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  1. #1
    Join Date
    Oct 2019
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    1

    Default Jury Trial vs Judge in City Court

    My question involves a traffic ticket from the state of:Texas. I received a citation for use of cell phone in a school zone. I wasn't texting or talking. Had google maps going through my Apple Watch. According to what I have read, this is not considered a violation. It will be my word vs the officers. I should go about proving this? Should I go with a jury trial?

  2. #2
    Join Date
    Oct 2014
    Posts
    7,454

    Default Re: Jury Trial vs Judge in City Court

    Quote Quoting stephanyb
    View Post
    My question involves a traffic ticket from the state of:Texas. I received a citation for use of cell phone in a school zone. I wasn't texting or talking. Had google maps going through my Apple Watch. According to what I have read, this is not considered a violation. It will be my word vs the officers. I should go about proving this? Should I go with a jury trial?
    Well, you just told us that it will be your testimony versus the officer's testimony. That means the outcome would turn on whether your testimony and your cross examination of the officer would be enough to raise reasonable doubt that you committed the offense. Whether you should choose a jury trial or a bench trial (trial to the judge) depends on information I don't have and, moreover, telling you which way to go would be providing you legal advice, which I cannot do as I am not licensed in Texas. You might want to look at the Texas State Bar's publication Guide to Traffic Court.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,281

    Default Re: Jury Trial vs Judge in City Court

    Matters of law are not "your word versus theirs." It would be indeed yours versus his, if he said you were takling or texting on the phone and you say you were just using the nav feature. If you get the officer to agree (or at least state that he can't testify otherwise) that you were using the navigation system, you are indeed correct that this is not a violation (I'm not sure exactly which section you were charged with, but the general "no texting" law specifically exempts navigation use. The school zone law is more convoluted but you could make the same argument there.

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