🚀 go-pugleaf

Disclaimer - I'm not a lawyer (thank God!).  I'm only speaking from my 
personal experience.

In article <2pfjr0$8mo@news.utdallas.edu> goyal@utdallas.edu (Mohit K Goyal) 
writes:

>I just received a ticket for making a u-turn at a no u-turn 
>intersection.

>Anyways, after I got the ticket I went back to the intersection and
>there was no sign indicating no u-turn.  The other three 'sides' of
>the intersection *do* have no u-turn signs, so I'm assuming now that
>the one facing the north side of Collins is simply missing.

>What do I do know?  Is there some law that says I should have known
>not to take a u?  Should I take a picture of the intersection?
>Basically, I'm wondering if I have any hope of contesting this or not.

Yes I'd go immediately and take a =good= =clear= picture of the intersection, 
preferrably including street signs to identify the location.  Do it before 
they replace the sign.  Perhaps even bring another credible witness with 
you who would be willing to go to court with you and testify if needed.  Then 
take the ticket to the appropriate court indicated on it and enter it for a 
not-guilty plea.  

DO NOT WAIT PAST THE DEADLINE!  You immediately lose lots of credibility if 
you can't follow the rules.  If you don't file the ticket plea on time, your 
only hope is one of the ticket-fixer lawyers - shell out your money and be 
prepared to pay a hefty probation fee (over $100 usually) to keep the ticket 
off your driving record.

Richardson is small enough this may not apply, but in many cities the cops are 
too busy to appear to testify at court cases.  If the cop doesn't appear for 
your hearing, most judges dismiss the case on the spot.  They must appear and 
testify if you are contesting.  

And don't let some lame third assistant city prosecutor take you outside and 
scare-talk you into a plea bargain either.  Don't settle for less than 
complete acquittal.  I had a Dallas prosecutor try that routine on me - the 
cop still never appeared and my case was dismissed.

Even if the officer does appear (maybe more likely in Richardson), you have a 
clear case and photographic evidence to back you up.  If your intersection was 
not posted "No U-Turn" for the direction you were travelling, then I don't see 
how you could lose.  Unless you happen to get some "hanging judge" with an axe 
to grind, you really shouldn't have any problem.  Even if the cop lies and 
says the sign =was= there, the judicial system is supposed to presume 
credibility for your testimony just as his.  Traffic citations technically are 
under criminal law, so the standard for conviction must be "guilty beyond a 
reasonable doubt".  The most your testimony must do is create a credible 
"reasonable doubt".  Even if they think you =might= be lying, they are legally 
obligated to accept it unless they can substantially disprove you.  If it gets 
down to a flat-out lying match with the police officer, then it all depends on 
who the judge wants to believe.  Don't come into court looking or acting like 
a low-life.  Look credible, act credible, and =be= credible.

I suspect from your name and your domain address that you're a student and of 
foreign (Arab maybe?) descent.  Reality is this =could= work against you, 
even though it ideally shouldn't.  I'd give some thought (not paranoia, but 
just realistic preparation) to any tendencies you might have to hook into 
prejudice on the part of white male authority figures.  Don't go in with an 
attitude.  Don't try to hide it, but also don't =flaunt= your ethnicity.  
Given what you said about tending to be "passive" around policemen, you're 
probably pretty OK in this department.  "Polite" would definitely be helpful, 
though you can stand to be a bit assertive of the truth.

Does UTD make a university lawyer/ombudsman available to students?  If so it 
could be helpful to talk to him/her for advice before your court appearance.

Good luck!  Provided the facts are as you stated them, you should prevail.  
The system's not perfect, but it does achieve something close to justice most 
of the time.
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Frank L. Sherwood, Computer Support Coordinator
Neeley School of Business
Texas Christian University
sherwood@zeta.is.tcu.edu  or  sherwood@gamma.is.tcu.edu
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