Asked 5/13/2016 – El Paso, TX

Can I bring math to traffic case and send evidence before hand essentially I’m adding a formula that in the short time of a basic traffic hearing I would imagine the judge will get mad by being lost in it. Here in Texas mu experience is it is fast pace with probably 50 people coming in and each person probably takes about 2 minutes. I can present my case and argue brake failure and have the formula and I think I should give him the formula At least 1 week sooner so he will be prepared to confirm if I’m guilty or not in that short time span so we don’t have any misconceptions and I can just verbally go through the basics in 2 minutes and explain that in 3 seconds on a drop off there is in fact no time to react and j had brake failure. I DONT want a jury and I don’t want to make a big deal of this because I don’t want to much paper work that I was on some sort of trial for my job it gets me very concerned so I feel I have a right for him to answer yes or no and I will give him evidence before the short hearing everyone gets?

Answer

If you want to present evidence and contest the citation you were issued, you must set you case for trial. The prosecution/officer who issued the citation must have the opportunity to present their version of events as well. You cannot just appear in court, tell your version and ask the case be dismissed for the same reason why the officer cannot just appear in court without you being present, tell the judge you were speeding, and then have the court find you guilty. You can enter a plea of not guilty and speak to the city prosecutor about the case, or you can talk with a local attorney about your options in this matter.