Legal Question in Traffic Law in Texas

Alright, so I was at a red light at the intersection near my house where 4-5 officers were working an accident. The car ahead of me didn't go at a green light so after about a minute of waiting I figured the driver ahead of me wasn't paying attention and honked the horn.

A woman who was involved in the accident turned and scowled at me then alerted an officer who approached me and asked if I had honked my horn. I replied, "Yes." The officer then asked if there was an emergency. I replied, "No." He then asked if I knew that I could be issued a citation for honking the horn in a case of non-emergency. I replied, "No." He then told me to pull behind one of the wrecked vehicles and worked the entire accident, dismissed all of the drives, etc.

When he finally came up to me he gave me a ticket under the checked other box for "Unnecessary use of horn." He also tried to get me for FTMFR because I accidentally handed him an old insurance card. He marked it out after seeing my current one although in Texas cops have software to check if insurance is current.

I went to court and talked with the prosecutor. She read me the note that he wrote. It stated that I was uncooperative at first. When the officer asked for my license I had replied, "Why?" Then when it was explained to me that I'd be issued a citation he said that I "reluctantly" gave him my license. The prosecutor refused to dismiss my ludicrous citation and said, "We'll see what a judge or jury says to that if you don't wanna pay your ticket."

Now our area is known for discrimination against youngsters and I'm a 22 year-old former Marine who dresses like a skateboarder and has shaggy hair. The officer even leaned in and smelled my car interior when he approached me which is you know what. Can any of you offer me any advice in this matter? I would really appreciate it. Thanks in advance.


Asked on 5/18/10, 9:56 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

Demand a jury trial.

When the case comes to trial, tell your story to the jury. They have better sense than most prosecutors and most cops.

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Answered on 5/23/10, 11:14 am


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