Asked 7/27/2016 – Carthage, TX

This happens in Carthage, Tx. on July 1, 2016, I was pulled over for speeding in a 65 zone going 79 as he said. I pulled and stated that not right I had cruise control and-and onstart confirmed this. Set speed of 66.7. But he still gave me a ticket. So I went to the courthouse that day, and they said I had to wait, for it to be on the computer. On July 7, 2016, I sent a motion of discovery to the court, the ticketing officer chief, and the prosecutor. So weeks went by now its July 17 and no answer. I call the judge, and the judge says I have to get it from the department of safety. I sent them the paperwork and no answer the oriental court date was on July 22, 2016, and now she gave me until August 8, 2016, to pay the fine or court/jury. What I am saying have proof of all the facts and stuff, on top of that his car was by two others cars when he got me. What can I do? I live in Louisiana

Answer

You have a right to have a trial on your case, but you must return to Texas and make a personal appearance at the trial. You have a dispute about a factual issue. You have the right to present evidence on your behalf, but the State has the same right. You can’t just send an On-Star report to the court and be found not guilty any more than the officer can send the ticket to the court and the Judge automatically find you guilty without hearing from you. Call a local attorney to discuss your options.