T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

Well, there is no such things as a class c felony in Texas but it is possible to have an old conviction affect your ability to get a driver's license. Calling a lawyer in your area might help. Good luck.

No one in this forum can comment on a specific case because the specific details are unknown. Contact the court in question to determine the status of your citation. Calling an attorney in your area might help. Good luck.

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

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

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... View More

John Cucci Jr. Lawyers, want to be a Justia Connect Pro too? Learn more ›
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,... View More

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

Probably. This case arises in the area of traffic ticket law. You need to discuss with an attorney in your jurisdiction that specializes in this kind of law. Thank you for using Justia, Ask a Lawyer. You cannot obtain a definitive answer to a specific case hear because usually much more... View More

The law in most jurisdictions is that you must obey the speed limits. If you are 1-20 over the limit the level of bail and or fine is set at a lower amount than if you are 21-?? over. This case arises in the area of traffic ticket law. You need to discuss with an attorney in your jurisdiction that... View More

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

John Cucci Jr. Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

A Texas attorney could advise best, but your question remains open for two weeks. This is posted under "Traffic Tickets, Car Accidents and Child Support." You could repost and add "Criminal Law" as a category - better chances of a reply under that heading. Good luck

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

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

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... View More

Many modern automobiles have an event data recorder. You might be able to have information about your speed downloaded to show you were not going 68 mph

John Cucci Jr. Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

The stop may be legal but the dogs are not

If your attorney is uncommunicative and did not appear for a hearing he knew about, you should strongly consider firing him and hiring a different attorney.