2002B4CCamaro

iTrader: (4)

Ok, I just wanted to see if I might have a case to fight here, or if I should just throw myself on the mercy of the court and beg for help.

I was traveling on Hwy 21 east of Madisonville heading west (its a 2 lane road). 2 Large Hot Oil trucks were infront of me, running about 55 or so, throwing crap at my car. I get an oportunity to pass and I get on it, pass both trucks, and get back over. As I slow down, the second car in line for on coming traffic is a Madisonville City police officer. I knew I was toast. I pulled over even before he could slow down and turn around. He pulls in behind me, makes me get out of the car and stand behind it.

He then calls a Highway Patrol officer. That officer handled the ticket and everything from then on.

On my way home 2 days later, I noticed that where I got pulled over was out of the Madisonville city limits. Was the city cop out of place to pull me over? Did he have any right? Also, the Hwy Patrol officer wrote the ticket, put my aledged speed and his radar gun calibration. HE DIDN'T EVEN CLOCK ME! He got there 7-10 mins later! Can I ask for the Video Tape of the Hwy Patrol officer to prove that he didn't clock me?

Do I have any reason to fight this? I am willing to pay the fine and all, but I want to keep my clean record so all I want is Defered Ajudication. Think I have a chance?

I was speeding, alot, but it was to pass trucks, not to just haul ***. If yall could help in ANYWAY, that would be great.

Kevin

Brandon Boomhauer

iTrader: (10)

They have a leway (spelling...) outside of the city limits, although they can't patrol, they can pull you over out there. It is some bullshit that the H.O. gave you a ticket, considering he didn't see you commit the "crime" and that he radared you, which youknow isnt true.... If that were the case, the city cop wouldn't have interferred.

I'd see if you could find a decent traffic lawyer in your area, and you'll probably get it dropped, or knocked down to something small, and meaningless..

DesertFox

iTrader: (2)

If you started/were passing the trucks inside Madisonville then the townie could have issued you a ticket, even if he didn't catch up to you until you were outside the city limits. As far as this ticket sounds I would get a traffic lawyer, it sounds like you were justified in speeding, and might be able to convince a judge that "by exceeding the speed limit you limited the danager to oncoming traffic". or something like that. Or you could just take defensive driving and not worry about it.

Do you go to school at A&M? And live in DFW? I ask b/c I do, and I used to take that route to and from school. Now I take HWY 6 to Waco and it saves me about 20 miles and about an hour, hour and half worth of traffic.

Josh

Texas TransAm

Yeah, the officer can stop within their ETJ (extraterritorial jurisdiction). The problem is that officer aren't supposed to enforce traffic laws (class c misdemeanors) outside of their city limits. Calling the Trooper to handle the citation was the right thing for him to do. Basically he was acting as a citizen reporting a crime. There is a new law that will go into effect in September that address this.

This will be an easy one to win...Set a court date and request a jury trial. The HP trooper and the city officer will have to show up and testify. The probablility of this happening are slim. If they do show up, the HP Trooper will have nothing to testify to other than what the city officer told him. See how this can get screwed up?

If you go this route I would definately brush up on your court room skills and know what your talking about when you question the officer and trooper. I would hit the officer with calibration records, radar certification etc. etc.

OR:

You can request defered adjudication

OR:

You can hire a lawyer.

I personally like to argue with people so I would go to court and take my chances.

Good Luck

Reject

iTrader: (24)

I love that, argueing just to argue, just pay it off and go to defensivedrivingonline.com
I did that and didnt even go to court or have it put on my record. I stand clean to this day, not one speeding ticket or anything like that, the best thing about that website is you can finish it in about 6 hours in one day if you really put er to it. then they'll mail you a certificate and then take it to the office, they'll mark it and presto you done, no more coart or anything like that, that's if you plea guilty (which you have already stated done so already)

Texas TransAm

That statement can't be farther from the truth, I just hate when cops get carried away with their authority and nail people for frivolous ****. For a cop to stop someone and then call someone else to write him a ticket because he was out of his jurisdiction is kind of drastic. I would understand if it were a DWI or some sort of reckless driving charge, but speeding? Yeah, I'd argue against that any day!

2002B4CCamaro

iTrader: (4)

I apprechiate the help guys, but Defensive Driving is not available. Too much speed.... Over 25 over. Yikes! But I do think I will just ask for deferred. How does this sound?

I was in the wrong, I know I was. I don't want to bring this to court, but I think I might have a decent case to have the ticket removed. All I am requesting is to pay the full fine and go on Deferred Adjudication for as long as you see fit your honor. The only reason I am doing this is because I am on my fathers insurance and he is retired and I would hate to cause him an increase in insurance premiums due to my mistake.

Thanks again guys!