al

Got a ticket today fells and Im going to fight it this time because I was 100% not guilty. This is my first time doing this so I need to find a good lawyer. All the other times I plead no contest because I knew I broke the law but not this time. I pulled into the Burger King on 249 near N Houston Rosslyn on my way into work to pick up some food on the way in. As I left the BK I pull up to the red light at N Houston Rosslyn heading twards 45. Im in the Silverado by the way. I see a Trooper aproaching the light in my rear view and he changes lanes to get behind me. I figure he must be turning left just past the light because I was in the center lane. The light turns green and I go through the intersection. He pulls into the left hand turn lane so I asume he is going to turn left. Instead he pulls up next to me then slows down and gets behind me and throws on the lights. Ok so I must have a break light out...... No big deal I should check them more often. He aproaches the truck and ask how I was today and I said good just heading into work. He said the reason I pulled you over was because you werent wearing your seat belt. I told him I had it on since I left the house and didnt have any reason to remove it since I left. Anyhow he gave me a ticket and I was pissed because I had it on the whole time. He said I put it on when I saw him pulling me over. On the 2007 Silverado Classic the seat belt shoulder harness comes out the seat and not on the door post or roof like on most other vehicles. So from the rear view there is no way he could tell if I had my belt on or not. And from the side view it fits so tight around my shoulder and the door frame blocks the view of the belt. Man this is going to cost me alot of time and money for somthing I didnt do. I called the Manager at BK to see if he had video of me in the drive thru that you could see me wearing my belt and he was glad to help. I even offered him $50 and he said it wasnt a problem and the $50 would not be nessary. The recipt from BK said 11:25am and the ticket said 11:30am. Yea I know..... the fastest I have ever sceen a ticket issued after being pulled over. The manager at BK called me back with no luck. He said all you can see is the truck. Man this sucks. The Judge I will see is not a reasonable man from what Ive heard so I guess its trial by jury. Has anyone here ever represented themsleves for a ticket with a jury trial? Or is it just worth paying a lawyer to do it. Im sure there is alot of paper work the lawyer will handle. Thanks for any help fellas.

Al

By the way the Troopers name is W. Pham 11541 Region:2 District:A Area:01

DSIM

iTrader: (1)

If I was going to fight it, I would find me a Crown Vic (or whatever the Trooper was driving) and take pictures from both the rear of your truck and the side of your truck from the drivers seat of the 'police' car. I would then examine them and see if its even possible to see into your truck from the lower seat position of the car. If not, I would be pleading not guilty with a jury trial

al

Yea Im going to get my son to snap some pics this weekend. And yes he was in a Crown Vic looking across his passanger window into my drivers side window that hapens to have to have illegal tint. If I would have got a ticket for the tint I would just pay the fine because I know my tints not legal. Thanks for the advice DSIM

bigpat501

iTrader: (5)

sent you a pm

ggriffin59

iTrader: (7)

I've used attorney David Sprecher, 713-639-2600. However, since this is not a moving violation (on driving record), I would just pay it or fight it myself, as you seem inclined to do.

CRAGER

David Sprecher got a few of my tickets dismissed. One time it was multiple offense speeding and no front plate (non-moving violation). Both were dismissed but I had to pay like $20 court fee on front plate.

David Sprecher
2205 Montrose Blvd.
Houston, TX
(713)639-2600

...and I hear that he plans to retire soon so here is another great traffic lawyer that also works the surrounding areas of Houston David Sprecher does not:

Robert J. Barfield
Toucan Alley Building
609 Bradford Ave. Ste. 207
Kemah, TX 77565
(713)941-1329

..and Houston location:

Robert J. Barfield
2016 Main Ste. 102
Houston, TX 77002
(713)222-0550
(713)759-9577 fax

onspeed

iTrader: (3)

His dash cam should confirm/reject his claim that he saw you put it on later, no?

al

Onspeed I just checked back on this post because I just got a letter in the mail from Citizen Law Firm and found some bad reviews on them. And yes the dash cam sould show that I didnt grab for my belt when I was pulled over, but will they go as far as pulling up a dash cam file for a seatbelt ticket. Ill keep you fellas posted and refresh the post to the top after its all done. Going to give Dave Sprecher and another I had PMed to me and see what they can do for me. Court date is June 27. I wouldnt even try to fight the ticket if I was guilty. It just pisses me off. CRAGER if Sprecher has retired Im going to get in contact with Mr. Barfield. I see he has a location in Khema and Houston. The court I will be going to is in Spring on Cypresswood near Stubner Airline. Ill see if he represents clients out that far. I was suprised when I saw the court date was not set for downtown. I guess the State Cops use other courts.

v8sten

iTrader: (5)

Kenneth R Bradshaw
2201 Center Street
Deer Park, TX 77536

281-930-0744

He has always done me right, if it wasnt for him i wouldnt have a license right now

02CamaroSSLE

iTrader: (5)

Kubosh & associates law office (7019 Lyons Avenue, Houston,(713) 457-0176), got me out of two tickets cost $75 on one and $150 for the other but both were not in Houston or in Harris county. They are the law firm that fought the red light cameras.

slamkeys

I know this is a really old thread, but what ever happened here? I had the exact same thing happen to me today and I'm mad as hell and ready to fight it.

VIOLATIONS:
1. RIDE NOT SECURED BY SAFETY BELT-DRIVER (12-1-85) (#) (TXTRC-545.413 (A))sb, rs

Issued by: 11541 - PHAM, W. Region: 2 District A Area: 01

I think Trooper Winson Pham must have been trying to meet his end-of-the-month quota for traffic tickets (as suggested by my daughter). I was clearly wearing my seatbelt as I always do, and when he pulled me over I put my Yukon in park, turned off the engine, unbuckled and opened my driver's side door and turned sideways to confront the officer. He immediately gave me the same argument that it's not OK to put on my seat belt after I see him following me. WHAT IS HE EVEN TALKING ABOUT? It seemed (to me) like some kind of trick he plays so he can look for a more serious charge when he confronts you.

I asked him to review his dash cam footage which would clearly show me taking off my seat belt after I parked my truck because his car was pointing directly at the side of my truck because I pulled up into an abandoned quick mart in front of the gas pumps and he had plenty of room to position his car where his camera would get the best view.

He kept saying TELL IT TO THE JUDGE like he was in a bad mood or something. I honestly don't understand how he still has a job if he is willing to write tickets just to tie up the court system with innocent victims.

The bad news for him is I have video surveillance at my home that clearly shows me putting on my seat belt as I'm backing out of the driveway just minutes before he pulled me over. All I was doing was going to the bank to cash my check because Sunday is my 26th wedding anniversary, and I wanted to take my wife out for a day of shopping and eating.

I REALLY want to be able to request access to his dash cam, and told him I would subpoena the video because I am 100% innocent. He didn't seem to care.

I think this seat belt thing might be his little trick for trying to find drunk drivers. I found one Google hit showing that he had been rewarded by DPS for "apprehension of intoxicated drivers" here: http://www.yourhoustonnews.com/archi...26feec69b.html

I don't think the fine is very high ($154.00?) but this is about principal. I want to beat this aggressive Trooper for harassing innocent people just to further his own career. This is America. Innocent until proven guilty.

ZONES89RS

iTrader: (25)

If you are innocent it's BS. Best of luck, let us know how it goes. I really hate when some cops that are not 100% do the right thing types screw people over.

mikespeed95

iTrader: (1)

You should just ''protest'' it by vandalizing other's property who had nothing to do with your encounter with law enforcement, maybe even set fire to the Burger King to make sure the people there can't earn a pay check.

oscs

iTrader: (19)

You cant help but laugh at all the stupidity..

slamkeys

I sent a FOIA request for Trooper Winson Pham's dash-cam video via certified letter yesterday. We'll see how that goes. I imagine they'll try to charge me some exorbitant amount of money for the video in hopes that I can't afford it, but I will pay what I have to pay to get it.

I also talked to a clerk at the court house and told him my situation, and he told me I would need to setup an appointment with the DA to see if they'll even want to pursue this. I'm anticipating they'll want to dismiss after they see my evidence - it's very compelling. The only unknown is the dash-cam video, which I hope to have within 2 weeks if all goes according to standard practices for open records requests.

-----------

slamkeys

OK! The dash-cam video came in today and I picked it up for $3.00 at the DPS station. They didn't take cash, so I had to get a money order.

I put together a video that shows when I left my house at about 1pm (home surveillance video) and the trooper's dash-cam video from the traffic stop about 6 minutes later (2 miles down the road).

Watch the video and tell me who you think a jury is going to believe:

http://vid520.photobucket.com/albums...-seatbelt1.mp4

I'm feeling good about my case, but really - how many people are going to have this much indisputable evidence against this guy? I hope I get to talk to the DA about this.

codyvette

iTrader: (24)

While they will probably find you innocent, they will probably not do anything to the officer. They are not expected to be perfect. They are only there to present a case and let a judge/ jury decide the outcome. What I really think stinks is it will still end up costing you something. IE time, money, etc. We have the best justice system but it's still not perfect. Good luck to you.

78novacaine

iTrader: (2)

I have to ask, do you always look straight at your security cam before leaving the house? I just found it kinda funny to be honest, lol. But I do think you have a solid case.

audacious nick

There's an American flag in your yard, you win. Just don't burn it in protest between now and the trial.
And remember, you are innocent until proven guilty. Just make sure you get a jury trial and you should be fine.

Charlie Hustle

iTrader: (8)

I thought the same thing (about him looking at the camera) Lol