Asked 8/10/2016 – Austin, TX

Received a citation for speeding. I was going 14 miles over the speed limit, however, the officer wrote the citation for 5 miles over the speed limit. It was expensive, so I decided to try an attorney. Paid the fee; they said don’t show up to the first hearing.. if it isn’t dismissed, we will set another date. So I get notice to attend court on a specific date. Room is full of other suckers like me for the same atty. He offers me a deal that was almost double what I would have paid plus 6 months deferred adjudication. I said citation was for 5 m over speed limit. He says you were going 14 miles over. I said that shouldn’t matter; I was cited for 5 miles. So he goes back and makes me wait until the courtroom was completely empty except judge, DA, him, and me. Comes back and offers $50 less and said they had to override the offer…like it was a big deal..and I said no. He said then it will have to go to trial, I said I guess that’s what we have to do. The DA left, and it was just me, the atty and the judge. Asked why couldn’t judge just talk to me then and he shuffled me outside and said that’s not how it works. Can they use the original speed against me if citation goes to trial?

Answer

You can’t just talk with the Judge and explain your side of the story without a trial any more than the officer who wrote the ticket could go up to the Judge without you being there and ask the Judge to find you guilty. Be sure of exactly what you are charged with; the prosecutor knew about the 14 mph issue somehow. The citation you were given at the time of the stop is merely notice of where and when to appear in court. A formal complaint will be filed with the court which will outline the exact charges. That complaint may very well allege your original speed. If you do not want to accept the plea offer, have a trial, tell your side of the story and accept the consequences, good or bad.