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Police Officer caught falsifying traffic instrument

Texas |

officer was caught in court, having doctored my ticket(top copy) can i sue for damages in court even w/ ticket dismissed. the judge said the statute for this is 2 years that they can still take the speeding ticket back in court. But should I be pre-emptive. there was corruption all over this. right down to the the way the traffic court prosecutor tried to cover the ticket up in court and not show both copies to the court and judge until the judge demanded it. I see grounds for negligence and I lost three days work for this fraud and contempt for lying and falsifying court documents under oathwould my only option be small claims to recover damages in such city municipal traffic court? I was hoping more importantly to send a message of fraud not being tolerated in traffic court

I feeI should sue the prosecutor and officer for contempt and tampering with evidence.I held my cards close and the prosecutor tried three times to get case deferred "based on I didnt know what I was doing". I cannot believe that trickery under oath would be allowed in a court of law, and I acting as defendant by myself uncover it and expose it. How many other others are getting railroaded. Officer made changes to ticket after my signing(i crossed and he finally showed judge), direction of vehicle travel and date of infraction. So if officer passed off under oath that the ticket is accurate upon presenting at trial, must there be damages? Lost wages isn't damaging?

Attorney Answers 1

Posted

I'd be careful with this. There is a huge difference between fraud and a misunderstanding on your part of what actually occurred. I can't tell from our summary, but the fact that your copy and the officer's copy are different does not require fraud. In fact, it happens in some cases.

For anything but a speeding ticket the difference is irrelevant: the state has to prove up the complaint, not the ticket. But since you got a speeding ticket then Section 543.010 means your copy has to match the complaint.

Many times the officer will make notes on his copy that don't appear on yours; this is not fraud.

If you still think fraud is in play then consult a civil lawyer within 2 years. Not sure what your harm is, but a civil lawyer can tell you more.

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2 comments

Asker

Posted

Went to civil court on this one. City fined for negligence for damages of lost time and wages.Policeman no longer works in traffic and demoted.Judge ruled fraud was in play.

J. Randell Stevens

J. Randell Stevens

Posted

Boom! Way to go :)

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