How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JB Umphrey Your Own Question

JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20232
Experience:  Handling criminal and probation matters for over 14 years.
14211116
Type Your Criminal Law Question Here...
JB Umphrey is online now
A new question is answered every 9 seconds

My son has been given a ticket for failure to stop at a stop

Resolved Question:

My son has been given a ticket for failure to stop at a stop sign. The officer was in a position to not be able to see the vehicle, the sign or anywhere near the sign. Officer says he heard him not stop. Is this legal to be given a ticket because the officer admits to not seeing him run it, just says he heard him. We are going to court on this pleading not guilty because my son swears he stopped. I heard that if the officer did not see the accused violation that he can only give a warning. I don't know how true this is, but if it is, it sure would help if i could print it to take to court with us.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 5 years ago.
Thank you for using JustAnswer!

At the contested hearing, the officer has to testify to what he SAW. The facts that he was not positioned to see your son and did not see your son should most certainly carry in your son's favor.

Good luck and best wishes! I hope that you find this information to be helpful and this answer to be ACCEPTable!
Customer: replied 5 years ago.
Ok, you and i know he must testify to what he SAW. But I am in countryville deputies make up their own law land. How do I prove that? If I don't have it in writing they will turn it around, even our JP doesnt know or go by the law. Is it in writing somewhere?
Expert:  JB Umphrey replied 5 years ago.
What state are you in?
Customer: replied 5 years ago.
Texas
Expert:  JB Umphrey replied 5 years ago.
Did your son receive a ticket that says on the top "uniform traffic ticket and complaint that kind of looks like: http://www.gathompson.com/forms/01_17-4_1.html
Customer: replied 5 years ago.
Kind of like that. It has Terrell Co. Sheriffs Dept. across top and is a form like your sample.
Expert:  JB Umphrey replied 5 years ago.
Very good. I direct your attention to the bottom of the form where the language says above the officer's signature:

The undersigned further states that he has just and reasonable grounds to believe, and does believe, that the person named above committed the offense herein set forth, contrary to law.

Your son needs the officer to admit that he didn't see the traffic offense and then remind the court of the ticket language.
Customer: replied 5 years ago.

No. I can tell that this ticket is issued by the State of Texas with Terrell Co. etc. printed on them, looks like a standard form, does not state anything where officer signs.

Has signed by: and I.D. No. only. for officer to fill in.

Is there not a law # XXXXX something i could state to help my case?

Expert:  JB Umphrey replied 5 years ago.
I am not a Texas lawyer so I am not having much luck finding one in the Texas laws. It's not something that's generally written in the law as you want it.

The point is that the officer has to based his/her ticket upon personal observations -- the judge knows that. Your son's challenge will be to persuade the judge that the officer wasn't in a position to witness a violation. It's up to the judge to decide who to believe.
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20232
Experience: Handling criminal and probation matters for over 14 years.
JB Umphrey and 12 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
Not exactly what I was looking for, but you did what you could, i will accept,
Expert:  JB Umphrey replied 5 years ago.
Many thanks!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.