My question involves a traffic ticket from the state of: Texas
So I read through this old post as inspiration.
Looking for input/opinions on this. (inb4: you shouldn't speed).
- speeding ticket going 78 in a 65 zone early on weekend morning during very light traffic
- ticket says "SPEEDING - STATE HIGHWAY"
- measured via LASER
- car is registered in a different state to another person, but the ticket says "Texas registration"
- Texas speeding law is a prima facie state, meaning: the posted sign or "reasonably prudent"
- scheduled for a Jury Trial next month...for a $165 criminal ticket
- I requested Discovery (officer notes, oath of office, Traffic/Eng study, laser calibration, training records, etc).
- the prosecutor has responded saying there is nothing, no evidence they are providing; they have nothing to disclose...the officer's testimony is their evidence.
- I've extended/delayed the court date several times
So, here's some of my questions.
What do you think?
- First, the ticket lists my car's state registration incorrectly. Is this enough to dismiss?
- Next, your thoughts on prosecutor refusing to provide any details about the laser device? They do not have unit details or calibration records or training certificates for the officer. Hall vs TX comes to mind
- third, thoughts on how to fight the prima facie, "reasonably prudent" angle?
- Fourth, any other opinions on how to motion to dismiss on a texas speeding ticket when the prosecutor refuses to provide any discovery?
PS i'd love to push for some of the 'no state project' stuff like evidence of jurisdiction or corpus delicti but those tend to be non-starters with judges.