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Old 05-09-2011, 01:52 PM
 
Location: Fulshear
1,326 posts, read 3,460,659 times
Reputation: 1184

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I received a traffic ticket about 3 weeks ago and showed up at the court house to see if I was eligible for defensive driving (I have not taken a course since 2003 or 2004).
I was told by the clerk that the information had not been entered into the system yet.
My question is, do I have any recourse to get the ticket dismissed?
I did show up to try and get it taken care of.
Also, assuming the answer to this question is "No"; should I just show up on the court date in the hopes that the cop will not show up?
I keep hearing that if you actually show up for the court date, the tickets are dismissed almost all the time.
Is this actually true?
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Old 05-09-2011, 02:26 PM
 
Location: Houston, Tx
8,227 posts, read 11,174,033 times
Reputation: 8198
If you haven't taken defensive driving in the past year, your eligible to take the class. Or you can go to court on whatever day it says on your ticket, plead not guilty or no contest, set a court date for a trial and hope the cop doesn't show up. If the cop dosen't show up it gets dismissed. But becasue the city is cash strapped, I've herd that they have been forcing more of the officers to go to their court dates. If you don't want to take that gamble, you can hire a traffic lawyer for $75 to fight it for you, which is still chepar than paying the whole fine.
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Old 05-09-2011, 02:32 PM
 
Location: Fulshear
1,326 posts, read 3,460,659 times
Reputation: 1184
Quote:
Originally Posted by 14Bricks View Post
If you haven't taken defensive driving in the past year, your eligible to take the class. Or you can go to court on whatever day it says on your ticket, plead not guilty or no contest, set a court date for a trial and hope the cop doesn't show up. If the cop dosen't show up it gets dismissed. But becasue the city is cash strapped, I've herd that they have been forcing more of the officers to go to their court dates. If you don't want to take that gamble, you can hire a traffic lawyer for $75 to fight it for you, which is still chepar than paying the whole fine.
Thanks for the response.
How much does defensive driving typically cost?
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Old 05-09-2011, 02:46 PM
 
Location: Houston, Tx
8,227 posts, read 11,174,033 times
Reputation: 8198
You can check around on the internet, but the last time I did it, I think I paid $25.
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Old 05-09-2011, 02:59 PM
 
Location: Houston, TX
469 posts, read 1,104,080 times
Reputation: 442
The court date on your ticket is just for your plea. You will go and plea guilty, not guilty, or to take the defensive driving course. If you plead not guilty, they will ask if you want a bench trial or jury trial. Which ever you select, they will setup all your officers court dates for the date they give you so its highly likely that he will show up. I think the person that said it will be thrown out actually meant that most cases get plea deals and never go to trial. The procescutor will offer you the lowest fine possible plus court fees. I had to go for a seat belt ticket that the officer said he would take care of. Out of the 30 or so cases in my courtroom, two were thrown out and the rest plead out.
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Old 05-09-2011, 03:12 PM
 
Location: Houston, Tx
8,227 posts, read 11,174,033 times
Reputation: 8198
Quote:
Originally Posted by Liljo22 View Post
The court date on your ticket is just for your plea. You will go and plea guilty, not guilty, or to take the defensive driving course. If you plead not guilty, they will ask if you want a bench trial or jury trial. Which ever you select, they will setup all your officers court dates for the date they give you so its highly likely that he will show up. I think the person that said it will be thrown out actually meant that most cases get plea deals and never go to trial. The procescutor will offer you the lowest fine possible plus court fees. I had to go for a seat belt ticket that the officer said he would take care of. Out of the 30 or so cases in my courtroom, two were thrown out and the rest plead out.
No, if you go to trial, and the cop doesn't show your case gets dismissed.
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Old 05-09-2011, 03:17 PM
 
Location: Houston, TX
469 posts, read 1,104,080 times
Reputation: 442
Quote:
Originally Posted by 14Bricks View Post
No, if you go to trial, and the cop doesn't show your case gets dismissed.
I know that. What I am saying is that they setup all the officers cases on the same day so it likely that he will show up. If he does show, they offer you a plea deal.
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Old 05-09-2011, 03:27 PM
 
Location: Houston, Tx
8,227 posts, read 11,174,033 times
Reputation: 8198
Quote:
Originally Posted by Liljo22 View Post
I know that. What I am saying is that they setup all the officers cases on the same day so it likely that he will show up. If he does show, they offer you a plea deal.
My bad, misunderstood what you were trying to say. Yeah your right, thats why it wouldn't be a bad idea to hire a traffic lawyer, just in case the cop does show, he or she can fight it for you.
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Old 05-09-2011, 03:41 PM
 
Location: Sugar Land
2,465 posts, read 5,807,953 times
Reputation: 2733
Just get defensing driving and the ticket won't go in your record. Is cheaper as well.

Everything else is just a SCAM to take away our hard earned money.. such as life.....
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Old 05-09-2011, 03:48 PM
 
Location: #
9,598 posts, read 16,601,883 times
Reputation: 6324
Try to get it rescheduled if you are in Harris county. They set it up so the cop shows up to the first date, but it's much more difficult to get him there on a rescheduled date.
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