punishment? Me and everyone who's ever got a ticket has been in the same position, but by saying you deserve the ticket you're saying you deserve the points too. "The ticket" means the fine and the points.
To get to your main question - about avoiding points on your records - at least in California, points are an administrative action by the DMV, and even a judge can't avoid them if you plea or are found guilty. Your best option to avoid the points is traffic school.
Luckily the points will have a minimum impact on your future, as they are points on a driving record and not, a criminal record, for example.
Otherwise we need clarification on all the above questions to even understand what went on.

Finally, I hate it when I'm getting preached in here, but I'll do the same... letting your child ride without the belt buckled up sounds like the most dangerous of all your acts.

 

[HighwayMan]

Your best option to avoid the points is traffic school.

Do you even know for sure this works in Texas, or are you just guessing?

 

[FlyingRon]

He's guessing, but it does work in Texas. He needs to contact the court within ten days of receiving the citation and tell them that's what he wants to do.

 

[HighwayMan]

I thought that a citation can only have 1 violation.

In some states there can be multiple violations per ticket. A Connecticut infraction ticket, for instance, can be written for multiple infractions.

 

[Zigner]

I could have sworn that I pointed out that, in CA, one can be cited for multiple violations on the same citation. The reason it's important is because "CaliDriving" is from California, yet doesn't seem to know that. It goes to credibility.

 

[Silverplum]

First of all, there are many points that I don't understand:
{snip}
Otherwise we need clarification on all the above questions to even understand what went on.

We can see that.

We? 5 posts and "we?"

 

[quincy]

... letting your child ride without the belt buckled up sounds like the most dangerous of all your acts.

The "we" seems a bit presumptuous but, if nothing else, at least CaliDriving got the preaching right.

 

[CaliDriving]

Yes, I should have pointed out that my expertise is lesser than yours, beyond the general "the advice on these forums is not binding or professional" disclaimer. Saying "I thought that..." is exactly to show my limited perspective.

So I got the preaching right, and you preached me well... now what about the OP? Besides FlyingRon's remark, all the responses were about my incompetence, not about the topic.
You also panned me saying "we need clarification." Are my 8 questions irrelevant/clueless, and the details of his case are clear to you?

 

[Zigner]

Yes, I should have pointed out that my expertise is lesser than yours, beyond the general "the advice on these forums is not binding or professional" disclaimer. Saying "I thought that..." is exactly to show my limited perspective.

So I got the preaching right, and you preached me well... now what about the OP? Besides FlyingRon's remark, all the responses were about my incompetence, not about the topic.
You also panned me saying "we need clarification." Are my 8 questions irrelevant/clueless, and the details of his case are clear to you?

He passed a stopped emergency vehicle while going too fast and not moving over. The fact that he was doing 50 in a 70/75 zone is irrelevant.

 

[quincy]

... Are my 8 questions irrelevant/clueless ... ?

You asked a few good questions, CaliDriving. I think the concern comes when you have a self-admitted limited knowledge of California law and you offer advice to a poster from Texas based on this limited knowledge of California law. State laws vary so widely that you cannot use what you know from one state and apply it reliably to questions from someone in a different state.

In Texas, there is a driving safety course available for the emergency vehicle violation (Tx TN Code Ann §545.157). For an unrestrained child violation (Tx TN Code Ann §545.412), a judge can potentially order a safety class and probation. If the officer only "warned" about the speeding but did not cite Vini for speeding (and I agree with you that Vini was not clear on that), then he does not have to worry about fines or points being issued for that.

But, even without a speeding violation, Vini is still facing 6 points for the other two violations - both of which are misdemeanor offenses - and potentially hundreds in fines (if the fines, fees and points I located on my brief search are correct). It seems unlikely that he will escape getting some points on his driving record.

Here are links to the laws:
Emergency vehicle violation - http://codes.lp.findlaw.com/txstatutes/TN/7/C/545/D/545.157

Child restraints - http://law.onecle.com/texas/transportation/545.412.00.html

If Vini wants to limit the effect his violations will have on his future (a misdemeanor record, increase in insurance rates), he should consult with an attorney in Texas to see how best to do this. He can also contact the court to inquire about the driving course, as FlyingRon suggested, which can help him with the emergency vehicle violation.