Texas Speeding Ticket Laws Operating Radar Gun

[deadlock]

Thank you for your replies I honestly appreciate them. But if I knew how to defend myself I wouldn't be asking these questions. I came here for advice...not to be judged on my legal ability to defend myself.

I am not judging you. But you don't seem to be getting my message-

You will be better off not asking the them for information before your court date.

You are in a better position to ask for them to prove information at your court appearance. If they don't have it, then they don't have the evidence.

If you give the opposition the opportunity to provide it to you before you are going to plead your case, they then are better prepared.

Your defense (as you stated) was that you were not speeding.

You imply the officer is either
a. incompetent to work the radar gun and or
b. the instrument was faulty

I suggest you forget "a" and ask that they provide evidence the instrument was in good working order. How do they do that? They provide evidence that it was serviced and calibrated per their regulations. You do not have to know what those regs are. They have to state what those regs are and YOU are better off asking them for that infomation at the hearing. Why?

You don't want opposition to be prepared to answer those questions before the hearing. If they cannot provide it you are in a better position for the judge to question the actual measurement of your speed.


Does that make it more clear?

[Fizzle1979]

Actually...yes crystal clear. Thanks for the help.

[deadlock]

Actually...yes crystal clear. Thanks for the help.

Good luck.

[blewis]

I agree with everything Deadlock has told you. I suggest the FOIA requests ONLY so that YOU will know the answers to your questions ("never ask a question you don't know the answer to"). If, for example, the manual says "every 3 years", you'll know not to ask that question.

Good luck,
Barry

[Fizzle1979]

I agree with everything Deadlock has told you. I suggest the FOIA requests ONLY so that YOU will know the answers to your questions ("never ask a question you don't know the answer to"). If, for example, the manual says "every 3 years", you'll know not to ask that question.

Good luck,
Barry

Does the FOIA apply to the municipal police department? I am reading information that doesn't state municipal police departments.

[deadlock]

I agree with everything Deadlock has told you. I suggest the FOIA requests ONLY so that YOU will know the answers to your questions ("never ask a question you don't know the answer to"). If, for example, the manual says "every 3 years", you'll know not to ask that question.

Good luck,
Barry

Great idea!

[BOR]

Does the FOIA apply to the municipal police department? I am reading information that doesn't state municipal police departments.

If you are reading the Federal FOIA it only applies to federal records/agencies.

States have thier parallel laws, in Texas it is the Open Records Act.

Scroll down just a tad when linked.

http://www.rcfp.org/ogg/index.php?op=browse&state=TX

[BOR]

The actual act name is: The Texas Public Information Act; formerly known as the Open Records Act.

[Fizzle1979]

Just curious...from my understanding even though I originally requested a trial by jury. Can I still change my plea and opt for deferred ajurdification right before the trial starts? I think I've been told this before. Can anyone give me some info?