Legal keywords

[Narcissus]

I am writing a letter for dismissal for a ticket I got (and did not deserve) back in December. Thursday marks 45 days from when I entered my plea and I have not even received a trial date yet. I keep hearing that within 45 days from the date the plea is entered, one should be attending trial. But, I can not find the specific code that states it as such.

So far, all I can find is the following:

"Texas-Code of Criminal Procedure-Chapter 32A-Speedy Trial
...
Art. 32A.02. Time limitations

Sec. 1. A court shall grant a motion to set aside an indictment, information, or complaint if the state is not ready for trial within:
...
(3) 60 days of the commencement of a criminal action if the defendant is accused of a misdemeanor punishable by a sentence of imprisonment for 180 days or less or punishable by a fine only."


So, if I understand that correctly, if that would apply, that would be 60 days from the day I received the citation. But, a minor traffic violation is not a misdemeanor, so surely there must be a code somewhere for lesser charges with a shorter time limitation to apply this right (like 45 days).

I just need some ideas for other keywords to search for that code. If anyone can help point me in the right direction, I would very greatly appreciate it.

I am using this resource (out of several):  www.tx-laws.com

 

[STUNNAH]

I don't have a clue as to what you could use to get to the info that you are seeking...In all my years in TN I have never known I defendant to use this sort of strategy...Our citations are written and allow for almost thirty days which in turn allows for the defendant to secure an attorney if needed and preparation of the court (case loads)...

You may need to just confer with an attorney (free consultation) and maybe you can pick up a key word from them...If you come up with something let us know...

 

[Narcissus]

By the way, what is a traffic violation called or classified as? Just a traffic violation or is there some other word?

 

[STUNNAH]

By the way, what is a traffic violation called or classified as? Just a traffic violation or is there some other word?

We use the Tn Code Annotated, Rules of the Road where traffic issues are discussed...

Maybe that's it...Have you tried anything close to that?

 

[Narcissus]

You may need to just confer with an attorney (free consultation) and maybe you can pick up a key word from them...If you come up with something let us know...

I will probably try that. I was actually hoping to go to trial and try my defense strategy, but if I can do this, it saves me a day and the gas going down to court (which is about 80 miles away).

If I find anything, I will post. Anything to help against unnecessary taxation.

 

[Big O]

In CA moving violations are classified as Infractions, maybe try that keyword.

In any case, it's sound like you were denied your right to a speedy trial due to inaction by the state.

 

[bacharles]

In CA moving violations are classified as Infractions, maybe try that keyword.

In any case, it's sound like you were denied your right to a speedy trial due to inaction by the state.

Damn Bren,


I'm no law professor or anything like that, but I was just gonna post the exact same thing you did. Oh well, I guess "GREAT MIINDS" do think alike. Scary huh?

Brian

 

[bacharles]

Oh yeah. Bren, I purposefully put the two "I's" in there just for you. I know that I can't even attempt to perform on your level without having "GENII" status.




Brian

 

[Narcissus]

OK, it looks like the 45 day thing I keep seeing is a California-only deal, based on California Penal Code 1382(a)(3). California is just a bit more specific than Texas.

In any case, I have eight days to wait instead of being able to do this in the next two. But, what are the chances of getting a letter to appear within the next five business days left? Hopefully, slim to none.

In any case, I am SO glad we live in the Information Age. Without the Internet and Google searches, I doubt I would have ever known any of this, I probably would have just paid the thing or done defensive driving instead of even planning a defense and choosing to fight.


BTW, here is an excerpt from a case (of many) I found. Ignorance of the law really is no excuse, it seems:

Nash v. Lathrop, 142 Mass. 29, 6 N.E. 559 (1886)

Every citizen is presumed to know the law thus declared, and it needs no argument to show that justice requires that all should have free access to the opinions, and that it is against sound public policy to prevent this, or to suppress and keep from the earliest knowledge of the public the statutes or the decisions and opinions of the justices.â€￾

 

[Nemesis]

You may have already tried this, but narrow your search to the keywords "Limitations" & "Statutes" or a combination therof.   Your absolutely right about trying to find the right keyword or phrase.  The info is out there, it's just buried under a myriad of legal/technical jargon.....Good Luck

 

[Mr. Busa]

I think you pretty much got it covered with the right to a speedy trial.

 

[STUNNAH]

I hope you don't get locked up...

 

[bacharles]

I hope you don't get locked up...  

Such negativity...

 

[STUNNAH]

I hope you don't get locked up...  

Such negativity...

Didn't mean to be negative or anything...I hope that he can defeat it...However, there is a certain amount of risk involved and if your willing to take it that makes you fair game...But if your plan backfires just be ready...That's all I'm saying...

 

[Narcissus]

The whole traffic system really is made to bank on general fear and ignorance of the law. Right or wrong, they just want their money. I am sure most here have had a ticket and on that ticket, did it have anything, anywhere about your rights, about the due process, limitations or anything else to help defend yourself? I am betting it only had three checkboxes, one for 'not guilty' with information on bail amount (if any), one for 'no contest' and one for 'guilty' both with convenient information to either take defensive driving, pay the fine or pay the fine plus more for 'deferred'. All the while you are thinking, "What if I lose? I need a lawyer, but they are too expensive. I will never win this... oh, look, I can take defensive driving." So, you still waste a day, instead of court, it is watching boring videos on drunk driving.

Whether or not I go to court, I am very confident the case will be dismissed. The odds are overwhelmingly in my favor. In fact, they are in the favor of anyone defending a speeding ticket because of one major flaw in the system, volume. It is just a matter of knowing the right words to say and the right questions to ask and knowing your rights under the law and the trial process.

"Do you have needed documents?"

"Uh, the defense was supposed to request those in the discovery process."

"Objection, your Honor. The burden of proof lies on the prosecution. The court date was today and the prosecution did not prepare. I request that this case be dismissed on the grounds that the prosecution can not prove that the speed measured was XX mph."

"Your Honor, we have 50 suckers, I mean people, waiting. I also recommend dismissal."

"Case dismissed, take this to the clerk for a refund of bail*."

*(if any, Texas does not require bail to be set for minor infractions)

It is unfortunate that the system is this way for the majority, making it so the masses are kept ignorant of the law. All we can do is research as much as possible and help keep each other informed.

 

[un4gvn]

i got out of a ticket for no helmet using the same defense
just asked the judge to dismiss at trial.
however,i had a court date that had been set after the legal limit ,showed up in court,and they never called my name on the docket.seems the sheriff had never turned in the ticket to the court.judge was pretty p o'd at sheriff