What can I do to defend myself against a speeding ticket?
I received a speeding ticket for going 51 mph in a 35 mph zone in Bexar county San Antonio on September 11, 2015 at IH 10 W access road at its intersection with Fresno Street. I was driving with my friend who was in the car with me and had just gotten off the highway and didn't notice the speed limit sign and assumed the speed limit was around 45-55 mph (most speed limits on access roads next to highways are 55 mph in San Antonio.) I had already made a safe and complete stop at a red light when a police officer who was on the road to the right of me ( I hadn't even passed him when I stopped at the red light) put his lights on and asked me to pull over which i fully complied at the time neither me nor my friend knew why we were being pulled over. He gave me a ticket for speeding and we were on our way.
I believe giving me a ticket was unreasonable because i had already made a safe and complete stop when he put his lights on and pulled me over also that I was slowing down
I was slowing down to comply with the speeding limit prior to him pulling me over. So long story short i believe i was complying to the law to the best of my knowledge and ability while keeping everyone around me as safe as possible and so I don't believe i should be ticketed?
I pleaded not guilty and will be be set to trial by jury. What can I do and say to defend myself? My friend who I was driving with will come with me to the trial so perhaps he be a witness?
- Anonymous5 years agoFavorite Answer
Since you live in Texas, you should be aware of a Legal show out of Austin.
Rule of Law listen to it at www_logosradionetwork_com (replace the underscores with periods)
Call that show up when they are live on the air and ask your question. Shows on most Monday Thursday and Friday nights starting at 8:03 pm. the phone number to call in is on the Listen page: Call in to speak on the air live at 512 646 1984
You should also take the step of going to the Sunday afternoon traffic seminar in order to prepare for your trip to court. Take family members or friends with you as well if you want. The Monday night show host gives the seminar at "Brave New Bookstore" near the University of Texas in Austin. Look it up and see if they have one scheduled this Sunday and attend if you possibly can.
bravenewbookstore_com 1904 Guadalupe St Brave New Books
Misdemeanor Traffic Court Procedure w/ Eddie Craig From Rule of Law Radio
You should call up or email to make sure they are having it this Sunday .. it's about 90 minute trip one way in your car to Austin. class is from 2 pm to 5 pm
The Monday shows deal with Traffic but you can take the step of calling tonight Friday as well and see if you can get some help as well. The Friday night, Rule of Law, show host knows plenty on the subject but prefers to let the Monday night show handle the traffic questions in general. Friday night shows, these days, often discuss legal issues with property and mortgages. Just call in if you can get on the line. Maybe they can get you started on learning what you need to do this weekend before you show up for the Sunday afternoon seminar. The more you know the better. Also check out the source material below I have links for you to listen to.
Police, courts etc. hate Rule of Law, legal show, because they teach people how to beat things in court, go after public servants that are breaking the law, their oaths etc., how to use their rights and learn the law. The phone call is free, call early or you may not get on, You can have your friends and family listen in with you and take notes and or record your call. There's also a free archive of past shows going back years available to you. Note: new shows usually aren't on the archive for about a week.
STATUTES, COPS, COURTS AND POLITICIANS USE THE SAME WORDS,
BUT A DIFFERENT DICTIONARY THAN YOU DO
Here's a short tutorial on legal word games played by cops, courts, politicians and attorneys:
A driver - in law = someone using the public road for hire, for commerce
An operator - in law = the same thing as a "driver"
a Vehicle - in law = something used in commerce on the public road, for hire.
Using any of those words in a statute, make it apply to "commercial activity"
DOUBLE SPEAK USED TO DEFINE "DRIVER", "OPERATOR" AND "VEHICLE" IN STATE STATUTES TO HIDE THEIR REAL MEANING:
Here's the actual definition in the Michigan state statute:
257.13 “Driver” defined. Sec. 13.
“Driver” means every person who drives or is in actual physical control of a vehicle.
HOW THE STATES MANAGE TO LEGALLY CONVERT PEOPLE TO FINE THEM UNDER SPEEDING LAWS A REQUEST FOR "LICENSE AND REGISTRATION" USED AGAINST YOU IF YOU COMPLY
States purposely hide the legal definition of words like "driver", "operator", "vehicle" If you look at the statutes, they say all sorts of things about "drivers" and "operators" and those people get fined. They use double speak when they use those words in the statutes to hide their real legal meaning. "A driver operates a vehicle" , "a driver is the same as an operator", "a vehicle is operated by a driver." (Is that really a definition? Using a commercial legal word in a definition makes it apply to commerce only. Commerce is something they have the power to regulate. Unless you were using the road "for hire" the cop didn't really have a reason to pull you over. However, if you turned over your "drivers license", 'registration", or proof of insurance, then that legally meant / converted you to being a "driver." Or saying in conversation with the cop that "you were "driving"" is also evidence. That's the reason the cops ask for those documents "first thing" at the side of the road: "License and Registration." They are looking to convert you to a commercial activity under the speeding laws. Something that they can regulate. (Don't ever trust politicians, police, attorneys, judge and court officers to always be looking out for your best interest.)
1) NEVER follow the directions on the back of the citation, such as to go on line etc. That's a trick for you to waive protected rights.
2) Get prepared to win in court before your court appearance.
3) Learn how to challenge jurisdiction, first thing in court. One must do that every time they appear before a magistrate. When you do that, the court is required to prove on record that they have jurisdiction.
4) Don't make a plea in a civil case. Know what to do ahead of time to not make a plea.
5) Read the Federal Rules of Evidence. Available on line.
6) Do not have an attorney represent you in court. They will enter a plea and there's nothing for you to do about it. They are afraid of the judges since they can prevent them from working at that court. Entering a plea is one tactic the court uses to prevent people from appealing the decision later. Attorney's go along with it, because they can hide the fact from the clients, knowing that they won't have to do any work later to appeal a decision makes their job easier.
7) You have more power in the courtroom representing yourself than an attorney has. But you must prepare before hand to win.
8) FREE resource: Listen and or call in to a legal show that deals with this stuff Rule of Law on www_logosradionetwork_com they have live call in shows on most Monday, Thursday and Friday nights starting at 8 pm central time. Monday shows deal the most with this subject.
9. Represent yourself in court as a Pro-Se. Consider taking the Jurisictionary Course, how to win in court. jurisdictionary_com Also, consider purchasing the material from Eddie, one of the hosts on Rule of Law Monday shows. If you wish to win then you need to know how to handle court procedures and file motions etc. That material will help you quickly to come up to speed. taoOfLaw_wordpress_com is another site you should visitSource(s): http://tinyurl.com/TrafficStopPracticeScript http://tinyurl.com/CrossExaminationPracticeScript This mp3 details how a woman kept cops from getting her license. There's a reason they need it handed over and they spent hours trying to get it. http://mp3.logosradionetwork.com/ROL/16k/ROL_2013-...
- SteveLv 45 years ago
Ask the court, ahead of time, for a deferred adjudication. You'll pay the fine but keep it off your record. Or take a traffic class.
Many attorneys advertise in Texas on billboards that they take care of the ticket for as little as $45. They go to court once and represent dozens of cases in the judges chambers all at once.
Google Texas traffic defense
- 5 years ago
You are neither a lawyer nor a police officer, and you have no idea what you are talking about. You just admitted that you were speeding, which is the only thing that matters - no one's obligated to give you a break just because you feel like you deserve one. Pay the ticket.
- William MLv 55 years ago
You were doing 51 in a 35. You were speeding. The cop doesn't have to take into account your driving ability afterwards.
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- Anonymous5 years ago
You were speeding. You admit it. What's to defend. You can go to traffic court, but the judge isn't going to care about anything you just typed here. You're guilty. Pay the fine, move on.
- KLv 75 years ago
Brainless f*cking moron. Yeah, that'll go down really well with the jury. "Well, there was a sign, but I WASN'T PAYING ATTENTION AND DIDN'T SEE IT, so obviously I should be let go!" HA!
- Anonymous5 years ago
apparently you don't know that ignorance of the law is never a defense..........and a right on answer from "Billy T " !!!