Legal Question in Traffic Law in Texas

I received 2 traffic citations however the date on the citation is wrong, as further evidenced on the Court's 'Notice of HEARING' is this grounds for dismissal of the 'violations '?

If not, I will be requesting a jury trial when i go to the arraignment as I did not commit the violations.

The weather was overcast, raining and low visibility with a tornado warning yet the officer claims that he saw me whilst he was 80+ ft from the freeway exit.

So besides introducing the weather report, pictures and diagrams (and the incorrect date) what are my best avenues for putting more reasonable doubt concerning the officer's issuance of these citations. Basically, how do I weaken his testimony, strengthen my case and place doubt in the jury's mind.

Thank you


Asked on 2/10/10, 12:20 am

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

Are you saying you did not commit the violations at all or you did not commit them on that day?

The citation should use the words "on or about" before the date. This gives the state the opportunity to amend their complaint before they close their case at trial.

If the weather was overcast on the day that they used in their citations you can wait for them to finish putting on their evidence pin them down to it and use the weather against them.

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Were I to try this case, I would let the state put on their case, ask a few questions about the date on cross and the weather. Then when I put on my case, I would introduce the weather evidence, such as the weather report, showing the conditions at the location of the offense as well as testimony of witnesses who were in the area at the time the offense occurred.

However, if the weather was overcast on the day you say the offenses occurred, then you would be admitting that you were guilty. Trying such a case would be much more complicated.

To do all of this you would have to know how to try a case which would include the motions you need to make, when to make them as well as how to introduce evidence. This is not easy, even for trial lawyers. You could lose the case just because you did not properly introduce your evidence.

Instead of going through this complex exercise, I suggest you hire an attorney who practices in traffic court to negotiate a deferred disposition on the cases. The only reason to try a case like this would be if the offenses would be if you had a commercial drivers license. If that were the situation you really should have an attorney on your side.

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Answered on 2/15/10, 9:21 am


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