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Thread: legal help texas

  1. #1
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    i need some info on introducing photo and document evidence at trial.

    any help would be awesome
    thanks.

  2. #2
    Senior Member squidbuellie's Avatar
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    traffic?

  3. #3
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    yes traffic speeding ticket

  4. #4
    Senior Member squidbuellie's Avatar
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    im not sure what the texas rules of evidence are in traffic court. they usually are very lacks, and have you submit evidence at the start of the trial. also when you first arrive in the court room you can ask the bailiff if you need to submit it before your case is called.
    what are you planing on submitting speed limit signs road condition pictures?
    also if you have witness statements you would more then likely need to have them notarized to be submitted as evidence.
    unless it is just prof of correction like no insurance, but you had it or vehicle tags
    hopefully it helps you out.

    This answer is based upon the limited facts presented in the question and does not create an attorney-client relationship nor constitute legal advice.

  5. #5
    Hire a traffic lawyer. Keep that driving record clean--it's worth it, because you'll pay for every point you get in so many other ways (less leniency by officers in the future, higher insurance costs across the board . . . )

  6. #6
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    yes pics and copys of texas vechicle codes road surveys and copys of prima facia law

  7. #7
    Senior Member BuddhaBuell's Avatar
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    dave_xb12r has some experience beating the system in Cali, not sure if he could help, no harm in asking tho
    :)
    good luck with your case bro
    ;)

  8. #8
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    texas sucks. they completely railroaded me when the cops own video evidence supported my arguement. if you can find traffic lawyer cheap id do tht

  9. #9
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    texas i one of the few prima facia/presumed speed law states a posted speed limit is what is visable not when you get to the actual sign also when getting a ticket in texas its not for going over the limit it for going to fast for road conditions if you can prove that traffic conditions are right going 10 mph over is not illegal theyre are only 3-4 states that are presumed speed law states another term for this is license to speed law you just need to know about it.got a ticket in 98 for 14 mph over 7:30 am 5 lane road clear and no traffic and beat the ticket because it wasnt illegal under presumed speed law.


    my problem is i didnt have my procedure down when it came to evidence and had a stickler for a judge.the good part was the da was freaking lost didnt have a clue and asked to continue at a later date giving me time to research procedure

  10. #10
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    Presumed speed law:

    Other states have a presumed speed law. This is the law that will allow you to legally speed - travel over the posted speed limit legally. However, it’s important to realize a few things here:

    1. Road conditions must be favorable to do so

    2. Weather conditions must be clear and dry

    3. No pedestrians in the immediate area

    4. Did not grossly exceed the speed limit



    If all four conditions have been met, you have not violated the law!

    EXAMPLE – Let’s say it’s a warm, dry and sunny day in your city. The sky is clear and visibility is at a maximum. You’re traveling on the highway to Sunday church.

    Right before you reach your exit, you get pulled over for speeding. The officer says you were doing 74 mph in a 65 mph zone and gives you a ticket. If your city or state has what is called a “presumed” speed law, you could easily have this ticket dismissed in court.

    Because all four conditions have been met:

    1. Road conditions favorable (dry and sunny day)

    2. Weather conditions favorable (sky clear and no rain or snow)

    3. No pedestrians (traveling on highway)

    4. Actual speed favorable (only exceeded a 65 mph limit by 9 mph)

    5. Plus you have a bonus; the fact that it was Sunday morning also shows that traffic was light at the time


    (I might also point out that all of the above conditions don't necessarily have to be met to legally speed, but the more the better.)



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