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Pulled over for stop sign in Texas-- 10pts!!!?
Here are the basics: I am 39. Male. Live in Texas. I drive a 1990 Ford Ranger.
On Friday night (actually Saturday morning) at almost 2:00 am I left my house to take some clothing to a friend. I live in a subdivision in a rural area. As I was leaving the subdivision I came to a complete stop at the stop sign before turning left. (A couple of hours earlier, while coming home, there were a couple of DPS officers pulling cars over so I was being a little more careful.) Anyway, I came to a complete stop and one DPS car that was approaching from my left was about pass by. I waited for him to pass and he drove away on my right. On my right side, I could see his buddy in another DPS car pointing towards me with his exterior lights off parked about 1/10 mile away. I looked left again and then proceeded to go. The parked DPS car came up fast behind me. I had my seat belt on, all my lights were working and my driving was very controlled and within legal limits. The DPS officer commenced in pulling me over. I put on my blinker and complied. I pulled over bewildered to why I was being pulled over. The officer claimed that I had ran the stop sign. I immediately, but politely, objected to the charge. I explained that I had to stop or I would have collided with the other officer who was going the other way. Then I pointed out that I saw the other officer park across the street from him. I also mentioned that I saw him (the one pulling me over) parked across the street. I pointed out the fact that I was very much aware of my surroundings and this awareness is the result of a complete stop and observation before proceeding. He didn't argue the point at all. In fact, he seemed a little taken back by the fact that I objected. He looked at my inspection sticker and registration sticker as he asked for my license and insurance. Here's the real kicker. My license had been suspended for an old traffic ticket. He asked me to step out of my truck so I did. He then went to his car to run my information. When he returned he gave me a ticket for "invalid license" and told me to go back home. He mentioned he could have arrested me for this, but he would just give me a ticket instead. He also showed me where he gave me a warning for the stop sign. Just minutes away from my house, I went back home.
Here's the question:
If he had not pulled me over for a bogus charge of running a stop sign then he would not have given me a ticket for the other. Is there a way I can fight this ticket? If his dashboard camera shows me stopping completely then would this ticket not infringe on the fourth amendment?
Any serious help would be greatly appreciated.
6 Answers
- ChetLv 79 years agoFavorite Answer
You can have a jury trial of any criminal charge in Texas. Class c traffic is a criminal charge. Some states do not allow a jury trial for "minor infractions". Baldwin v. New York. The Texas Constitution makes it mandatory to have a jury trial for all charges.
This would be considered "fruits of a poisonous tree". Any evidence found after an illegal search or seizure is not admissible.
http://en.wikipedia.org/wiki/Fruits_of_a_poisonous...
The hard part would be getting a judge to declare it an illegal stop. Then you can always appeal.
To get the dash video (if it does not magically disappear) you will have to file a motion of discovery. This allows the defendant to see the evidence against him.
- SippaLv 49 years ago
In California, we can't pull people over simply to check license status, unless, of course, we had previous knowledge. You can always challenge a traffic citation. If the judge rules that the probable cause for the stop was not justified (stop sign), then the suspension ticket should not be upheld... at least that is the way it goes out here.
By the way, why are you driving if your license is suspended. You are taking a risk because, yes, you could have been arrested for that.
Source(s): 19 years on the job in California - Lindy OenlyLv 49 years ago
are you seriously going to stand in front of a judge for what will be at least 3 court appearances and upwards of 6-7 hours of your life over the course of 6-8 weeks to debate the fact you were driving on a suspended license?
sure, you can probably get out of the ticket, if the dash cam video is still available when you contest the ticket but what are you going to do if it is not?
just pay your ticket and get on with your life
- NeilLv 79 years ago
No.
His camera would not show you stopping. It also wouldnt show you blowing through the stop sign. It's not recording all the time. It goes on when he puts on the flashing lights.
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- Anonymous9 years ago
Sounds like the cops there are real pricks.
- ?Lv 79 years ago
No you can't..
Source(s): ....I am a retired police officer. I retired as a sergeant, after 29 years, from a very large department, about 12,000 officers. I was a patrol officer for 4 years in a very diverse area. I was a tactical officer in the high rise project areas of my city. We called it vertical patrol in that we walked the the stairways of the high rises most of the time. I did that for 5 years and was promoted by test to detective. I worked violent crime (homicide, sex, officer involved shootings, robbery, kidnapping, serious non property incidents) for 11 years until I was promoted to sergeant. I worked as a street supervisor, a bicycle patrol supervisor and a desk sergeant/watch commander. During my time as a tactical officer and a detective I was a unit representative for the police union. I have a B.A in English and an M.S. in Law Enforcement Administration....
