fasttagurl

iTrader: (12)

What is the correct way to submit and/or file some Exhibits (pictures) of evidence that defends a speeding ticket that we are pleading "not guilty"? We are representing ourselves, no attorney, and we have good evidence. I believe what we need to do is file a Motion to enter the Exhibits as evidence, correct? The DA/City of Arlington would not tell us the correct procedure except, "It's found in the Law Library". Any help is appreciated. Thx.

(Ticket was given for going 65 in a 40 within .10 of a mile, from a red light stop, in a V6 truck pulling a car on a trailer = not physically possible)

ulakovic22

iTrader: (12)

Call the court and ask them. Any evidence that you were stopped at the red light? Should probably get evidence on the radar gun as well. All in all it's easier to just get a lawyer. Wouldn't hurt to get video evidence showing your truck can't get up to speed that fast loaded.

03Sssnake

iTrader: (20)

nothing pisses off a JP more than a "citizen" representing themselves

thesource

iTrader: (60)

This is the damn truth!!!! The clerks are just as happy as a pig in crap when they think you are paying the fine. Once they figure out you are pleading not guilty and wanting to actually use your right to a fair trial, they turn on the b!tch switch. Been there and done that way too many times........

fasttagurl

iTrader: (12)

Yes, we know how "bad mannered" and "careless" gvmt workers are, but we have enough evidence and smarts not to need a lawyer for this one. (He works on cop cars at his job, and knows how everything works! ) We have color photos, vehicle specifications, towing numbers, a speedo that shows .10 mile, etc. and also know that when they zap you with the radar gun, it's always not guaranteed that your car is the one they clocked - it CAN pick up the speed of a car around you. It was not at a red light or photo enforced camera, it was from a turn lane to get on the service road.

ulakovic22

iTrader: (12)

Were you coming off the highway to get on service road or were you on a side street turning on the service road to get on the highway?

fasttagurl

iTrader: (12)

Side Street to Service Road from a red light stop. We were staying on the service road to get home.

thesource

iTrader: (60)

Just ask the clerk what procedure is required to enter pics or other evidence into the case. JP courts kind of make up their own rules depending on the judge.

GreatWhiteZ28

iTrader: (15)

Im not sure if anything has changed, but when I got a ticket from a Trooper for "excessive acceleration" and speeding (75 - 35) that I did not do and had proof via video on 2 different cameras, I just brought the two cameras with me as well as photos from the drive I was pulling out of showing no Black marks what so ever.. No I was pulling out of a gravel driveway onto the main road in town in my Z, following a friend of mine in his Bagged truck that we were gonna get some rolling footage of, and while I was pulling out, a kid directly across the street pulled out of a parking lot like a bat out of hell, cop was around a 45* bend on the other side of the heavy tree line, and gave me the ticket, whole time the cam was sitting on my dash and recording from the time I cranked up the car all the way to the end of me getting the ticket...Cop was very abusive verbally with me and that was also on the tape...showed up to plea my case, JP asked if I had any evidence that I would like to submit to help my argument, and I said yes, gave her the tape, popped it in her lil VCR and and unhappily dismissed my ticket, and had a nice lil convo about this troopers behavior on how he handled the whole thing

Grimlock

iTrader: (5)

Would be nice if you shared the video here with us sir?

Were your front wheels off the ground like your signature when you passed him? .

SPEEDYws6

iTrader: (9)

If you are going to use a diagram or pictures I would let the judge know you would like to use them when you testify. The clerk may take it and enter it for you.

So when it comes your turn to testify you say "Your honor I ask that this photo be marked for identifacation as exhibit #1" Show it to the prosecutor or the officer and then hand it to the clerk. And do so as needed with each item as it becomes needed for your testimony.

You must personally take photos or videos you plan to use as evidence, or the person who took them must be there to testify where and when it was taken.

Each judge is different... Some are very by the book formal, and you have to word things correctly, while others are very laid back and will basically do things thier own way.

I would also submit a motion for discovery, to gain access to the DA or officers notes. This can usually be done at a pre trail, if you don't get a pre trial it must be submitted by mail. If you don't get a reply in 3 weeks you need to go to court and make a pre trial motion and ask the judge to order the police to release the notes to you. If all else fails you can submit the motion on the day of trial, but I would submit a motion for dismisal on account of prosocutions failure to provide discovery.

purple_lean

Get a lawyer. Don't want to screw yourself on some minor technicality.

TexVette

iTrader: (2)

Agreed. File a Request for Disclosure to see what they have. There's two books in the law library called Tex Criminal Codes Plus and Texas Rules of Evidence. Should be able to guide you thorough this pretty easily as far as evidence and discovery. Good Luck!