Question about pushing back a ticket?

Thread Tools
 
Search this Thread
 
Old 04-29-2012, 06:41 PM
  #1  
TECH Resident
Thread Starter
iTrader: (4)
 
SnIpEz's Avatar
 
Join Date: Sep 2009
Location: League City, TX
Posts: 979
Received 13 Likes on 13 Posts

Default Question about pushing back a ticket?

So to avoid making this super long, here's the deal. I got a speeding ticket February 22nd this year and I plead Not Guilty, and my court date is set for May 2nd, Tuesday. What is the legal term and way of going about getting the ticket pushed back by a couple of months? I know you can do this several times before they make you fight it. I had a ticket over a year ago and hired James Mallory (You DFW guys know who I'm talking about) and he pushed it back for almost a year, but I know all he did was basically **** I could have done on my own. Anyone wanna help me shed some light on what that is called and how I go about it? Do I just call up the Municipal Court in Roanoake and tell them I need to reschedule this or what?

Yes, I sound stupid for having to ask lol, but I'm not terribly experienced in this matter. Thank you!
Old 04-29-2012, 08:10 PM
  #2  
Banned
iTrader: (60)
 
thesource's Avatar
 
Join Date: Mar 2005
Location: Adkins - Tx
Posts: 2,693
Likes: 0
Received 0 Likes on 0 Posts
Default

You will probably still need to appear in person on the date to request a reset date on the trial. Lawyers are going to get different treatment than you will because the courts know they know what they are doing and you don't know ****.
Old 04-29-2012, 08:24 PM
  #3  
TECH Addict
iTrader: (28)
 
Cam72aro's Avatar
 
Join Date: Feb 2006
Location: Sugar Land, Tx
Posts: 2,137
Likes: 0
Received 1 Like on 1 Post

Default

May 2nd is Wednesday.
Old 04-29-2012, 08:58 PM
  #4  
Launching!
iTrader: (31)
 
Rob's 02 SS's Avatar
 
Join Date: Sep 2006
Location: Mexico
Posts: 269
Likes: 0
Received 0 Likes on 0 Posts

Default

You have to go to court and request a rest. They usually Will only push it back a month.
Old 04-30-2012, 10:18 PM
  #5  
TECH Resident
Thread Starter
iTrader: (4)
 
SnIpEz's Avatar
 
Join Date: Sep 2009
Location: League City, TX
Posts: 979
Received 13 Likes on 13 Posts

Default

Do I have to give a reasoning for the rest? How many times can I do that? Do I just call them up and say "Uhh yes hi, I would like to get a rest on my case?"

What if, and I seriously mean this, the person on the phone has no idea what I'm talking about, and I don't have any other way of explaining it because honestly, I have no idea what it is lol
Old 04-30-2012, 11:49 PM
  #6  
TECH Junkie
iTrader: (21)
 
5w20's Avatar
 
Join Date: Oct 2003
Location: Houston , Tx
Posts: 3,419
Likes: 0
Received 0 Likes on 0 Posts

Default

Why do you not want to face the music?
Old 05-01-2012, 03:29 AM
  #7  
Launching!
iTrader: (7)
 
SuperSam's Avatar
 
Join Date: May 2004
Location: Dallas, Tx
Posts: 248
Likes: 0
Received 0 Likes on 0 Posts

Default

I would just get a traffic attorney, save ureself the headache.
Old 05-01-2012, 06:51 AM
  #8  
Teching In
 
acertx's Avatar
 
Join Date: Sep 2005
Posts: 10
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by SuperSam
I would just get a traffic attorney, save ureself the headache.
This!

Pay the $50 or so and get a lawyer which will just about for sure get it dropped.
Old 05-01-2012, 08:00 AM
  #9  
TECH Apprentice
iTrader: (1)
 
svg210's Avatar
 
Join Date: May 2009
Location: San Antonio Tejas, TX
Posts: 329
Likes: 0
Received 0 Likes on 0 Posts
Default

You have to read the lower area of the affidavit you recived with your original summon. In most jurisdictions you're allowed to ask for continuation 72 hours prior to your appearance.
Old 05-01-2012, 08:01 AM
  #10  
TECH Apprentice
iTrader: (1)
 
svg210's Avatar
 
Join Date: May 2009
Location: San Antonio Tejas, TX
Posts: 329
Likes: 0
Received 0 Likes on 0 Posts
Default

With a reasonable excuse though.
Old 05-01-2012, 05:06 PM
  #11  
Banned
iTrader: (60)
 
thesource's Avatar
 
Join Date: Mar 2005
Location: Adkins - Tx
Posts: 2,693
Likes: 0
Received 0 Likes on 0 Posts
Default

Yeah they will usually only grant one reset. I would tell them you are not ready to go to trial on it and still working on the case. Basically you are going to tell them you are not ready to confer with the prosecutor in the case. Most of the time, they will reset it for a month to 3 months later. I have had them do it up to a year later when I have fought traffic tickets in the past.
Old 05-01-2012, 05:17 PM
  #12  
TECH Fanatic
iTrader: (38)
 
Super-Bat's Avatar
 
Join Date: Jun 2009
Location: San Antonio, Tx
Posts: 1,281
Likes: 0
Received 1 Like on 1 Post
Default

Stop speeding n00b.
Old 05-02-2012, 07:58 PM
  #13  
TECH Apprentice
iTrader: (1)
 
svg210's Avatar
 
Join Date: May 2009
Location: San Antonio Tejas, TX
Posts: 329
Likes: 0
Received 0 Likes on 0 Posts
Default

^dont tell me you've never speed bro? LOL

OP, If you dont mind me asking, how much were you speeding over the limit? For future references you can also try paying the fine online and pleading "No contest" let the judge decide, 90 percent of the time the precincts or municipalities just collect the fines and dont forward the case to the judge. It really depends on the violations speeding 10 percent or more the posted speed limit will likely net you 2 points. Depends on how the Narc issues the citation.
Old 05-02-2012, 08:11 PM
  #14  
TECH Resident
Thread Starter
iTrader: (4)
 
SnIpEz's Avatar
 
Join Date: Sep 2009
Location: League City, TX
Posts: 979
Received 13 Likes on 13 Posts

Default

I was cited going 83 in a 65.

I asked for them to delay it, so they rescheduled it for May 16th... That is much too soon for my liking, so I will definitely do what svg210 suggested above and say I am simply not ready to confer with the prosecutor. Someone in here said that's called a continuation right? I believe that was the word that was slipping my mind regarding the original question. I'd ideally like to be able to push this off as much as possible, then when I can no longer put it off anymore I'd fight it and ask for a jury trial. I highly doubt Denton county would want to waste their time with it and dismiss it. If not, and they actually go through with it, then ****, they earned my money lol. I did this with a ticket from well over a year ago recently and when I requested a jury trial many of them at the court house tried to dissuade me from it and make it look lik a bad option, two prosecutors, the bailiff and the judge. I went ahead and said I'd like the trial and the prosecutor threw a mini temper-tantrum in my face when he and I were in private and I wouldn't take his deal.

Needless to say, it was dismissed
Old 05-02-2012, 08:49 PM
  #15  
TECH Apprentice
iTrader: (1)
 
svg210's Avatar
 
Join Date: May 2009
Location: San Antonio Tejas, TX
Posts: 329
Likes: 0
Received 0 Likes on 0 Posts
Default

Jury trials are pricey bro. If you are found guilty you are going to have to pay the court costs. If I remember correctly speeding over 15mph is classified as reckless and disqualifies you from defensive driving.
Old 05-03-2012, 12:27 AM
  #16  
TECH Fanatic
iTrader: (38)
 
Super-Bat's Avatar
 
Join Date: Jun 2009
Location: San Antonio, Tx
Posts: 1,281
Likes: 0
Received 1 Like on 1 Post
Default

Originally Posted by svg210
^dont tell me you've never speed bro? LOL
Sure I have. But when I get ticketed I don't cry about it or try and scam the court systems to get out of it.
Old 05-03-2012, 03:25 AM
  #17  
TECH Resident
Thread Starter
iTrader: (4)
 
SnIpEz's Avatar
 
Join Date: Sep 2009
Location: League City, TX
Posts: 979
Received 13 Likes on 13 Posts

Default

Originally Posted by svg210
Jury trials are pricey bro. If you are found guilty you are going to have to pay the court costs. If I remember correctly speeding over 15mph is classified as reckless and disqualifies you from defensive driving.
Yes they are, it's definitely a gamble. I think I may have to feel this one out and see how much I can get this pushed back. If I can get it pushed back to at the very least August, then I would consider it. Before then, I feel it would be too soon.

Originally Posted by Super-Bat
Sure I have. But when I get ticketed I don't cry about it or try and scam the court systems to get out of it.
Whose crying? Of course you don't try to do anything about it, you're a criminal justice major, you're all into following the law and whatnot. Besides, I'm not scamming, I'm just using the rights and privileges entitled to me to fight a ticket that a cop had the right and privilege to bestow upon me.
Old 05-03-2012, 06:35 AM
  #18  
Teching In
 
98blueSS's Avatar
 
Join Date: Dec 2005
Location: League City
Posts: 20
Likes: 0
Received 0 Likes on 0 Posts
Default

The longer you push it back and leave the case open for no reason the less likely the prosecutor is to work with you. 9x out of 10 in speeding cases if the cop shows up your screwed anyways.
Old 05-03-2012, 02:16 PM
  #19  
On The Tree
iTrader: (4)
 
whitesmokels1's Avatar
 
Join Date: Aug 2004
Location: Greenville, Texas
Posts: 132
Likes: 0
Received 0 Likes on 0 Posts

Default

What's the deal with people whining over tickets lately? I read the same threads over on CF. You broke the law and now you are held responsible; pay the ticket and go on with life. If you can't afford it, now you know to follow the laws. The old saying "You must pay to play" comes to mind.
Old 05-03-2012, 10:37 PM
  #20  
TECH Resident
Thread Starter
iTrader: (4)
 
SnIpEz's Avatar
 
Join Date: Sep 2009
Location: League City, TX
Posts: 979
Received 13 Likes on 13 Posts

Default

Originally Posted by 98blueSS
The longer you push it back and leave the case open for no reason the less likely the prosecutor is to work with you. 9x out of 10 in speeding cases if the cop shows up your screwed anyways.
Yeah, this is true, but I guess I just got lucky last time because the cop did show up lol. They marked it as "insufficient evidence". I don't really care about working with the prosecutor though as I will attempt a jury trial if possible. The prosecutor told me originally that I was not entitled to a jury trial because of being under 25 or some bullshit, and I almost believed her but then I asked if I could make a few phone calls first about that before I made a decision and she back peddled immediately. Needless to say, 20 minutes later I had my papers for the date of my jury trial.

Originally Posted by whitesmokels1
What's the deal with people whining over tickets lately? I read the same threads over on CF. You broke the law and now you are held responsible; pay the ticket and go on with life. If you can't afford it, now you know to follow the laws. The old saying "You must pay to play" comes to mind.
Oh get off the high horse bullshit, seriously. I can afford it, but I'd rather not pay it if I don't have to. If all you have is some of that same old preaching **** about following the law and what not, then leave the thread. Go take your sermons to the other threads in this section about people taking their cars to "Mexico" or who post up videos of their street races.



Quick Reply: Question about pushing back a ticket?



All times are GMT -5. The time now is 09:41 AM.