got pulled over (sort of) by a constable! help!
#1
got pulled over (sort of) by a constable! help!
ok so right after school im in the front driving past it and theres a light in the front and im stopped...a couple of friends tell me to rev my engine due to the whole itll whistle hella loud...and i hit the gas so it whistles when the light turns green...now a constable was standing there watching me..i wasnt going fast just you could hear it...i pull into the next parking lot across the street where our gym is at ready for track...and im halfway walking to the field when a coach yells for me and theres a cop car in the parking lot...so now im getting yelled at for going fast and "peeling" out in front the of the school. the cop was like 'yeah i heard it but i didnt see it' so the constable writes me a ticket for 'exhibiotionst (sp) of acceleration' now my friends say thats for showing off...does it count as a moving violation..im gonna fight it in court...ill tell them about whats wrong with my car...itll help right? and also the cop wrote "3:45 AM" on the ticket when it was near "4:30 PM" when he was talking to me..that would help me too right? sorry for the rant...this probably wont post anyways
#4
fight it, if he even wrote the wrong time, he has no credibility! how can he write a ticket if he is not even aware of the time.
explain whats wrong with the car, and that you dont have the cash to get it fixed yet. ( ) and that to get rid of whatever you have to rev a little, and by no means, did you peel out.
Dan
explain whats wrong with the car, and that you dont have the cash to get it fixed yet. ( ) and that to get rid of whatever you have to rev a little, and by no means, did you peel out.
Dan
#5
i didnt peel out...my car creates a whistle when i hit the gas to wear it is so loud it can be heard for probably about a mile away...and so yes i am getting it fixed..but i thought i just wouldnt mess with it until i get a whole new exhaust...and it keeps me from driving fast anyway...but the thing is i didnt peel out..the car created the whistle sound...thats what he heard and saw me...but thats about it and he did post 3:45 AM...ill scan the ticket tonight and show yall
#6
Originally posted by MistaPeerez
i didnt peel out...my car creates a whistle when i hit the gas to wear it is so loud it can be heard for probably about a mile away...and so yes i am getting it fixed..but i thought i just wouldnt mess with it until i get a whole new exhaust...and it keeps me from driving fast anyway...but the thing is i didnt peel out..the car created the whistle sound...thats what he heard and saw me...but thats about it and he did post 3:45 AM...ill scan the ticket tonight and show yall
i didnt peel out...my car creates a whistle when i hit the gas to wear it is so loud it can be heard for probably about a mile away...and so yes i am getting it fixed..but i thought i just wouldnt mess with it until i get a whole new exhaust...and it keeps me from driving fast anyway...but the thing is i didnt peel out..the car created the whistle sound...thats what he heard and saw me...but thats about it and he did post 3:45 AM...ill scan the ticket tonight and show yall
#7
Get a digital camera and go take pictures of the place where you allegedly peeled out - that'll show that there are no tire marks there. Take some from a distance showing the intersection signs and then close up too.
#8
this should be a link
http://community.webshots.com/photo/...68252734XcMPsN
if its not damn,...and try to make it large as possible to view the time
http://community.webshots.com/photo/...68252734XcMPsN
if its not damn,...and try to make it large as possible to view the time
#10
k its fix look up for the right link..or click here..
http://community.webshots.com/photo/...68252734XcMPsN
http://community.webshots.com/photo/...68252734XcMPsN
#11
Originally posted by MistaPeerez
i didnt peel out...my car creates a whistle when i hit the gas to wear it is so loud it can be heard for probably about a mile away...and so yes i am getting it fixed..but i thought i just wouldnt mess with it until i get a whole new exhaust...and it keeps me from driving fast anyway...but the thing is i didnt peel out..the car created the whistle sound...thats what he heard and saw me...but thats about it and he did post 3:45 AM...ill scan the ticket tonight and show yall
i didnt peel out...my car creates a whistle when i hit the gas to wear it is so loud it can be heard for probably about a mile away...and so yes i am getting it fixed..but i thought i just wouldnt mess with it until i get a whole new exhaust...and it keeps me from driving fast anyway...but the thing is i didnt peel out..the car created the whistle sound...thats what he heard and saw me...but thats about it and he did post 3:45 AM...ill scan the ticket tonight and show yall
Was Li'l Sis riding shotgun?
#13
A) a constable is an officer that goes to ppl's houses and delivers citations and warrants. Up until a few years ago they were not allowed to pull anyone over or even write tickets, but they do have the power now unfortunately. They rarely patrol like normal cops, but I've been stopped by a Dallas constable.
B) As far as the ticket goes, under Texas state law (I noticed the ticket said texas) if ANY information on the ticket is incorrect, even if he mispelled your name, wrote down the wrong street, or in your case, put down the wrong time, the ticket becomes NULL AND VOID. You can take this to a judge and get this ticket dismissed easily. The reason it is null and void is simply because of the simple fact that I doubt you were at that intersection at 3:50am, so you were not there to commit any violation, so the ticket is wrong. It is the responsibility of the officer to put down all the information perfectly. This is a great opportunity, trust me! I've had friends get speeding tickets dismissed because of incorrect information.
Hope this helped.
B) As far as the ticket goes, under Texas state law (I noticed the ticket said texas) if ANY information on the ticket is incorrect, even if he mispelled your name, wrote down the wrong street, or in your case, put down the wrong time, the ticket becomes NULL AND VOID. You can take this to a judge and get this ticket dismissed easily. The reason it is null and void is simply because of the simple fact that I doubt you were at that intersection at 3:50am, so you were not there to commit any violation, so the ticket is wrong. It is the responsibility of the officer to put down all the information perfectly. This is a great opportunity, trust me! I've had friends get speeding tickets dismissed because of incorrect information.
Hope this helped.
#19
Originally posted by MistaPeerez
is there anywhere i can find like a book or maybe print a page from the net stating that if anything is wrong it becomes void?? i really cant afford a point on my DL and my insurance
is there anywhere i can find like a book or maybe print a page from the net stating that if anything is wrong it becomes void?? i really cant afford a point on my DL and my insurance
What you could be looking for would most likely fall under an administrative heading, because of the court procedure aspect of it.
However, speaking from a lot of Louisiana experience, a small error on a traffic ticket is not necessarily a reason for it to be dismissed. This falls under a "good faith clause". Meaning simply that cops are human, and therefore can make small errors. If you contest the citation, most likely the cop who wrote it will be there to testify against you. If you or your lawyer contest the time, etc..., he can correct it on the stand. I'm not sure about TX, but in LA that is acceptable (getting back to cops are human and make small mistakes).
Most states follow the "good faith clause", meaning that the cop acted to the best of his ability, but errors can occur.
The movies have portrayed the slightest mistake in a court proceeding as a reason to have the case dismissed. This usually is not the case.
You can fight it on its merits. Or, to save insurance, you can talk with the DA or judge to have it reduced to a non-moving violation so there aren't points. That choice is yours because you know the exact circumstances.
Dave
#20
Nice post. I have to agree. They allow for this because traffic court is not "real" court perse and officers are allowed minor mistakes.
Originally posted by Dave Holmes
Try looking under state government pages. You can try this link for a head start: http://www.texas.gov/category.jsp?la...g&categoryId=8
What you could be looking for would most likely fall under an administrative heading, because of the court procedure aspect of it.
However, speaking from a lot of Louisiana experience, a small error on a traffic ticket is not necessarily a reason for it to be dismissed. This falls under a "good faith clause". Meaning simply that cops are human, and therefore can make small errors. If you contest the citation, most likely the cop who wrote it will be there to testify against you. If you or your lawyer contest the time, etc..., he can correct it on the stand. I'm not sure about TX, but in LA that is acceptable (getting back to cops are human and make small mistakes).
Most states follow the "good faith clause", meaning that the cop acted to the best of his ability, but errors can occur.
The movies have portrayed the slightest mistake in a court proceeding as a reason to have the case dismissed. This usually is not the case.
You can fight it on its merits. Or, to save insurance, you can talk with the DA or judge to have it reduced to a non-moving violation so there aren't points. That choice is yours because you know the exact circumstances.
Dave
Try looking under state government pages. You can try this link for a head start: http://www.texas.gov/category.jsp?la...g&categoryId=8
What you could be looking for would most likely fall under an administrative heading, because of the court procedure aspect of it.
However, speaking from a lot of Louisiana experience, a small error on a traffic ticket is not necessarily a reason for it to be dismissed. This falls under a "good faith clause". Meaning simply that cops are human, and therefore can make small errors. If you contest the citation, most likely the cop who wrote it will be there to testify against you. If you or your lawyer contest the time, etc..., he can correct it on the stand. I'm not sure about TX, but in LA that is acceptable (getting back to cops are human and make small mistakes).
Most states follow the "good faith clause", meaning that the cop acted to the best of his ability, but errors can occur.
The movies have portrayed the slightest mistake in a court proceeding as a reason to have the case dismissed. This usually is not the case.
You can fight it on its merits. Or, to save insurance, you can talk with the DA or judge to have it reduced to a non-moving violation so there aren't points. That choice is yours because you know the exact circumstances.
Dave
#21
Dave, good point.
It makes sense. I always thought the state would have laws just in case the cops made dumb mistakes. I'm just passin on the good fortune some friends of mine have had. If it works cool, if not, oh well.
It makes sense. I always thought the state would have laws just in case the cops made dumb mistakes. I'm just passin on the good fortune some friends of mine have had. If it works cool, if not, oh well.
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