🚀 go-pugleaf

jkutti2000@hotmail.com wrote:
> folks,
>
> I got a citation for failing to stop at a stop sign. The cop claims I
> whizzed pass, while I am positive, i did pause and go. there was no one
> else at the intersection. early morning.
>
> Now my question is , that if I plead not guilty, then
>
> as per the irving municipal website
>
> --------------------------------------------------------------------------------------------------------------
> http://www.ci.irving.tx.us/municipal_court/defensiv.asp
>
>
> if I want to take defensive driving then I cannot plead not guilty.
>
> so assuming I go for the pre trial, can I change it later , first plead
> not guilty. and then deciding on what goes on , in the pre trial
> hearing,ask for defensive driving. ?>
>
> any one has any other suggestions.


If you think you are in the right, get a lawyer.  I would HIGHLY
recommend Jim Lollar.  He has an office in S. Arlington on Cooper just
north of 303.  I am sure he has other offices, but I don't know where.
I got a ticket last summer for no seat belt from a DPS officer on 287
in Mansfield.  The cop saw the shoulder harness for the BACK SEAT
hanging loose in my truck.  He said he was SURE that I wasn't wearing
MY seatbelt, and claimed he saw it from the right shoulder of the road
as I went by in the left lane at 65.  Yeah, right.
I went to the office to try and arrange defensive driving and the clerk
at the desk told me to get a lawyer.  She actually said "these guys
NEVER show up for court".  Lollar handled it for $20 (I believe moving
violations are $40).  In about 90 days I got a letter in the mail
saying the ticket was dismissed.

Be aware of the facts on deferred adjudication as well before you go
into it thinking that it is a quick and easy way to dismiss the ticket.
 Look at these websites:

http://www.deferredadjudication.org/

http://www.tajlr.com/

It was since brought to my attention by a friend's divorce lawyer.  He
used to work with one of the lawyers that helped draft the legislation
that allows for deferred adjudication in Texas.  He said that by the
time it got through both houses of the state congress it was so screwed
up that it allows for the governing bodies to literally keep these
things on your record forever, which is (according to him) even worse
than a conviction.  Other states do not have deferred adjudication
laws, so they treat anything other than a complete dismissal under a
plea of "not guilty" as a conviction.  He now does a lot of work to
help people (who didn't realize what they were getting into) straighten
out their records and explain the situation to potential future
employers, banks, and organizations that issue professional licenses.
Whether this might possibly have been the intent of this law is also a
matter of some debate.

Bottom line is, the only way to get it off any kind of record is to go
back (at your expense), hire a lawyer (at your expense and because the
judges will not allow you to represent yourself since the procedure is
so complicated) and get a hearing from a judge to seal your PUBLIC
record.  The judge may still decide not to seal your record, in which
case you are screwed.  If he does, the record still exists, forever, in
the official databases.  These can be accessed by any officer of the
courts (including cops, judges, and anyone using their relationship to
go through these people to get access to your background).