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MONTANA25 · 03-08-2011, 04:43 PM

Got a traffic citation back in Oct. Three charges are 1. failure to yiled right of way, 2. improper change of lanes, 3 failure to display license plate.
OK I got the ticket and fully admit to it. Went to court the next week to see if... I could wheel and deal and get offenses dropped or reduced.
1. Failure to yield was place on differed adjudication
2. Improper change of lanes was dismissed with a cort cost of $10
3. Failure to display licence plate was dismissed and showed proof that license plate was mounted correctly.
So long as I dont get a ticket for 90 days in their county all offenses are removed from record so I think I'm good to go. So instead of $750 dollars in fines I get by with a total of $187 of differed adjudication court cost. I'm fine with that.

Last Friday I get a letter in the mail saying I have a warrant for my arrest. I called the City Marshal's office to see what offense is and they say its for Failure to display license plate. When I told them that this was dismissed back in Oct they said they have no record of that.
I went Monday to clear it up with my receipts for the differed adjudication and the pictures of proof my license plate was mounted properly.. Different judge and they were having some kind of warrent roundup in place so in the end, the judge did not care what I had to say or show. unless I could find the outher judge and he remembers dismissing the fine he had to go with what is shown. So I had a choice. 1. Leave with an outstanding warrant. 2. Pay $250 dollars in fines. 3. Ask for a trial.
I am now going to trial June 4th with my lawyer June 14 for some stupid bullshit that should have been dismissed. We are asking for dismissmal of charges, Court cost and warrant cost paid, Lawyer fees paid by court and fees for time and days missed of work which total 3 days.
In the end I'm having to pay my lawyer to do something for me that should have been dismissed back in october or even dismissed when I went in monday but I guess the judge had so many to look at with the warrant round up goind on he didn't have time to here my case. Hopefully after my lawyer talks with the prosecuters they will just dismiss this, but i'm still out lawyer fees if they dont add his cost to the dismissal.

blaktygre · 03-08-2011, 09:13 PM

Dont you just love bexar county?

tribalneo · 03-08-2011, 10:08 PM

Damn that sucks!

Precious_b · 03-08-2011, 10:17 PM

Blak, that is the City of San Antonio.

Bexar County is a whole different bag of donuts.

oldtiger · 03-09-2011, 05:47 AM

Reminds me of the outstanding warrant letter I received. When I went to clear it up, they couldn't find it in the system. This went on for something like four years....

MONTANA25 · 03-09-2011, 06:30 AM

Oh there the Court!! They're never wrong! Assholes!!!

Master Vader · 03-09-2011, 08:41 AM

That really sucks. What pisses me off about the courts is even if you're found inoccent you still have to pay fees and parking and on top of the the time missed from working having to take care of it. All while the people, judge or peace officer, that put you in this predicament walk off with no fines or punishments of their own. My time is just as valuable as theirs. I understand that if they are held liable for mistakes then certain crimes will increase but when they're flat out obvious mistakes or "I just want to fuck up your day" type of cases then why not hold them liable?

MONTANA25 · 03-09-2011, 09:50 AM

Exactly! I'm wasting my time and the courts time for a trial that consiste of the charge "Failure to Display Liscense Plate Properly" ! What a fucking joke!!

camodeuce · 03-09-2011, 10:37 AM

Quote:

Originally Posted by MONTANA25

I'm wasting my time and the courts time What a fucking joke!!

Exactly! Welcome to my world pal.

Rakhir · 03-09-2011, 11:15 AM

I had a situation this past summer where I received a ticket for speeding which I deserved. Went to court only to discover I had a warrant out for me dating back 15 years. It just so happens I remember the particular incident well because I argued my case if front of a judge and won my argument.

I told the judge this and he said he didn't care. So I told him to have a clerk go look up the records. His answer was that was before they were computerized. I informed him I would wait and I owned that spot on the docent right then and he should send a clerk to the old courthouse to find those paper docs. He was furious but did so and I sat there and tied up his court room for about 3 hours while my case stood in limbo.

I made a call to a buddy of mine and asked him to swing by my house and grab a file from my filing cabinet. (I save every piece of business I have ever had legally and have a specific traffic fine file. In this I had records of this dismissal and a full transcript of the court proceedings and docket) This is a great habit to to have. Kind of was drilled into me by my parents.

My friend came back to the court with my file and I patiently waited for the clerk to return and read my book. The clerk did finally come back and the judge asked me to approach and said the records were incomplete and I would have to pay the fine. I informed him that mine were not and put them down in front of him and lo and behold I had the same judge with his signature on the dismissal! I made sure I spoke in a calm but clear voice and proceeded to ask why he was unable to maintain his records in a professional manner and how I was being penalized for his mistake?

Needless to say it was handled there in my favor and some rather embarrassed apologies were made and I made sure they were done publicly. He even dismissed the ticket I was guilty of as I had spent my day down there and lost wages. Oh and I made sure I brought that up!

My purpose in this is to tell you to make them produce the records and/or if you feel you have a strong case ask for a jury trial. This will also put the previous' judge's behavior under very close scrutiny as well. Believe me.. they don't like that sort of thing!

Guest083013 · 03-09-2011, 11:55 AM

...as you and I discussed last evening ===> there is something about hoarding some specific items..

funny the subject of Statute of Limitations did not enter into your conversation with the Judge???

Have a good day

MONTANA25 · 03-09-2011, 02:15 PM

Rakhir. Awsom story! I saved ever piece of paper and showed the judge that day and they didn't even want to look at it. I have asked for a jury trial. In the end I still think this is completely rediculous!

Likinikki · 03-10-2011, 10:47 PM

Wow, I'd be a tad upset!! Well, this just means something good is going to happen to you! Have a better weekend!

Rakhir · 03-10-2011, 11:06 PM

Yes I did raise the statue of limitations issue but had much more fun in knowing I had the means to embarrass the court.

And I think a jury trial would be a wonderful thing in this instance for the same reason!

latinalover · 03-11-2011, 02:18 PM

Rakhir your my new hero! ive been actually taken to jail about 3 times in 20 years here for tictets that where taken care of, i even showed an officer my paer work i leave in my glove box for years on tickets. the cuffs went on anyway