Traffic Fines

Jury trial. You lie and deny. They know and nail you. Makes sense to
me. Bet if you'd have admitted it you'd have got off easy as well.

I don't think it's unreasonable. I see a lot of people skirt the law
when it comes to inspection stickers. They're playing a form of
roulette and when they get caught, they should pay. Dearly. Everyone
ELSE goes to the trouble of getting their vehicle properly inspected
those that don't need to be sufficiently spanked.

 

I agree.

 

X-No-archive: yes

So, if what you're saying is that it would work to dissuade the person
from doing the transgression a 2nd time, I agree.

 

LOL... Makes no difference whether you agree or not.. does it ? Any
position that you seem to assume is adversarial, isn't it ? Fortunately..
your positions all seem to limited to usenet and won't affect anything,
anyway..

 

That's really strange, Bill...
Constables traditonally serve papers and provide security for the
courts. I rarely see one write a traffic citation. Odd.

So what court has "authority" in regard to your ticket? Can you detail
the specifics. If they have a schedule of fees that violate state
maximums, I'd like to call someone's attention to this fact.

I'm guessing that you're accountable to a JP. My experience with JPs
has been mixed. JPs are elected officials and may have zero legal
background. They could be someone holding his/her first political
office - or they could be a retired law enforcement officer. JPs are
indemnified against judgement as a result of their actions. They are
accountable to a larger board of legal oversight, but there really are
no penalities associated with "misjustice". This means that the JP can
realistically do anything he/she wants within non-criminal bounds.

I've seen a JP rule against a defenent a in case that was clearly and
legally in the defendents favor.. This particular JP did so because of
personal prejudice. The judgement was overturned on appeal, after over
$1k in legal fees.... So you see where I'm going with this.

I've also seen JPs that are highly reasonable and give defendents great
latitude in presenting a defense.

Worst case - I'd take it to the JP with a copy of the applicable state
code. The assistant DA isn't going to cut you any slack - right or
wrong, they'll enforce whatever policy they're told to enforce.
The JP shouldn't be able to fine you more than the maximum + court
costs. If he does so, you can appeal - but the appeal is going to cost
you more than the ticket.

-d

 

Evidently this is a new phenomenon in Dallas county.. For the past few
months, I've noticed more and more of the constables cruisers on the streets
in Irving and Grand Prairie.. They are there to write traffic citations..
The citation he wrote my wife was in a school zone, well within Irving..
Surprisingly the jurisdiction for the ticket was in Grand Prairie.. I'm
given to understand that Dallas county constables now have a precinct in
Irving, which is also very new..

The constables precinct is in Grand Prairie.. Precinct 4.. The judge is a
JP..

If they have a schedule of fees that violate state

I haven't seen a schedule of fees.. The ticket has been pled to trial and is
set for March 17th.. If you'd like to visit that courtroom sometime, you
could see for yourself what is taking place, there.. I'd go with you, if you
like.. The state representative for this district has been advised and has
promised to look into the happenings in his district and to his
constituents.. His name is Ray Allen.. Not a lot of confidence there, but
we'll see..

I've had the same experience in JP court.. About all that can be done with
them is at election time.. Same with the constable..

While I was in his courtroom, I observed the same behavior..

The judgement was overturned on appeal, after over

That doesn't include the time invested.. That's where they've got the
ordinary citizen over the barrel .. They usually can't afford the time to
fight one of these things..

I've even had a couple who went to bat for me when I defended on in my own
defense..

That's for sure..

They got you on the money and the time as well.. We'll pay the fine,
whatever he rules.. The best that can happen is that he'll recognize the
circumstances of the expired sticker and cut my wife some slack due to her
impeccable driving record and personal history... The worst that can happen
is that we'll pay the full amount.. Then .. he can expect me to be waiting
in ambush, when him and the constable runs for re-election..

Thanks for your interest and input..

Your friend in Irving
Bill Walker

 

Just for the record.. and in response to Robert and you.. While I was in the
Grand Prairie precinct facility.. I watched while a couple of the tickets
were dismissed.. They were charging people a "dismissal fee"..

I encountered this little fiasco once before .. A few years ago, I
successfully defended a ticket in Ft.Worth municipal court.. When I learned
they would charge me a dismissal fee, I went back into the courtroom ..
explained to the judge that since she had dismissed the ticket, she should
require the officer who wrote it to pay any fees or administrative costs..
She agreed with me and waived the fee..

Your friend in Irving
Bill Walker

 

As you well know, I have established a pretty decent track record in
defending my tickets over the years..This one, incidentally, and I repeat
was gotten by my wife.. My responsibility was the oversight that caused her
to be driving a vehicle with the expired inspection sticker..

Dammit.. that sticker was expired and there just isn't a lot to be said in
that defense..

The excessive amount of the fine is my bone of contention and I am
determined that what I witnessed in the courtroom the other day, is no
semblance of any court of law.. Insult to injury is that the players in that
court were trying so very hard to project the image of "helping" those
people while they were ruthlessly raping them ..

Your friend in Irving
Bill Walker

 

Thanks to many of the problems we've had with Constables in the past, we're
now blessed with them being used for traffic enforcement. Believe it or not,
they even have a "quota" to keep on the number of tickets to write.

There's one Constable who goes into Renegade Cycles (Mesquite Texas...on Gus
Thomasson Road....I have to get a plug in there when I can <g>). He's a nice
man, and from what he says he'll ignore motorcycles unless they're doing
someone WAY wrong. He rides himself (a nice Goldwing). He also patrols doing
traffic duty and writing tickets. Anytime I go by him, I just keep it slow
and law abiding. Even though he said he'll ignore that black motorcycle, I
don't want to make it bad for him or put him in a position which might look
poor to others.

 

What completely baffles me is how it's a crime to withhold or not fully
cooperate with an investigation. There's nothing in the law which mandates
that investigators be honest and forthcoming with information to people they
are either investigating or using as part of an investigation. However, it's
very real jail time to not fully cooperate with investigators.

Two good examples are Martha Stewart and Susan McDougal(sp?). Martha Stewart
wasn't convicted of any securities crimes...she was convicted on not
cooperating and withholding information from investigators. Go figure! I
have to wonder if those same investigators gave Martha everything they had?

 

@@@@What completely baffles me is how it's a crime to withhold or not
fully cooperate with an investigation. There's nothing in the law which
mandates that investigators be honest and forthcoming with information
to people they are either investigating or using as part of an
investigation. However, it's very real jail time to not fully cooperate
with investigators.
Two good examples are Martha Stewart and Susan McDougal(sp?). Martha
Stewart wasn't convicted of any securities crimes...she was convicted on
not cooperating and withholding information from investigators. Go
figure! I have to wonder if those same investigators gave Martha
everything they had?
@@brian---
_________________________________
Yeah, but, the normal individual, is gonna
coOperate....why not? what's the point in not answering and showing
stuff, that an officer ask, standing along side of your vehicle.
Especially, when 99.7% of the time we know why we were stopped.
But, if you are somebody, like Martha, well.......she thought she didnt
have to answer to the law, on their terms. Those type (billion Air
heads) think differently than us norms. And 99.1% of the time they beat
the law using their terms.


<>Happy Holidays<>Bjay,.

 

For the past several months, Dallas county has commenced to use the
Constables for traffic enforcement.. As with the Sheriff's Dept. The
deputies patrol freeways mostly, but the Constables are patrolling streets
... Hmmm.. I suppose our municipal PD's aren't getting enough doughnut time
and are badly overworked..

My local Sears store and I have had much the same relationship for a number
of years.. I'd park my motorcycle next to the riding lawn mowers and such,
on the sidewalk.. Little or no pedestrian traffice and the bike was safe,
that close to an entrance to the store.. One of the gent's who patrolled the
area, decided that I shouldn't do that.. and told me to move the bike.. I
asked him "why" and he said something about motor vehicles on the sidewalk..
I excused myself and got the manager to come outside with me..

Then ..I told him to be sure and get me a good price for my motorcycle, if a
buyer should be interested... With all the other so-called motor vehicles
sitting next to it, the motorcycle seemed to fit right in..

The cop shook his head and walked away..

We were early enough that I moved the bikes and took up 2 parking

The one who gave my wife the ticket seems to be that same type of LEO..
During the court proceedings, I had a chance to observe the man without his
knowing who I am.. That's my own opinion of him, of course..

Your friend in Irving
Bill Walker