Need advice on a 'supposed' seat belt ticket in Texas

[Suds43]

Here's the problem.............W-A-Y back in April of 2005 I was stopped by the 'honorable' Texas Highway Patrol for a seatbelt violation. He did a full level 1 inspection of the truck, which passed, checked my log book and my co-drivers. Was a disagreement on if I was supposed to be still driving or had went over the hours and was supposed to be in the sleeper...........
He decided not to persue the log book and gave me a written warning for the seat belt violation.
Now the problem..................I received a postcard in the mail the other day from the city of Georgetown, Tx. which is just outside Austin on I-35. Supposedly when the officer turned in his paper work that day......W-A-Y back in 2005 he wrote in that he had given me a seatbelt violation ticket. THAT WAS 6 YEARS AGO and was the absolute first I've heard of it. The postcard stated that I"d been charged with the violation and a non-appearance violation and an warrant issued for not showing up for court..........
I called the court and explained my side of it and they said there is nothing I can do but to pay the fine, which is $185.00 They wanted me to either plead guilty or no contest. Guilty is I agree with the charges and agree to all fines. No contest is I don't agree with or disagree with the charges but will pay the fines.
They now have a warrant out for me and if I plead not guilty they say I have to turn myself into the local authorities, make bail, then persue it in court...........
It's a mess....
I talked to the company I drove for back then and they did all they could but they only keep past driver's records for 5 yrs. So nothing there.
I am wondering if I get a copy of my DAC report if something would be on there.......I KNOW he gave me a written 'warning', not a ticket!!! But now I'm under the burden to prove it.
And No, I don't have a copy of the warning that he issued me..............I do but unfortunately it's in storage with all my other things back in Mo. which makes it' virturally impossible to retrieve...................
Anyone have any suggestions???????????????????

I guess the moral of this nightmare is always, always keep copies of any papers, tickets, WARNINGS, or anything that has to do with when you were driving.......Never know when something will come back to haunt you!!!!!!

 

[chefdennis]

You say he never GAVE YOU A TICKET...I wouldn't do a thing until THEY show a copy of that ticket.....

 

[Rocketman]

Get some type of legal advice immediately. I have heard good things about TVC, there are probably others.

 

[Turtle]

Contact a lawyer ASAP. It's a mess, but one that's likely very easily straightened out.

You say he never GAVE YOU A TICKET...I wouldn't do a thing until THEY show a copy of that ticket.....

There's an arrest warrant out, tho, which changes the game considerably. An arrest warrant is real. They'll show him the ticket, or fail to, once it gets to court and in front of a judge. But he's subject to arrest just the same until they do. The only way out of this is to either surrender to the police, make bail and pursue it in court, or get a lawyer to have the judge dismiss the warrant (since it was a judge who issued it).

 

[chefdennis]

Ok, call the local PD and make sure the is an arrest warrant, if there is, then get a hold of a lawyer, if not...call them and tell them to produce the ticket...

personally I ain't buyin into a arrest warrant for $ 185.00 total in fines...the cost to bring him back to TX far exceeds that...they are just looking for revenus...thats it...

 

[Turtle]

Since Austin and Houston (and their surrounding areas) are notorious for being speed-trap cities, the revenue thing is probably the motivator. But if you are issued a citation, and you fail to pay it or fail to show up in court, an arrest warrant is automatically issued by the judge for failure to show. Now there are two issues, one is the citation and the other is the failure to show. That's why legal advice is so critical here.

 

[Poorboy]

Ok, call the local PD and make sure the is an arrest warrant, if there is, then get a hold of a lawyer, if not...call them and tell them to produce the ticket...

personally I ain't buyin into a arrest warrant for $ 185.00 total in fines...the cost to bring him back to TX far exceeds that...they are just looking for revenus...thats it...

Ahh. There could be a warrant for the measley $185.00 but the pick up radius would be something like Local or surrounding counties..I don't really believe that they would actually extradite him if he gets stopped out of state as it is only a traffic ticket and would be too costly to go get him from wherever he was stopped.

 

[chefdennis]

Poorboy wrote:

Ahh. There could be a warrant for the measley $185.00 but the pick up radius would be something like Local or surrounding counties..I don't really believe that they would actually extradite him if he gets stopped out of state as it is only a traffic ticket and would be too costly to go get him from wherever he was stopped.

Thats my point....

 

[cranis]

First of all 6years to send a letter, is in my opinion, ludicrist.
Even if you moved they put do not forward, on envelope.
Question I have is when you get pulled in for inspection, and or
Hazmat federal check, this warrant did not show, as a flag.
I say contact an a ttorney in the area of law in that town or state, and check it out. Also the violation would and should be mute even if you decide to plead no conteast or guilty, and the penetlyies could be non reported to driving record if asked.

I did this in illinis for speeding ticke a few years back, paid fine and no points added.

 

[Jack_Berry]

your proof lays in storage in missouri. your only proof. looks to me like a trip to mo is in your future.

 

[cheri1122]

Seems to me that paying the $185 is a better choice than taking the time to go to Mo, locate the paperwork, and keep fighting it. After 6 yrs, it is no longer on your record anyhow.
I'd also suggest that everyone should be checking their driving records once a year, because errors happen, and they're easier corrected sooner than later.

 

[Olko]

Howdy

It seems like 6 years is a long time to take to get in touch with you. I have seen Texas justice from the wrong side, and I tell you I wouldn't trust law enforcement in Texas. I used to be behind the police 100%, but now I wouldn't trust them about anything, even a 6 year old seat belt violation.

Kevin

 

[paullud]

They more likely have a bench warrant out which means if you are in that town and get pulled over they will take you to the city holding cell and you will bail out for a couple hundred dollars. They are not going to extradite you from another state since it is a huge hassle. The other thing to remember is as far as you pleading not guilty the local jurisdiction would have the burden of proof and will have to come up with the ticket. They will have to set a court date and have the officer testify he remembers you specifically not wearing your belt which he likely wouldn't show up anyway. Don't let them bully and terrorize you into just paying to make it go away.

Posted with my Droid EO Forum App

 

[EASYTRADER]

Pay the ticket plead no contest.

Unless you're independantly wealthy. Welcome to the world of Soft Fascism.

 

[nightcreacher]

get a lawyer,paying the ticket now,no contest or guilty will put points on you csa report.If you plead not guilty still need a lawyer.If there is a warant,you may have a suspended drivers license,then you wouldnt want to get a ticket in anystate
good luck
your going to need it

 

[bobwg]

I would suggest getting a lawyer as we used to say in the old days CYA - cover your own azz

 

[Moot]

If you were issued a ticket then the State of Texas or whatever jurisdiction should have the original ticket with your signature. Politely request a photocopy of the original ticket. Better yet have an attorney request the photocopy.

 

[Jack_Berry]

mark, if you intend to drive again you need to get the warning ticket and fight. if you never intend to drive again then you still need to pay otherwise the warrant will follow you until the next time you speak to a police officer then he is going to give you room and board. roll the dice anyway you want.

 

[DieselDriver]

There are several problems here, first, if you have proof of innocence in Missouri and are unwilling to retrieve it then you have no forum here to complain, non the less.
Second, if there is a warrant for your arrest, there will be geographical limitations, even if this is the case you should address it...go to the court house during business hours, turn your self in to court security and they will take you before the presiding judge who should release you on an O. R.
Third, request a bench trial, the arresting officer, if he still works there will have to identify not only you in open court, but your vehicle and the traffic stop....fat chance after meeting you for 5 minutes 6 years ago.
Or lastly since it would be stupid to hire a lawyer at $500-$2000 for a $185 ticket...pay the ticket and go on with your life.
Don't make a mountain out of a mole hill.

 

[bikerpaul]

As a former L.O.E. the same as poorboy, I can tell you that there are things I was involved in 30 years ago that I can remember, but they were for very serious incidents, such as murder or agg. robbery. If I issued a seat belt ticket 6 years ago, something would have had to happen to make it stand out. Best advise I can give is if you live in the area of the citation, go to court and ask for a trial. Get your copy of the citation and bring it to court. Chances are the prosecuting attorney will probably ask for the case to be dismissed. Failure on your part to not take care of this problem could still have serious consequences in the future. While you can't be extradited from another state for this, your license could be suspended in your state, and that is a problem nation wide. Your insurance man should be able to check this for you. If the court has its records on line, you can check if there is a warrant for your arrest. P.M. me on your name and the court jurisdiction and if the records are available, I'll check it for you. I do this all the time here locally for friends, as the records are public knowledge under Ohio law. I'm not sure of Texas, but I would check for you. DON'T IGNORE THIS PROBLEM HOPING IT WILL GO AWAY, IT WON'T.
On further checking, Tickets issued by State Highway Patrol Officers or by Williamson County Sheriff’s Deputies are not filed in the Georgetown Municipal Court, but are filed with one of the Justices of the Peace.