February 3, 2016

Asked 2/2/2016 – San Antonio, TX

have jury trial on Feb 5th in JP court prect. 4 place 2 in SA. Currently out of state and have no cell service in this area.

I was behind a cop at a light. After not accelerating to 45mph speed limit, cars behind me were honking so I made a lane change to the right lane and as soon as I got equal with him, shrugged my shoulders as to motion it wasn’t me beeping and flashing the brights.

he pulled me over and said I was following to close. I have statute memorized and what the appeals courts decision stating a cop opinion is not good enough. I do not tailgate, it is dangerous and dump. This is a ticket for 70mph driving not 18mph.

this was more a cop bating someone to lose patients with him. This was also a dark road no people walking on either side of Austin Hwy, not going fast enough for possible collision etc. He is facing forward and claims i’m following to close. I had no where to go.
people pull up right behind other cars when at a stop sign or light. He was just pissed about being beeped at and bored. 25 years on force and still in traffic. He would pull over anybody that was driving that slow yet he’s doing and causing congestion.

Answer

The facts of the case do not have much bearing on the continuance issue. Justice of the Peace courts can be more lenient with the rules of criminal procedure, so the court MAY allow you to reset the case with a phone call, but they may not, and you may be required to file a written motion for continuance or make an appearance, If you retain an attorney, that attorney can make appearance for you. I also suggest that, if you have decided to have a trial, you definitely need an attorney.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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