Thomas Harlan Swain's Answers

What do I have to do to pay a unpaid ticket for expired inspection sticker in TX?

Contact the court to find out how much the fine and court costs are so that you can pay them. Because you did not appear in court it is possible that a warrant has been issued and you have also been charged with Failure to Appear. Another offense punishable by fine only. In addition, you want to make sure to deal with this situation because it is possible your failure to appear will cause the renewal of your driver's license to be held. When you fail to appear on a traffic case in Texas the...

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If I get out on personal bond, will I still be eligible for court appointed attorney?

Qualification for appointed counsel is based on indigence. That's a fancy word for being so poor that you cannot afford retained counsel. Being released on a personal recognizance bond does not necessarily mean you are not indigent. If you believe you are indigent, you should contact the court where your case is pending and let them know you would like to know what they need from you in order to have counsel appointed. They will more than likely request information from you to determine whether...

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If I bond out can I get a court appointed attorney?

In order to qualify for appointed counsel you must be indigent, so being released on a personal recognizance bond does not necessarily mean you will not qualify for a court appointed attorney. Many times courts will not automatically appoint attorneys to defendants who are out on bond because being out on bond indicates that you are not indigent and are able to seek your own attorney or have already hired an attorney. If you believe you qualify for appointed counsel you should contact the court...

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If I go to court for a speeding ticket in Texas should I ask for jury or judge trial?

Take advantage of your right to trial by jury. Never waive rights without a good reason and/or counsel's advice. You'll probably get more sympathy from the jury than a judge because most people can relate to getting stopped and cited for a traffic offenses. And if you've got a really good reason why you should be found not guilty that's not a good legal reason you want to take that to a jury rather than the judge. Also, even though your don't have a Texas DL you may still still qualify to...

On probation for a speeding ticket, and I received another ticket.

There is generally no numerical limitation on entering into deferred dispositions. Because your new case is in a different jurisdiction the first court will likely never find out about your second case as long as you are not convicted of the second offense. You should make sure to avoid conviction on the second case because this could cause your first deferred disposition to be revoked. So on the second case you should either take defensive driving to have the case dismissed, complete a...

What should I plead in order to get a dismissal on a couple of traffic violations?

Depending on what court your cases are in you will likely not need to make a formal plea. Bring proof that you changed your address on your DL and that you have current registration to the court clerk. You will then pay the administrative fees and your cases will be dismissed. But when in doubt, always plead not guilty.

What should I plead in order to get a dismissal on a couple of traffic violations?

Depending on what court your cases are in you will likely not need to make a for al plea. Bring proof that you changed your address on your DL and that you have current registration to the court clerk. You will then pay the administrative fees and your cases will be dismissed. But when in doubt, always plead not guilty.

First time speeding-should i fight it?

Unfortunately, "Speeding" is what is known as a strict liability offense. That means it does not matter if you did not know what the speed limit was. If the sign is there, all proper procedures for posting a speed limit sign for that speed were followed, and you were driving faster than the speed limit then you can be cited. I would need to know more facts, but it sounds like you may have taken that previous defensive driving course/DSC as a condition of a deferred disposition. If that's the...

I got a Speeding Ticket for 59 in 40 zone.

From these facts it looks like you would still qualify for a deferred disposition under the Code of Criminal Procedure. There is not a numerical limitation on the number of deferred dispositions you can take in any time period. Now, just because you qualify does not necessarily mean the prosecutors and judges in Farmers Branch would be willing to let you do the deferred disposition. You should contact an attorney in your area who is familiar with that municipal court for advice on this....

I rceived a ticket for going 40 mph in a 25 mile zone. I asked the police officer to show me the radar and he did not.

The officer is probably under no obligation to show you a radar reading at the time of the stop. In fact, that may not even be possible depending on the type of radar or lidar device the officer is using. The State still has the burden of proving that you were speeding and if they intend to use the radar or lidar readin as evidence this will be revealed to you at trial. Keep in mind that officers are generally trained to judge speed by their own reckoning. This means at trial the officer will...

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