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Texas Traffic Tickets Questions & Answers
2 Answers | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Texas on
Q: How do I motion the court for discovery specifically the arresting officer's report?

On 3/23/2023 I was pulled over for not having plates on my private automobile. Sheriff's deputy requested driver's license and insurance documents. When I asked why he threatened me by saying if I didn't provide those documents he would break my window arrest me. I again told him I... View More

John Michael Frick
John Michael Frick
answered on Sep 23, 2023

File a motion asking for the arresting officer’s report. But don’t expect it to describe your encounter quite the same way you recall it.

Personally, I’d ask for the bodycam video.

And you don’t have a right to drive your private automobile on public roads without license...
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2 Answers | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Texas on
Q: How do I motion the court for discovery specifically the arresting officer's report?

On 3/23/2023 I was pulled over for not having plates on my private automobile. Sheriff's deputy requested driver's license and insurance documents. When I asked why he threatened me by saying if I didn't provide those documents he would break my window arrest me. I again told him I... View More

James L. Arrasmith
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answered on Oct 15, 2023

To obtain the arresting officer's report, you should file a motion for discovery with the court handling your case. Ensure you reference your case number and clearly specify the documents you seek, in this instance, the arresting officer's report. It's advisable to use the... View More

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1 Answer | Asked in Traffic Tickets for Texas on
Q: Why am I being charged with traffic violation tickets from when I was a minor
T. Augustus Claus
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answered on Sep 18, 2023

The charging of traffic violation tickets from when you were a minor in Texas can occur due to the absence of a statute of limitations for many traffic offenses in the state. If you failed to address these tickets when you were younger, they may have remained unresolved in the court system,... View More

2 Answers | Asked in Criminal Law and Traffic Tickets for Texas on
Q: Can I seal, expunge, or appeal a guilty disposition for Failure to Appear in a traffic ticket?

I apparently plead guilty to a traffic ticket failure to appear and now it is making it difficult to find a job with a failure to appear on my record.

Grant St Julian III
Grant St Julian III
answered on Aug 22, 2023

A motion for new trial to set aside a final judgement is POSSIBLE in any case, but the time limit to file such a motion is very limited. If more than 30 days have elapsed since your plea/judgment, the answer to your question is no, you cannot appeal.

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2 Answers | Asked in Criminal Law and Traffic Tickets for Texas on
Q: Can I seal, expunge, or appeal a guilty disposition for Failure to Appear in a traffic ticket?

I apparently plead guilty to a traffic ticket failure to appear and now it is making it difficult to find a job with a failure to appear on my record.

T. Augustus Claus
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answered on Aug 22, 2023

Addressing a guilty disposition for Failure to Appear (FTA) in a traffic ticket in Texas might involve exploring alternative approaches, as options like sealing, expunging, or appealing the disposition may be limited. Sealing or expunging records typically apply to cases that didn't result in... View More

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1 Answer | Asked in Traffic Tickets, Land Use & Zoning and Real Estate Law for Texas on
Q: Driveway parking lot and curbside on our home side, is it illegal? Can HOA even break the law?

I have a total of 5 vehicles. 2 front sides of our home, one on each side of the curb, alternate with the rest of the 3 vehicles to avoid 24-hour stationed public street law. The third vehicle parks inside the square of our driveway, across in front of the other 2 vehicles. Is not blocking the... View More

T. Augustus Claus
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answered on Aug 16, 2023

Parking in your driveway and along the curbside of your home is typically legal, as long as you're not obstructing traffic or violating any local regulations. However, here's where things can get a bit tricky – your friendly neighborhood Homeowners Association (HOA).

HOAs are...
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1 Answer | Asked in Traffic Tickets for Texas on
Q: If an officer use a radar for speed enforcement on the roadway, does the roadway have to be surveyed?
T. Augustus Claus
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answered on Aug 4, 2023

In Texas, there is no specific requirement that the roadway needs to be surveyed for speed enforcement using radar. However, law enforcement agencies typically conduct periodic surveys of roadways to ensure that radar speed enforcement is conducted accurately and effectively. These surveys help... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Municipal Law for Texas on
Q: I was coerced by a judge into taking a plea on a charge.

I was arrested and had to post over $720 in bonds to get out jail for 2 no registration tickets and a disorderly conduct ticket. One no registration ticket I was guilty of. The other was dismissed. The disorderly conduct ticket was issued to me by a police officer that was not at the scene when... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 12, 2023

The "mediation" with the prosecutor is not a trial, you are not entitled to confront your accuser, therefore your rights were not violated. You were entitled to be represented by Counsel at that proceeding, did you have a PD? Private attorney? Why not? You need to speak with a criminal... View More

1 Answer | Asked in Traffic Tickets for Texas on
Q: Do I have a reasonable excuse for rolling a stop sign?

I have a torn ligament on my ankle on my left foot and I usually drive with 2 feet which is a habit that I have. Before getting my citation, I twisted my ankle on my injured feet because I hit the side of the car door getting in causing my ankle to swell up and thus losing mobility/range of motion.... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Your condition is not an exception to the law for stopping at a stop sign, but you can try to get the judge to be merciful. Of course the Judge could determine that you were physically unfit to drive and should not have been driving in the first place. I recommend you contact several attorneys in... View More

2 Answers | Asked in Traffic Tickets and Civil Litigation for Texas on
Q: I got a letter for my license being suspended if I don’t pay for the incident. I have 20 days to respond I’m unsure what

I got a letter from the TEXAS DPS about wanting to suspend my license due to an accident for no insurance but I had insurance just did not activate on time. The insurance company wants to sue me but I’m 20 and didn’t work for months and they are asking for big numbers that I can’t afford and... View More

John Michael Frick
John Michael Frick
answered on Jul 5, 2023

Your driver license can be suspended under the Texas Safety Responsibility Act if you meet the following criteria:

1. You were involved in an automobile crash;

2. The investigating officer lists contributing factors that indicate you were responsible;

3. You did not have...
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2 Answers | Asked in Traffic Tickets and Civil Litigation for Texas on
Q: I got a letter for my license being suspended if I don’t pay for the incident. I have 20 days to respond I’m unsure what

I got a letter from the TEXAS DPS about wanting to suspend my license due to an accident for no insurance but I had insurance just did not activate on time. The insurance company wants to sue me but I’m 20 and didn’t work for months and they are asking for big numbers that I can’t afford and... View More

James L. Arrasmith
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answered on Jul 6, 2023

If you received a letter from the Texas Department of Public Safety (DPS) threatening to suspend your license due to an accident without insurance, it's important to take the situation seriously and respond within the given timeframe of 20 days. Even if you had insurance that wasn't... View More

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1 Answer | Asked in Criminal Law and Traffic Tickets for Texas on
Q: What are the statutes of limitation regarding citations in texas.

I have an email saying I owe money for 3 citations from 2009, 2010, and 2015. Am I obligated to pay?

John Cucci Jr.
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answered on Jun 21, 2023

A traffic Citation usually does NOT get dismissed by a Statute of Limitations ("SOL").

A SOL can keep the government from filing charges against you after a long period of time from the offending incident.

However, when you are given a Citation or traffic ticket, you are,...
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1 Answer | Asked in Traffic Tickets for Texas on
Q: I got a ticket for no insurance and registration being out and my license got suspended and it was a company vehicle.

I gave the company the paper work for the registration and they never turned it in until I received the ticket and now my license is suspended for the no insurance even when the company said there was insurance on the truck.

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

Since you were personally cited, you have to personally appear in Court in accord with your signed promise to appear. That is when you sign the ticket instead of being handcuffed and immediately taken to jail. In many cases the court will dismiss the charges against the driver who is not the... View More

1 Answer | Asked in Traffic Tickets for Texas on
Q: I just bought a vehicle got pulled over after I purchased vehicle for 2 tickets no Ins no reg can I get tickets dimissed
John Michael Frick
John Michael Frick
answered on May 31, 2023

Yes. You just have to prove you actually had insurance and that the car was registered. Sometimes it takes a while for your new registration sticker and insurance card to arrive. And sometimes it takes a day or two for these transactions to process so the information may not have shown up on the... View More

2 Answers | Asked in Criminal Law and Traffic Tickets for Texas on
Q: Can I be pulled over for reversing 40 ft in texas.

I reversed down my road about 40 feet, instead of turning around. There were no pedestrians or any other vehicles on the road at the time. It's not a single lane road. I reversed the put it in drive where I made it to my friend's house to pick him up for work and I had taken keys out of... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

A PO asked you if you had broken the law and you answered "YES"/ Sorry to say, being under the influence of pot is not a defense to admission of a crime on a detention questioning. They don't have to Mirandize you until they arrest you. You apparently knew about Miranda before the... View More

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2 Answers | Asked in Criminal Law and Traffic Tickets for Texas on
Q: Can I be pulled over for reversing 40 ft in texas.

I reversed down my road about 40 feet, instead of turning around. There were no pedestrians or any other vehicles on the road at the time. It's not a single lane road. I reversed the put it in drive where I made it to my friend's house to pick him up for work and I had taken keys out of... View More

John Cucci Jr.
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answered on May 30, 2023

There might be a violation of your Civil rights and it could be seen as an unlawful detention, and search.

But you did admit to breaking the law and driving after you smoked weed. That is enough to stop you and arrest you. It feels bad because it is weak. But I have done hundreds of...
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1 Answer | Asked in Traffic Tickets for Texas on
Q: Can I get a speeding in a school zone citation dismissed?

I was given a citation for speeding in a school zone but was at a complete stop when she pulled me over in my home. We were going opposite directions. 2 mins later, I was pulled over. She mentioned that the lights just went off also for the zone. So it seems like she went out of her way to cite me.... View More

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

First, no it isn't true that they have to pull you over during the violation. They can observe the violation and follow you, then pull you over. Next, it isn't a defense that you were in your driveway. You can always fight a ticket, however, police use Lidar and Radar to clock speeders... View More

1 Answer | Asked in Traffic Tickets for Texas on
Q: Can a ticket be dismissed if the officer wrote allegedly going a certain speed and wouldn’t show the radar

I was also traveling behind the state trooper and he had vehicles behind him as well

Maurice Mandel II
Maurice Mandel II
answered on May 22, 2023

First, not showing you the radar does not automatically invalidate the ticket, but it is a little suspicious. Next, just because you are behind the Trooper does not mean that you are exempt from receiving a ticket for speeding, for several reasons. You could be closing in on him, meaning going... View More

1 Answer | Asked in Traffic Tickets and Car Accidents for Texas on
Q: Police say I'm at fault for wreck an gave a failure to yield the right away ticket. What do I do?

I was pulling into my driveway when I was hit on my right side by a truck. My car is totaled. Truck had no damage. The speed limit was 45 mph and the skid marks from the accident were 70 ft at least.

John Michael Frick
John Michael Frick
answered on May 22, 2023

Take pictures of the skid marks. Put a level on the surface of the road to measure the slope.

With respect to the traffic ticket, plead not guilty and request a trial.

With respect to the car accident, turn in a claim to your insurance and make a claim against the other...
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1 Answer | Asked in Criminal Law and Traffic Tickets for Texas on
Q: Is a motion to dismiss suitable?

If I ask my court appointed attorney to file a motion to dismiss is it true the officer would have to show that I went too far past the white line during the hearing and if he can not it would possibly show the stop was illegal? Also they claim I consented to the search because the cop asked me Do... View More

John Cucci Jr.
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answered on Apr 21, 2023

Many questions.

Let's start with the dogs. When you are pulled-over by police, they have 22 minutes to write a ticket, get the dogs or arrest you. The bad news is they DO NOT need your permission to let the dogs sniff the area outside your car. It is not considered a search.

If...
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