Question for LEO's on ticket technicality

[BlueHaya]

Is not having the fully correct type of license good for getting a ticket dismissed on a technicality? I have AM... everything else is correct. Cost is $199 plus fees. I'll pay to play...just have not had to pay in over a decade.


scene: going with the flow of heavy traffic on I-35 got picked out doing 77 in a 60. He had just finished a ticket as I topped the crest the last winner was just pulling off and he was already gunning for the next contestant....which I got picked and won

 

[CTA_Busa_LE]

I can't answer for Texas but here where I am at it won't get you out of it.

How heavy was traffic? Did you have cars around you and if so how many and what pace where they moving? What type of radar was used? Radar or Laser? Just a couple questions to give me a better idea of the situation.

 

[BlueHaya]

I-35 near downtown forth worth...busy 4 lanes 75% full.
Not sure on radar...if I would have listened to myself this am before leaving I would have had my Escort with me and it would have told me

I was in the left lane with a car in front of me and cars to my right and distanced behind me. I had just moved into the left lane from the right lane next to it as the car in front of me pulled out., as we crested he moved into the next right lane exposing me and opening my vision to the officer and the previous car on the inside shoulder.

He was on a bike...I was in my truck. I live 2 hours from this area.

 

[CTA_Busa_LE]

hmm, being in a truck makes it a bit tougher to defend. I was thinking you were on cycle which for a radar is a much smaller target than a car or truck. The bigger the target the easier to ensure what you have clocked with radar. If the officer used laser/lidar they are pretty much dead on and hard to dispute. Then at the end of the day it will depend upon the county, aggressiveness of the prosecution and the judge. All vary from area to area.

My recommendation would be to look into supervision or other programs to keep the citation off your record. At the end of the day supervision is safer bet as you know what you are getting and the cost is usually less than what you would pay for an attorney to fight the charge. If you hire and attorney you may still end up with conviction plus court fees plus attorney fees. Just my two cents on it.

 

[BlueHaya]

I wont fight it in court. Just wondering if that would be worht a suggestion to the judge.

Having a CDL leaves out driving course and other judification.

 

[PocketRocket]

I'd fight it!! I would never just pay, if they want it, have'em work for it. Even thou it might cost you more IF You lose... My friend was clocked doing 109 in a 45 in a car, TN trooper , I told him to fight it. he got an attorney ,POPO never showed up , They reset a court date again and no POPO.. they threw it out. So I guess it all depends on you and what you want to do..Its easy for me to say fight , I work part-time for 2 attorneys.

 

[BrianKesler]

In Fl if you fight it and the cop shows up, you lose and u pay a subpeona fee. The mistake of the wrong class of license will not get you out of a ticket here, not sure about there.

Go to court, plead no contest and ask for a withold of adjudication. Good luck!

 

[Pardini]

A suggestion to the judge is meaningless unless you plead not guilty. Years ago I went to traffic court for an uncorrected fix it ticket on my then ex employers big rig. It was funny watching 3/4 of the people plead guity with an explanation. WTF? You just pled guilty 'nough said. One chick said, Yeah I was going 70 but I never drove a car with a tach before, it said 35, had no idea I was doing 70 till I got pulled over. Gald I got pulled over 70 is too fast in a 40 zone. LOL

It's probaly worthwhile to go to court if you have the time, most cops won't show in court for traffic cits and it will be dimissed. By the way thats how most lawyers win their cases for you too.

 

[CTA_Busa_LE]

In most places that I am aware of the first appearance you plead either guilty or not guilty. If you plead not guilty then you request a jury trial or a bench trial and another court date is set. The officer is then notified to appear on that date. If the officer doesn't show you get lucky, if he does then it goes to either jury trial or bench trial, each party pleads their case and then you get a decision. I am not aware of anyplace where the officer is required to appear on the first date but then again each court and state is unique in its own special way.

 

[DR1300R]

If you wasn't a wise ass to the officer more than likely you can plead it down.. Anything over 15mph above the limit is a serious violation on your cdl license.. Also I have gotten traffic school since the new law has been in effect, I guess it just slipped through no one even caught it, you are not out anything to try..
and thats my .02.. Good luck in your decision..

 

[99'busa]

here the cop only has to miss 1 time. and i took a defensive driving class that got me out of a wreckless driving vialation (2x) Yes I was 17 at the time. Most were really drag racing incidents. good luck man but i'd just go to the court date and wait for him not to show. unless he was a real jerk he is more than likely to not show. especially since he is ticketing SOO many drivers. he aint gonna want to spend half his time sitting in court.

 

[MPH 200]

Get an attorney, I used one named Debusk there in Ft. Worth years ago.
Written for 99 in 55 I never even had to go to court.