Need Legal Advice Regarding Ticket

[EWMAN]

Out of curiosity, why is it that you will not show this ticket like you showed the last one? just exactly what was it that you were doing that got another ticket? what speed?

Your last ticket was set aside, and you evidently felt that it was nothing to be concerned about, you even stated that you would do it again. Now you are crying about another ticket, within the 90 day time period? You WILL get slapped with both tickets. Hopefully they will take your license away. Should have had enough control over yourself to keep it down, evidently your job and family do not mean that much to you.
I have had family lost to a person almost exactly like you. There is no recourse once someone is dead. No amount of saying you are sorry will bring that person back to life.

[2001ragtop]

I'm not sure if anyone mentioned this or not but in Texas:

1) you usually can choose "Deferred Adjudication" or deferred disposition. In this case you pay a pretty hefty fine (like 300.00 or 400.00), but you sign a form that says you wont get any tickets for the next 90 days for the same thing. you come back later to the court and drop off an official driving record and the points won't go on your license.

2) It sounds like you can't take defensive driving again, but in Texas, you can take defensive driving once a year (if the court offers it to you when you go to the court with your ticket) and after completion of the course, PLUS not getting any tickets for 90 days...then you are done. you come back 3 months later with proof you took the defensive driving course and you give them a copy of your driving record.

LOOK INTO THE deferred Adjudication or DEFERRED DISPOSITION. These options are GREAT in that they keep POINTS off your record but you will have to pay a much higher fine to the court, but in your case, this would be a great option.

3) AS FAR AS that ticket you have where the officer didn't fill in the SPEED. I have no clue what to tell you on that. I would just ask about Deferred Adjudication.

[Pain505]

Originally Posted by 2001ragtop

I'm not sure if anyone mentioned this or not but in Texas:

1) you usually can choose "Deferred Adjudication" or deferred disposition. In this case you pay a pretty hefty fine (like 300.00 or 400.00), but you sign a form that says you wont get any tickets for the next 90 days for the same thing. you come back later to the court and drop off an official driving record and the points won't go on your license.

2) It sounds like you can't take defensive driving again, but in Texas, you can take defensive driving once a year (if the court offers it to you when you go to the court with your ticket) and after completion of the course, PLUS not getting any tickets for 90 days...then you are done. you come back 3 months later with proof you took the defensive driving course and you give them a copy of your driving record.

LOOK INTO THE deferred Adjudication or DEFERRED DISPOSITION. These options are GREAT in that they keep POINTS off your record but you will have to pay a much higher fine to the court, but in your case, this would be a great option.

3) AS FAR AS that ticket you have where the officer didn't fill in the SPEED. I have no clue what to tell you on that. I would just ask about Deferred Adjudication.

Thanks for that. Is this just in Texas or can i do this also in New Mexico?

[Russell James]

I would first do exactly what the judge told you to do. Go talk to the officer.

You go to the police station and tell whoever is at the front desk that the judge in your case suggested you talk to the officer. Tell him you've been to court, you're doing the school thing... and can you possibly reduce this ticket, which may help me keep my job.

The worst he can say is no, then you get an attorney.

[Nessal]

Man, you need to slow the hell down. We were all once your age so we know it's HARD....but at least I only had 98hp to get in trouble with over 426hp. Maybe just get a civic for a while. It's weird how once we get older, we slow the hell down...

[Clustergear]

Originally Posted by Pain505

No, i did not argue with the officer at that time. What if the officer does not show up?

OK no argument so most officers will work with you.

Every state is different on how the system works.

If Officer is not working the time of the trial and his job doesn't pay overtime for court. Would you show up ?

If you are in court that day and officers is not. Ask the judge do to lack of prosecution could you dismiss the charge. Also let him know of any hardship ie I had to take a day off from work to be here or what ever.

Just be curious to judge, remember he has to listen to one BS story after another all day long.

[SILVERHAWK]

Originally Posted by Clustergear

OK no argument so most officers will work with you.

Every state is different on how the system works.

If Officer is not working the time of the trial and his job doesn't pay overtime for court. Would you show up ?

If you are in court that day and officers is not. Ask the judge do to lack of prosecution could you dismiss the charge. Also let him know of any hardship ie I had to take a day off from work to be here or what ever.

Just be curious to judge, remember he has to listen to one BS story after another all day long.

The officer will receive compensation to show up at court is he's not working its a job related function and has to be compensated....its wether or not he will be disciplined by his admin for not appearing that matters. Some departments don't regulate it, then there are depts like mine that suspend you if you don't appear usually 4 hrs or more.
I'm not giving up my money for anyone or any ticket. For an off duty court appearance its time and a half and there are minimums... usually 2-3 hrs paid just for appearing depending on the shift I am working. Who wouldn't show up for 15 minutes worth of work to make 3 hours overtime. These terms are widely used in FOP contracts... its either overtime or compensation time paid at time and a half. If the officer is working then he's already getting paid to show up and alot of depts will use a liason to contact the officer for court appearances.
That being said....its a gamble to see if the officer is going to show up, but you are correct, if he's not there the case will most likely be dismissed for lack of the witness.

[2010SLVRBULIT]

..and what happens after you get your 3rd and 4th tickets...?

[Pain505]

Originally Posted by SILVERHAWK

The officer will receive compensation to show up at court is he's not working its a job related function and has to be compensated....its wether or not he will be disciplined by his admin for not appearing that matters. Some departments don't regulate it, then there are depts like mine that suspend you if you don't appear usually 4 hrs or more.
I'm not giving up my money for anyone or any ticket. For an off duty court appearance its time and a half and there are minimums... usually 2-3 hrs paid just for appearing depending on the shift I am working. Who wouldn't show up for 15 minutes worth of work to make 3 hours overtime. These terms are widely used in FOP contracts... its either overtime or compensation time paid at time and a half. If the officer is working then he's already getting paid to show up and alot of depts will use a liason to contact the officer for court appearances.
That being said....its a gamble to see if the officer is going to show up, but you are correct, if he's not there the case will most likely be dismissed for lack of the witness.

I seem to have misplaced my ticket, what can i do to get a copy of my ticket, trying to find the officers name to try and get ahold of him. Or is there an easier way of getting in touch?

[rharp]

Originally Posted by Pain505

I seem to have misplaced my ticket, what can i do to get a copy of my ticket, trying to find the officers name to try and get ahold of him. Or is there an easier way of getting in touch?

Try speeding down the same road you got the ticket on, maybe you'll get lucky and meet up with him.

[67 Convertible]

Sorry, but i don't have alot of compassion for your situation.

You're worried about your job because it's in the automobile field, yet you continue to speed.

2 citations in less than 90 days, you get a pass on the first one if you can be good for 90 days.......you couldn't handle it.

Judge tells you to talk to the LEO about 2nd ticket, you have lost the ticket and don't have any idea who the LEO was? Not very important to you, but want advice as to what to do??

Sorry, but you need to pay big fines, lose your license for a few months, maybe you will wake up before you hurt or kill yourself or someone else.

Sorry, you were given a break on the first ticket and blew the pass they gave you. Having your license is not as important to you as you lead us to believe.

[Mr_Draco]

Originally Posted by Pain505

Thanks for that. Is this just in Texas or can i do this also in New Mexico?

It varies from state to state. In North Carolina if you ask for deferred disposition they send you to driving school. They are one and the same here.

Instead of asking us, you really need to do some leg work and go ask an attorney that specializes in this that knows your states and local laws. Most will offer advise for free.

[Clustergear]

Originally Posted by SILVERHAWK

The officer will receive compensation to show up at court is he's not working its a job related function and has to be compensated....its wether or not he will be disciplined by his admin for not appearing that matters. Some departments don't regulate it, then there are depts like mine that suspend you if you don't appear usually 4 hrs or more.
I'm not giving up my money for anyone or any ticket. For an off duty court appearance its time and a half and there are minimums... usually 2-3 hrs paid just for appearing depending on the shift I am working. Who wouldn't show up for 15 minutes worth of work to make 3 hours overtime. These terms are widely used in FOP contracts... its either overtime or compensation time paid at time and a half. If the officer is working then he's already getting paid to show up and alot of depts will use a liason to contact the officer for court appearances.
That being said....its a gamble to see if the officer is going to show up, but you are correct, if he's not there the case will most likely be dismissed for lack of the witness.

SILVERHAWK

You have a good contract. I was on the job thirty years and had a contract like yours. If off, traffic court was time and half min. 4 hrs even if only 15 Min's. of course they would try to schedule trial when I was working. When budgets got tight some new contracts for other Dept's stopped paying off duty traffic court OT and they would have on-duty Officer who was in traffic court that day negotiate other Officers tickets. Looks like dept's run the same way no matter what state you work in. Needless to say with this type of contract I spent a lot of time there.

[SILVERHAWK]

Originally Posted by Pain505

I seem to have misplaced my ticket, what can i do to get a copy of my ticket, trying to find the officers name to try and get ahold of him. Or is there an easier way of getting in touch?

Contact the court you will probably have to stop in and present them with ID to get a copy of the ticket.

Originally Posted by rharp

Try speeding down the same road you got the ticket on, maybe you'll get lucky and meet up with him.

BWAHAHAHAHAHAHA!!!!!!! that'll do it

Originally Posted by Clustergear

SILVERHAWK

You have a good contract. I was on the job thirty years and had a contract like yours. If off, traffic court was time and half min. 4 hrs even if only 15 Min's. of course they would try to schedule trial when I was working. When budgets got tight some new contracts for other Dept's stopped paying off duty traffic court OT and they would have on-duty Officer who was in traffic court that day negotiate other Officers tickets. Looks like dept's run the same way no matter what state you work in. Needless to say with this type of contract I spent a lot of time there.

The City is hurtin' like everywhere else but they aren't really excited about paying us standby time, they really don't want to pay us unless we are suited up and at court even if it would save them money in the long run. I guess this contract is the first time we may negotiate over going to a liason to take the pressure off the City attacking our healthcare. Don't get me wrong I like the overtime, but somedays its just nice to have your day off and sleep in.
Court appearances 2 hours after you get done working a 12 hour night shift absolutely SUCK! especially when you have to work another 12 hr shift that next night.
I used to think they scheduled my Court of Common Pleas (upper court/ AG controlled) appearances only when I had nightwork, but after talking with the ladies at the courthouse, its all computer generated by the type of case and the caseload on any given day. The lower magistrate court ( officer prosecuted unless its a DUI) is required to schedule cases when we are working. There are a few depts including the local State Police Troop that have a "call of the calendar" here for Magistrate Court like you mentioned (Senior officers acting as the prosecutor)..... we joined in it for awhile but apparently they determined that it really wasn't worth it. Anyway, thanks for your service Clustergear!!