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RE: Sort of an LBC question... but not exactly....

To: "Michael D. Porter" <portermd@zianet.com>, triumphs@autox.team.net,
Subject: RE: Sort of an LBC question... but not exactly....
From: Bill Babcock <BillB@bnj.com>
Date: Tue, 9 Mar 2004 06:40:51 -0800
Part of the out of state trap is that in most states the first time you
appear will be to plead.  The cop doesn't need to be there. After you plead
there will be a date set for the trial. It may not really be an intentional
scam, but it has the effect of one--most people decide on the spot that they
don't want to come back and just plead guilty. You need to find out what the
procedure is and circumvent or be prepared for it. You may be able to enter
your plea remotely (not guilty, dammit) and bypass the first appearance. 

Courts run like mills for speeding tickets, there's not much room for
discussions. If you really, really want to beat the rap you need to hire a
local lawyer who plays the system. The sleazier the better (sorry Mr.
Barr--by the way, you almost have the best name I've heard for a lawyer, my
friend Sam Justice has you beat). Usually the game is played with delays,
filed at the last minute. I'm sure there are local variations. If you don't
want to pay for a lawyer you need to get a bit smart. Like my Daddy
said--"If you don't know who the fool in the game is, it's you."

As always these days, Google is your friend.
http://www.nolo.com/lawstore/products/product.cfm/objectID/DF6539CC-5710-4FC
A-B49C429BC4908A41/sampleChapter/1  is s useful book on general traffic
tickets. 

Texas is infamous for tickets. When you Google Texas Speeding Tickets you
find all kinds of resources including this:
http://www.marketflex.com/chris1/2/in-speeding-texas-ticket.php 

It's telling that there isn't anything specific for Oregon Speeding tickets.


Good luck

-----Original Message-----
From: owner-fot@autox.team.net [mailto:owner-fot@autox.team.net] On Behalf
Of Michael D. Porter
Sent: Tuesday, March 09, 2004 1:24 AM
To: triumphs@autox.team.net; spitfires@autox.team.net; fot@autox.team.net
Subject: Sort of an LBC question... but not exactly....

On my way back from my girlfriend's, who lives in central Texas, I
encountered a rather zealous cop, who pulled me over for doing 85 in a 70
mph zone on I-20, near Colorado City, TX. Only difficulty was that I was
doing 70, and had the cruise control set all the way from Abilene at that
speed.

It would have been a sort-of LBC question, but I can't manage six and a half
hours straight in the GT6 any more, and was driving the 300ZX. I think I was
the victim of a "let's get the out-of-state driver" trap--sports car and
out-of-state plates.

If anyone has any tested court procedures for challenging an improper
speeding ticket, I'm all ears. I did what I could, according to books on the
subject--I stated clearly that I was not speeding, and reiterated that,
without hostility, in the last thing I said to the cop.

I'm betting that this guy won't appear in court, but I don't want to take
that chance. I'd like to have some questions for him if he does show up for
court, since I intend to appear. Any suggestions are welcome.

Fifteen over in Texas is going to be a pretty big ticket. I'd swallow the
cost and pay the fine if I had been doing that speed, but I'm more than a
little irked that the cop picked me out of a gaggle of cars from a mile and
a half behind his static location when I wasn't speeding. I've been with a
new insurer for only a year, with a previously great driving record, and I
certainly don't want some quota hot dog damaging that and causing raised
rates, especially since I'm recently unemployed--I don't need additional
bills like this one.

Advice is welcome.

Cheers.

--
Michael D. Porter
Roswell, NM

Never let anyone drive you crazy when you know it's within walking distance.

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