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To: drunknsage
ADVICE is a NOUN...ADVISE is a verb...
Pay the damn ticket...take your lumps like a man...
To: drunknsage
Reckless Driving under § 545.401. in Texas DOES apply to private property. It explicitly so states.
If that's your only defense, it will fail.
26 posted on
11/04/2002 2:25:16 PM PST by
Dog Gone
To: drunknsage
Check location. ANY cameras present?
28 posted on
11/04/2002 2:30:01 PM PST by
Mark
To: drunknsage
And for G-d's sake, don't tell the judge that your Freepname is "drunksage"
30 posted on
11/04/2002 2:39:40 PM PST by
toupsie
To: drunknsage
You should hire someone who is familiar with Texas motor vehicle laws, but I'll offer my take on it.
Here in New Jersey, I believe motorists who violate laws pertaining to traffic control devices such as stop signs, one-way restrictions, pavement markings, etc. on private property cannot be cited for motor vehicle violations. This is true even if the traffic control device in question regulates access from a private parking lot to a public street. (Note: This is why, for example, stop signs on private property are often not sized properly -- they aren't required to meet Federal Highway Administration standards.)
These signs can, however, be used to liability in the event of a traffic accident on private property.
I have never heard of a motorist receiving a summons for a motor vehicle violation in a private parking lot, except for violations related to laws that are specifically aimed at private parking lots (handicap parking restrictions, for example).
Like I said before -- get in touch with a Texas lawyer.
To: drunknsage
Who issued you the ticket? Was a police officer? Or just a rent-a-cop? If it was a rent-a-cop, you can probably ignore it. If, by some local law, a ticket issued by a rent-a-cop is considered valid, you'll probably recieve a summons in the mail. If so, then it's a real ticket. You can, however, fight it by pointing out the missing street in the address. Without the street name, the officer cannot identify the speed limit you were allegedly violating. Argue that by ommitting that information, you are being denied the opportunity to prepare an adequate defense and that the ticket should be tossed on those grounds. A generic "he was speedin'" ticket is not valid. The ticket must state where the violation occured and thus allow one to say what the speed limit really is. Let's say that the address listed is "100" and the speed given is "55 MPH". That speed at 100 N. Main street, in the middle of town, would be reckless driving; doing 55 MPH at "100 Out-in-the-Boonies Highway" would not. Without the proper address listed, you are not being allowed to state what speed was really allowed when the ticket was issued.
34 posted on
11/04/2002 2:48:05 PM PST by
Redcloak
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