Texas traffic law

Narcissus

Narcissus

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Does anyone know where I can find the forms for obtaining the 'discovery request' (forms asking the prosecutor for radar calibration records, officer's notes, etc.).

Yes, I got a ticket in which I was tagged along with another rider based on what I consider circumstantial evidence (several seconds behind, stuck in traffic, took the same exit to stop at a gas station where we were stopped, exact same speed cited and officer admitted not obtaining a lock on radar). Unlike the few past experiences, I will fight this one and I need to be prepared. So, if anyone has any information that can help, please post. Thank you.
 
Goto a Law School Library, look around for the statute section. If you cannot find a Texas form book there, ask someone for a book (or series of books) on criminal discovery in Texas. A comparable series title for Ky is the Kentucky Practice Series. They have form language for the requests. Note, there are also standards of the requests that may or may not also be in the form, such as notice of hearing, service, styling etc.

If you really want more info, e-mail me.

Gar
 
Narcissus,

You should be able to find the info online...Maybe look at Texas Traffic Law...

Good Luck...
 
I've been looking too long. I find everything on the process in California, though.
tounge.gif



Has anyone gotten this book:

http://www.beatmyspeedingticket.com/index.html
http://www.beatmyspeedingticket.com/order.htm


I want to make sure I am 100% prepared for this (unlike previous times). It really boils my blood seeing how they intimidate one into simply paying or taking a DD course, but nowhere is the process outlined. Criminals have more rights and resources available.
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Anyway, I do not want this to turn into 'political' discussion, I just need information.
 
Let me talk with my wife tonight....you know she's a cop here in Texas. She should know.....I'll get with you later.
 
Well...I just talked to her about it....she said you're screwed. Really now the only thing you can do is fight it in court...you can ask all of these questions in court, but she said you should have a good reason to ask....."TX counties have to calibrate their equipment every so often....different for diff. counties, and some after every stop"....didn't really understand. But, for what it's worth...she said next time to "ask to see their radar certification". Don't know if I would wanna do that though...might piss somebody off. I'll talk to her some more tomorrow....she was going to sleep.
 
I'm looking through this and I am finding it is actually bad for my defense to ask for this ahead of time. The burden of proof, after all, is on the prosecution. I am seeing a lot of BS defense 'advice' though.

I was stopped with another rider who was travelling faster (passing a car at the time) and that I was blocked by traffic. I never even saw the trooper until he pulled up behind us at the station (being very rude, I might add). I know my 'word' alone will not hold up in court. The court has heard all of the excuses already and I am not about to spend days pouring over legal and technical documents trying to find some legal loophole or try to discredit the officer in court (which will only serve to irritate the judge and officer and land me a guilty verdict that I honestly do not deserve).

Right now, however, I am curious if I can have a trial by declaration (done through mail) and ask for dismissal as can be done in California. I like the idea of having two separate chances at proving my innocence (or should I say, having them not be able to prove my guilt).

The only 'technicality' I see is that the bike was described as black, where I could just as easily say (and prove) it was white
biggrin.gif
, but again, that is playing on discrediting the officer, of which I do not wish to do (another untried urban legend).
 
Narcissus,

I didn't want to go full circle in this thread, but basically your screwed...

In TN the radar units are certified from the factory and an officer is to check the internal calibration with a tuning fork before and after each traffic stop...Here the officer is not required by law to show a locked in radar speed either...In order for a citation to be issued the officer must first have observed the said vehicle speeding and estimated the speed that estimate must be within 5mph plus or minus of what is indicated by radar...So in other words a radar unit does not stand on it's on...

I would suggest if you have the opportunity to attend a Defensive Driving Course that would be the route to go...In most cases the actual citation will be dismissed if you attend and complete the course, therefore it would not count against your driving record...

Traffic citations are difficult to defend and your correct about angering the judge which would only worsen your case...:14:
 
If anything like around here sometimes just showing up will work. If the trooper does not show up are they are busy they will bargain. Best of luck.
 
I know they do not have to show the radar and I know the officer can easily lie or omit certain truths in court and still be believed in court. I am not going to seek calibration reports, as I have seen suggested. That would be banking purely on the probability that the equipment had not been tested at the time of the citation. However, I think I have found a perfectly valid and legal defense (that does not rely on probability of technicalities) that will work. I have enough time to study my option. I have to try.

It still gets me that this type of system exists here, which preys on those ignorant of the process of laws and basically ensures that defendants are guilty until proven innocent. But, that is an issue I do not wish to discuss further at this point. I will fight this, and appeal if I must. One way or another, I want to ensure that justice prevails over the law. I only wish more people would fight the system instead of submitting to it and I wish I had fought previous citations, myself (I mean no offense, either).
rock.gif
brave.gif


When the trail date comes, wish me luck.
cool.gif
 
One thing to remember Narcissus is terminology, remember I used to be a cop so I will share just a tad bit of info because I trust you and I know that you are honest. There is a difference in having a unit calibrated and checking the calibration. Most agencies send their radars off every year to have them calibrated, they are put on a waveform or oscilliscope and aligned to spec. Now for checking the calibration means that the officer used tuning forks and checked the calibration, all radar units come with at least two tuning forks, ususally 35mph and 65mph, just as you would expect a tuning fork puts off a frequency and when struck an audible sound can be heard, and when placed in the path of the radar the frequency can be read by the radar and the unit should display the correct mph on the unit as is stamped on the tuning fork. Most agencies require the officer to test the calibration at the beginning of each shift. As far as there being two bikes, find out what make and model radar the officer used, you have that right and then find out if the unit is designed to track multiple targets, and if it can differentiate between targets... If there were cars around most radar will pick up the largest object, motorcycles are difficult to get a lock on when in traffic for that reason... Next I would ascertain in court if the officer wrote you both and was wanting the courts to sort it out, the judges usually love that comment. Find out if the officer observed the radar, had audible tone, and that he was able to beyond a reasonable doubt visually determine that both bikes were traveling at the same speed. Pin him down on that fact, it takes all of these in court....... In other cases its been set that the officer does not have to know how the device works, just that they have been trained on how to operate it, next ask for the officers training certificates for radar and speed detection.... Also request the maintainace records for the radar. I could go on for hours but I will stop here, go in prepared and you can beat this, dont settle, if you lose appeal to district court... If it was a municiple citation then request a jury trial they hate that..


Captain
 
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