Legal Question in Criminal Law in Texas

I received a ticket today for running a red light. However, I believe that I my car had cleared the intersection before the light for the other traffic turned green. The officer was coming in from the other direction and facing my car. I am wondering what my options are. I live in Texas and I have tried looking up how much ticket will be, however it seems different on every website. The biggest thing I want to avoid is the violation on my driving record so that my insurance rates do not go up. I do not mind paying the amount as long it is absurd. My question is, should I plead guilty and ask the judge to lighten the fee or should I plead not guilty in person or by mail to contest it. Is there any chance of winning that case? If I send in a written declaration by mail, how much of a chance is there that the officer will not send his declaration in on time so that the ticket will be dismissed? Please help!


Asked on 7/22/11, 9:33 pm

2 Answers from Attorneys

Mark Dunn Mark D. Dunn

Stop worrying about "how much it will be." Plead not guilty, demand a jury trial, and make them prove their case.

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Answered on 7/22/11, 10:38 pm
Sharita Blacknall The Law Offices of Sharita Blacknall, PC

You have several options, each of which is dependent upon the amount of time and money you would like to put into this particular issue. You can plead not guilty and request either a trial by jury or a trial before the Judge. If you choose this option you will be required to act as an attorney would. This means that you will be expected to know the rules of evidence and local rules of the Court. You will also be required to attend a pre-trial court date in which you will present pre-trial motions if you have any. You will also have to attend the trial date. Anyone of these dates can be rescheduled several times depending on the schedule of the Court and the officer writing the ticket.

You can enter a plea and request deferred adjudication probation, but you will be required to pay a fine plus cost of court in order to keep the violation off your driving record.

There are other options depending on the facts of your situation.

In addition, you can hire an attorney to take care of the matter for you. This option will free up your time and will give you peace of mind that all legal options have been explored.

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Answered on 8/02/11, 8:06 pm


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