Curt581 said:
Marbol, you seem to be going on some mistaken impressions, so I'll try to correct a few.
Ah. I could tell you were a cop before I got 1/5 into your post. I think I agree with you more than you think, however, unfortunately, you are going on some mistaken impressions yourself. I'll try to describe why I think this.
It always amazes me that some people complain about delays, citing "speedy trial" violations deny their rights... while others want things delayed, so it increases the chance the officer won't remember the details.
People are different. So it doesn't really come to me as a surprise that some people will want to get a trial over with, and some will not.
Seems underhanded to me to try and manipulate the court's scheduling to your advantage. If you're really innocent, go to trail based on the FACTS.
But the system is not perfect. The odds are stacked against you. I have LOST before when I was completely innocent. There have been innocent people put to death before. So please excuse some of us for thinking that it's okay to use any and all techniques to get cleared of the charges. Especially if we believe we are innocent.
There are some pretty crappy attorneys out there. Just like crappy mechanics, plumbers, and doctors. That's why it's important to shop around.
Sometimes, even a good attorney can have a hard time proving your innocent when you're overwhelmingly guilty.
Completely agreed.
Criminal cases are different. If you fail to show up for those,
Obviosly you are not from Texas. In Texas, a traffic case IS a criminal case. There is no difference. Traffic cases are not simple "infractions" here. So in a traffic case you are afforded all that a criminal case is afforded, including the right to a trial by jury, etc.
the bond posted is forfeited, AND a warrant is issued for your arrest. If
That same thing happens in Texas. If you don't show up even if you posted bond, a warrant is issued for your arrest. You also loose the case by default for failure to show up. But the arrest warrant is ALSO issued.
Signature or personal recognizance bonds are issued only for minor offenses, unless the judge has compelling information that the defendant is guaranteed to appear for the next court date.
Which is what I would consider a traffic case to be: a minor offense. I consider it wrong to require a bond of a person for speeding, when another person gets a PR bond for rape or burglary. It happens. That doesn't make it right.
I certainly hope you are. Scheduling a trial based strictly on the hope that the officer won't show up is reckless... and arrogant in the extreme.
If I'm not guilty, then I'll use such a tactic and any other tactic that's legal to try to get aquitted.
They have much more important things to do than play games with you over a measly speeding ticket, especially when you know you're guilty.
Ah! Here is where I *really* knew you were a cop. You assume already that someone is guilty. Then you go so far as to assert that someone "knows" it - when in fact, they might not be.
If a court feels that they have better things to do than "playing games with measly speeding tickets" then I'd suggest they stop having cops write tickets for them.
In fact, if you cared to research it, many juridictions rely on the monies generated by speeding tickets to fund quite a large portion of their budgets. It was/is such a large problem in Texas that Texans had to pass special laws that prohibit counties and cities from deriving more than a specific percentage of their incomes from tickets. Apparently Kendalton Texas didn't believe that the state was serious about it, so it continued these illegal tactics until the state came in and forced the city to file bankruptcy and disband. Yes that's right, disbanded a whole city because it was a speed trap. If you don't believe me, read about it here:
http://www.roadsbridges.com/rb/index.cfm/powergrid/rfah=|cfap=/CFID/596142/CFTOKEN/93224025/fuseaction/showArticle/articleID/2653 (You have to scroll down to the words: "Big trouble in little Texas town"
And to top it all off, the commissioner was just found guilty of keeping a lot of that money himself:
http://www.usdoj.gov/usao/txs/releases/February2005/050209-Mann.htm
You might like us to believe this is an isolated incident, but if it is, then why did the state of Texas have to make such a special law?
It's no wonder citizens are taking a dim view of government and police.
And if you think such things only happen in Texas, check this:
http://209.157.64.200/focus/f-news/924501/posts
That's what pretrial motions are for. Go ahead and ask for certifications, etc. The vast majority of us have all of our documentation ready to rock.
I believe in Texas they don't have a pre-trial phase. You have to specifically ask for this in advance. Most departments here do not keep the radar units calibrated as often as the manufacturer recommends, and most officers are licensed by the FCC to operate a radio transmitting device such as that. Are you licensed?
Despite what you or others that share your opinions think, we do our best to be as professional as possible. We don't deliberately stop cars and make stuff up on people that aren't violating.
No. I do believe the vast majority of cops are honest, hard working people who are paid too little for the job they do and get far less recognition than they deserve. So I believe you are wrong for thinking that we believe cops make up stuff. Just because someone complains in a sane, level-headed way like the OP did, doesn't put him in that category (cop bashers) as you may think he is.
There are way too many people out there that really are speeding, to pick on someone that isn't. We occasionally make honest mistakes, but it's rare... and that's what trials are for.
I agree with you, that there are way too many people out there that really are speeding. However, the ones I see that are speeding don't seem to get caught. But I do see lots of cops stopping people that are travelling down well lit, wide, three lane in one direction roads going 50 in a 35 zone, when that same road, a short distance away once it goes down to an OLD, beaten up, potholed single lanes carried a 55 mPH zone.
Now, I know this is not the cops job. But the CITIES DO routinely re-set speed limits far too low on some roads, when the speed limit is much higher on roads that are far less safe. I believe that lately, many cities, when faced with budget shortfalls, are doing this on purpose to get more revenue from tickets.
And top it off with the fact that nearly ALL of us have a speed tolerance. My own is 15 over the legal limit. As was posted earlier, 1 over is illegal. If you think you're doing 13 over, instead of the 17 over my radar says, you still have no valid complaint if you get cited. You're still speeding either way !
Most of the cops here are told by superiors to give 10 MPH tolerance. But the cops I know also give 15 unless they feel they are "behind." Then it goes to 10.
I agree though, that there are lots of people that do drive bad.
-- Continued next post --
