Legal Question in Traffic Law in Texas
Dismiss traffic ticket
I am currently seeking a job as a commercial driver. I had a clean driving record up until 14 days ago when I received a speeding ticket for 56 mph in a 35 mph zone from a sheriff deputy. Yesterday, I received a failure to yield right of way ticket written by a city police officer. Is there any way to take defensive driving to eliminate both of these citations. The law, as I understand it, says that I can only take defensive driving only once every twelve months for ticket dismissal purposes. I have already argued the point with a clerk, stating that I only wanted to take the class once (for both tickets) and therefore wouldn�t be in violation of the �take the class once rule.� As you can imagine, I wasn�t successful in that argument. I have contacted one defensive driving provider and they say they will only issue one certificate of completion (it can�t be used twice). I have seen advertisements for �Traffic Ticket Attorneys� and wonder if they really are successful in winning a dismissal. What can I do? I need a clean record to get the job that I am trying to get. Currently I have done nothing to resolve the tickets. The court appearance date has not passed at this time. Any help appreciated.
2 Answers from Attorneys
Re: Dismiss traffic ticket
You cannot take defensive driving for both tickets-nice try though. In my opinion you need to hire an attorney to help you in this matter particularly by you having a CDL, and since you cannot afford to get a conviction on your driving record. You know that under a new law that went into effect September 1, 2003, any conviction for a moving violation is considered two points and DPS will be auditing everyone's driving record and if a person receives 6 points in a year, that individual will pay $100.00 per year for 3 years to keep their driver's license.
Re: Dismiss traffic ticket
By all means consult with an attorney. Discuss the pros and cons of defensive driving, deferred disposition (adjudication) and trial.
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