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Posted

FRIEND got 2 recent tickets in quick succession. Neither of us have EVER gotten any tickets before, so I thought I would ask a bunch of smart lawyers.

Richardson red light (torrential rain and it was barely even yellow) and Garrett (I-45) 10% over (freak tailwind going downhill).

Prefers defensive driving over deferred adjudication.

Friend understands that DPS copy of driving record showing no defensive driving within past year is required and he will get one (or 2) copies after contacting courts. Since both copies will be timely and will show no DD is it possible to use DD (2 if necessary) to deal with both tickets? Is this a loophole because the tickets were so close together?

I imagine he has to certify no DD for a ticket w/in 12 months when applying for DD and he could honestly do that now for each court appearance, but yall see any flaws in this potential plan? Thx (for friend).

Posted

A friend of my dad got 2 drunk driving arrests within a week of each other in separate counties.  

This was 40 years ago or more...before computers became so commonplace.  

Both were treated as 1st offenses. 

  • Like 1
Posted (edited)
1 hour ago, TXSooner518 said:

Was the red light ticket given to your friend by a police officer or mailed through a red light camera system?

This is key.

 

If the red light citation is from a KodakKojak( camera) it is not a moving violation, but rather a civil citation, akin to a parking ticket.

 

Also some JPs will allow you to do deferred adjudication on the second offense within a year.  That might be worth pursuing if both tix are written tix from cops, not the camera variety.

Personally, I'd be seeking a court date so i could speak with a judge, if the initial resolution didn't meet my satisfaction.

Edited by slorch
Posted

I take it he hasn't gone to JP or Municipal Court for either one of them?  

If they are in the same jurisdiction, he might be able to make a deal to wipe them out with one punch.  I'd fight the red light ticket for sure because that sounds like some subjective BS and as long as your bud didn't cause an accident or some much had the potential to cause one (IE heavy traffic area), I'd think a reasonable JP would let it slide.  Especially considering the weather.  Plus I don't think the court attorney nor the PD would want to waste time sending the reporting officer to contest your friends view on it, especially if it's first violation.  

Posted
4 hours ago, slorch said:

Personally, I'd be seeking a court date so i could speak with a judge, if the initial resolution didn't meet my satisfaction.

That's not how it works (around here anyway). Judge won't speak to you until the trial is in session. You gotta deal with the prosecutor pre-trial.

Posted
34 minutes ago, RPM said:

That's not how it works (around here anyway). Judge won't speak to you until the trial is in session. You gotta deal with the prosecutor pre-trial.

same difference.  If what the prosecutor is offering doesn't suit me, I'd request a bench trial( visit with the judge.)

I've had one go to a judge and he dismissed it. had one where he he deferred it.

 Doesn't mean it's going to go your way, but in the end, they just want their cash.

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