By: Beltz Law Firm
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Wylie Speeding Ticket Tips From An Experienced Attorney
Wylie Speeding Ticket Lawyer
Speeding Ticket Tips
There is no replacement for an experienced speeding ticket attorney on your side when you have been cited for speeding In Wylie, Texas. However, this article is intended to take a different spin on speeding ticket defense in that we will share some of the basic tips that we use as speeding ticket lawyers to help defend your ticket in Wylie, Texas. If you would like to discuss your speeding ticket in Wylie with our experienced team of attorneys and legal assistants, contact our office today.
Entering the Correct Plea
In order to protect a defendant’s constitutional rights to procedural and substantive due process, the correct plea must be entered. That plea is “not guilty.” It must be done as soon possible. Normally a plea must entered in person or by mail before the appearance date listed on the speeding ticket. If a plea of not guilty is not entered prior to this date, the case could go into warrant.
Once the plea is entered, it entitles a defendant to request a copy of all the evidence that will be used to prove the allegation of speeding. This includes a copy of the complaint. A complaint is defined by Article 45.019 of the Code of Criminal Procedure as follows:
- Art. 45.019. REQUISITES OF COMPLAINT. (a) A complaint is sufficient, without regard to its form, if it substantially satisfies the following requisites:(1) it must be in writing;(2) it must commence “In the name and by the authority of the State of Texas”;(3) it must state the name of the accused, if known, or if unknown, must include a reasonably definite description of the accused;
(4) it must show that the accused has committed an offense against the law of this state, or state that the affiant has good reason to believe and does believe that the accused has committed an offense against the law of this state;
(5) it must state the date the offense was committed as definitely as the affiant is able to provide;
(6) it must bear the signature or mark of the affiant; and
(7) it must conclude with the words “Against the peace and dignity of the State” and, if the offense charged is an offense only under a municipal ordinance, it may also conclude with the words “Contrary to the said ordinance”.
(b) A complaint filed in justice court must allege that the offense was committed in the county in which the complaint is made.
(c) A complaint filed in municipal court must allege that the offense was committed in the territorial limits of the municipality in which the complaint is made.
(d) A complaint may be sworn to before any officer authorized to administer oaths.
(e) A complaint in municipal court may be sworn to before:
(1) the municipal judge;
(2) the clerk of the court or a deputy clerk;
(3) the city secretary; or
(4) the city attorney or a deputy city attorney.
(f) If the defendant does not object to a defect, error, or irregularity of form or substance in a charging instrument before the date on which the trial on the merits commences, the defendant waives and forfeits the right to object to the defect, error, or irregularity. Nothing in this article prohibits a trial court from requiring that an objection to a charging instrument be made at an earlier time.
This document, if not provided in the form required by law at least one day prior to any proceeding in the matter is cause for dismissal of the action as punishment for violating a defendants procedural due process rights in the case. Many judges will try to avoid the dismissal by stating that the error was minimal. It is not. The ability of a defendant to properly defend themselves is directly impacted by the ability to review the charging instrument in a case.
If you are actually guilty of the offense, you are not fighting the ticket because you are being difficult. You are contesting the speeding ticket to ensure that your driving record, insurance rates and driving privileges remain clear. With that in mind, if you go to court in Wylie, Texas and the police officer is still on the force, the complaint is valid, then you have to begin the negotiating process. What was the fine set at before you walked in the door? What were the conditions of deferred or any other option to keep the speeding ticket off your record? What can be done to minimize the requirements and fees? Can a good deal be struck?
Remember, that if a case is solid that your leverage is about equal to the prosecutor’s. They don’t want to actually have a trial on the case. However, if you go to trial, you will lose most likely. This is where, if a deal can be struck, it is the time to do it. If not, then the case can proceed to trial.
One of the cool things about Wylie Municipal Court and the Justice of The Peace Court located in Wylie, Texas is that neither are courts of record. This means that ultimately, if the deal is terrible or you lose at trial, the case can be appealed to Collin County. Now it must be said that the time commitment and cost of getting a good deal in Collin County is drastically increased. However, if there are no other options available it is still a tool that can be used.
To have our speeding ticket attorneys in Wylie review your case, contact our office today.
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