Traffic Ticket court questions, Cop didn't put ticket in system till less than a week before court Options

[JesterDC]

Hey guys, I need some help.

About two months ago I got a speeding ticket for 36 in a 30 and a failure to stop for rolling through a stop sign, all at the same time. The area I got the ticket is under the jurisdiction of Precinct 4 of Harris County, Texas. Also known as Humble/Atascacita. So I got the tickets, I waited a week for processing like the ticket says to do and tried to pay for them, only they weren't in the system yet, I tried again the next week, and the next week until I forgot to check every week. Last week I checked because I knew my court date was coming up. Still, nothing.

Now today, less than three days before the court date on my ticket I log on to the Justices of the Peace website again, and there my cases appear, and I got really ticked. I thought the officer must have lost my ticket or something, nope he's just amazingly slow.

http://web.jp.hctx.net/CaseInfo/GetCaseInf...se=TR42X2197342

If you scroll down you will see the ticket wasn't added until last Tuesday, the 22nd, less than a week before my day in court on the 28th. It should have been added over SIX weeks ago.

I was just going to pay for my citations and comply, but now I want to fight. And I was wondering if his lacking ability to process my ticket can be used to my advantage to have these tickets dismissed. Can I use this as ammo? Anyone have ANY experience in this situation? Or one like it? Or just experience fighting tickets at all? Please help

[GriffGirl]

I have no idea in this situation, but my guess is that just because he took a long time to enter it into the system doesn't mean you get off from your violation. His delay doesn't negate the fact that you were speeding and failed to come to a complete stop.

Now if this is your first ticket and you have an otherwise PERFECT record, you could appear in court and request the ticket be dismissed, or that you plead guilty or no contest and the fine be reduced to zero since this is your first infraction. Unless you're 16 or 17 in which case you have no driving history to speak of, and thus no real ground to stand on.

The other thing is that if the cop really IS a slacker, he may not show up in court, in which case your case will be dismissed and that's that.

[D-Man]

nope. Don't waste your time. Officer FatAssMc'Gee being fat and slow and eating jelly donuts untill 3 days prior to your court date before online-ing your ticket is no reason that you'd get out of it.

The only thing you could do is get out of a late fee, that you have not been accessed. There is not reason that this would get you out of the ticket.

Sorry. Have fun paying.

EDIT:

The other thing is that if the cop really IS a slacker, he may not show up in court, in which case your case will be dismissed and that's that.

That would be the only way. claim not guilty or nolo without him being there, and you'll walk. Usualy they'll let you walk if he dont show up just to keep from wasting their time.

This post has been edited by D-Man: Jul 25, 2008 - 2:20 PM

[DEATH]

Jester? As in Poopra Jester? Randy is that you?

[Lazurus]

There is a way that has worked for my friends and I about half of the time to get out of a speeding ticket, it is time consuming and a bit shady but it has had success in the Vancouver/Portland courts before. You schedule a court date to plead and then just keep postponing it, after the 3rd time or so appear for your given date. Now remember I said postpone not just dont show up and if the cop is as lazy as you are assuming he may just not go. I personally tried this method twice and it worked the first time but not the second. Like I said earlier this is slightly shady but I hate to see someone get a ticket for 36 in a 30 *sigh*. GL and sorry to hear you got nabbed.

[SoDo]

Wow how many fees do they add? Funny how they not only waste ur time/money in court, but they also rape u for court cost etc... They should just be honest and say that they just want to rob you legally. Police = a business, not a service like its supposed to be. It's sad. I would plead not guilty. ***k the police!!! I would definately talk to the DA when u go to court. Mention something about the issue to him and see if you can work out a deal. Have you talked to any lawyers regarding this issue? Try to get free advice from a lawyer if you havent already.

[GriffGirl]

DA? Does a DA actually show up? What kind of slacker-ass loser failed his/her way through law school to become a DA in traffic court!

Here you just stand in line and wait to be heard by the judge. I don't think there's any actual attorney or DA or prosecutor at all. Just you and the judge and I guess the cop. But hey, what do I know, I've only ever gotten one speeding ticket, and that was like ten years ago when I got picked off for having NY plates in eastern Oregon.

[Lazurus]

Yeah Griff I know for a fact that for around us its just a judge and the officer that wrote you the ticket is suppose to be on hand or its thrown out of court.

[D-Man]

Ya'll must live in some backwoods ass country. Last time i was in court, there were 4 secretaries, a judge, some DA's, 5-6 cops, and 4 other mo'fugger's i had no idea what they were. They even had one guy designed to stand there and call names, like a host at a restaurant This was all JUST IN 1 ROOM!! not to mention all the other people running in the building. try getting out of a ticket with 6 cops standing behind you

[Spider77]

Yeah what everyone else says, if you feel like going to court, and the cop dosent show, it should be dismissed. Its up to them to provide the proof. Most people that I know dont go through all the troble, they just pay the fine. It does suck with all those added fees though. Glad my 80 in a 60 didnt have extra fees...220 was bad enough. On the good note if I dont get a ticket in Grapevine again withing three months from the date it dosent go on my record! GL with the ticket.

[JesterDC]

Really? The cop being slow is completely useless to me? The ticket says right on it "Please allow 7 days for processing before attempting to resolve this citation with the court." I had to wait almost 2 months before I'd even be able to do anything!

Also, I'm 18 almost 19, and technically, I have a clean driving record on paper because I've had one ticket from a wreck that was taken care of with Defensive Driving, and two speeding tickets, one taken care of with Defensive Driving and the other with deferred disposition. There are no points or anything on my license/driving record.

Jester? As in Poopra Jester? Randy is that you?

uhh, no, sorry

[Spider77]

Was doing some readin (cause Im trying to kill some time right now) and with the speeding and the stop sign, the cop could gave you a bigger fine. It looks like speeding was just 135 ( iguess the caculate the total) but running the stop sign (or rolling it, same thing though) is 165. So your kinda lucky in that part, one fine instead of two. Second there is this whole big thing about suspension of sentence and deferral...here is the link, there is too much to put on here. Pretty much some 180 day probation program and at the end they dismiss your case. You do have all kinds of options avaiable....just weigh them out, will going to court (w/fees and what not) be worth 135 dollars? And just cause the cop pposted it later than 7days...im not too sure if thats going to matter, as it got posted before the date was up (granted 3 days before...that does suck). They would probly ask why you didnt go in person, or call, or something....Still, search around the Harris county justice site and see what you cant find out. Times up!

[JesterDC]

Was doing some readin (cause Im trying to kill some time right now) and with the speeding and the stop sign, the cop could gave you a bigger fine. It looks like speeding was just 135 ( iguess the caculate the total) but running the stop sign (or rolling it, same thing though) is 165. So your kinda lucky in that part, one fine instead of two. Second there is this whole big thing about suspension of sentence and deferral...here is the link, there is too much to put on here. Pretty much some 180 day probation program and at the end they dismiss your case. You do have all kinds of options avaiable....just weigh them out, will going to court (w/fees and what not) be worth 135 dollars? And just cause the cop pposted it later than 7days...im not too sure if thats going to matter, as it got posted before the date was up (granted 3 days before...that does suck). They would probly ask why you didnt go in person, or call, or something....Still, search around the Harris county justice site and see what you cant find out. Times up!

Yeah, I think I'll just go in person to request Deferred Disposition for the stop sign and just pay the speeding ticket.

[JesterDC]

Any ideas how exactly you delay a court date? I'm having trouble finding information on this matter.

[GriffGirl]

Really? The cop being slow is completely useless to me? The ticket says right on it "Please allow 7 days for processing before attempting to resolve this citation with the court." I had to wait almost 2 months before I'd even be able to do anything!

Also, I'm 18 almost 19, and technically, I have a clean driving record on paper because I've had one ticket from a wreck that was taken care of with Defensive Driving, and two speeding tickets, one taken care of with Defensive Driving and the other with deferred disposition. There are no points or anything on my license/driving record.

Jester? As in Poopra Jester? Randy is that you?

uhh, no, sorry

Uh, that would not constitute a clean driving record. Just 'cause you went to jail doesn't mean you didn't commit the crime. Sorry, buddy. Looks like you're gonna have to pay up.

[Spider77]

Q. I was given a traffic citation. What are my options?

A. Pay the Fine. Prior to the appearance date shown on your citation, you may pay the fine for the offense with which you are charged. Most fine amounts are shown on the Uniform Traffic Notice. You may also find your fine amount using the "Find My Case and Court Date" feature on the Harris County Justice of the Peace Courts' website.

Fines may be paid online by using your credit card. Fines may be paid by mail in the form of a cashier's check or money order payable to the Justice of the Peace. Fines may be paid in person at the court with cash, a cashier's check, a money order, or with a credit card.

Enter a plea of "Guilty" or "No Contest." You may enter a plea of "guilty" or "no contest" and waive your right to a trial by jury, either in person or by mail, on or before the appearance date shown on the citation. You must pay the fine assessed on or before the 31st day after receiving notice of the amount of the fine.

Enter a plea of "Not Guilty." You may mail to the court a plea of "not guilty." The court should receive your plea of "not guilty" on or before the appearance date shown on the citation. You may also indicate if you waive your right to a jury trial.

Request Driving Safety Course or Motorcycle Operator Training Course Dismissal or Specialized Driving Safety Course for Instruction in the Proper Use of Child Passenger Safety Seat Systems. You may be able to require that your citation be dismissed by successfully completing the appropriate course. You will lose that right if, on or before your appearance date, you do not provide the court with notice of your request.......
Thats what I found....I think (keyword) that you have to enter a plea of "Not Guilty", set up a date, then postpone from there. I think. Im no lawyer, just a navy guy. Dont feel bad about 135 though, there are some guys who have 500+ tickets.

[CAMAricer]

Dude, I will share with you GOLD. Read it and be thankful.


http://ticketassassin.com/docs112383/forms.html


Seriously, you can "worm" you way out of tickets and fines rather easily IF!!!! you have some sort of legal claim to fight the charges with. And while I don't condone bad driving etiquette such as rolling stops and such...I hate racists/ignorant cops who give out bogus tickets more.

So here's hoping you can stick one to the MAN!

And him being so damn slow with entering that ticket just might help you win your case. You can argue that it is not reasonable to expect you to remember the details of these traffic offenses since they happened so long ago (6 weeks). It is would be unfair and unconstitutional to put a defendant on trial if he cannot properly defend himself. So by him waiting so long to do his job, he has placed you at a disadvantage of trying to recall the exact events of the traffic offense, therefore you would be excused of such offenses. This tactic is describe in detail in the link I provided.

This post has been edited by CAMAricer: Jul 26, 2008 - 3:32 AM

[lilgreenyoda]

Just because an officer doesn't show up does not mean that it will automatically get dismissed. My experience of fighting traffic tickets is that it flat out doesnt work. And I've been doing this for some time too. Whatever you chose to do is obviously up to you. Just my .02

This post has been edited by lilgreenyoda: Jul 26, 2008 - 1:02 PM