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I am very upset and need advice. I was at a red light in the turning lane to take a left. When the light turned green, I turned. I even had my turn signal on. A cop made a u-turn and pulled me over. I had no idea why. He said legally, because my front tire was over the white line, I ran a red light. He gave me a ticket! Unbelievable! What are my rights? What should I do?

Submitted: 363 days and 9 hours ago.
Category: Legal
Value: $15
Status: AWAITING CUSTOMER ACTION
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363 days and 9 hours ago.

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Dallas, Texas

Already Tried:
I am at a stand still. I do not know what to do.

Posted by LADYLAWYER 363 days and 5 hours ago.

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Hello,

 

Thank you for asking your very important legal question at Justanswer.com . I will be happy to assist you!

 

I am assuming that the officer cited you for a violation of Texas Code § 544.007 TRAFFIC-CONTROL SIGNALS IN GENERAL, which states in pertinent part, "(d) An operator of a vehicle facing only a steady red signal shall stop at a clearly marked stop line." Perhaps it has been this officer's practice to issue citations to people because they are a little over the line and then these people just pay them thinking they have actually broken the law. However, if you were to plead "not guilty" by going to a hearing over this, you would want to argue that you were not in violation of the statute at all because you technically were stopped "at" the line. "At" in this case is extremely vague and can be interpreted to mean just stopped period. It does not say "before" the line. If you do go before the judge on this, the officer has to be present or you automatically win by default. Many times, the officer is working at the time your hearing is scheduled or if it's his day off, he has better things to do than go to court. I would say in practice that about half the time, the officers do not even show up. The other thing you can do is look for a traffic citation law firm that will charge a couple hundred bucks to go to court over this for you. Many of these firms guarantee that if they don't get you out of your ticket, you won't have to pay them. Because there have been so many cut backs in government, if the officer that wrote you the ticket sees that you have an attorney who is going to represent you, the practice has been for them not even to come to court. In fact, in many departments, this is now the official policy. That is because the government cannot even waste the money or man hours trying to fight things like traffic tickets. If you or an attorney wins your case in front of the judge, it will be like you never got the ticket--you won't have any points assessed on your license and you won't have to pay any fine. Of course, using an attorney will probably cost more than the fine, but it will mean that 1) you won't have to appear in court yourself, 2) you won't have any points assessed on your license, and 3) it almost automatically guarantees that you will get out of your ticket. The choice is up to you but I think you have a very good chance of beating this either way! Best of luck with this!

 

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Posted by LADYLAWYER 363 days and 3 hours ago.

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P.S.--I just realized what your user ID name said. You go! GB!

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Hello again,

 

Did I answer your question? Do you need more assistance? If so, please hit reply and let me know how I can be of more service. If not, please hit accept so I will get credit for my answer. Additionally, I would like to leave you positive feedback but cannot do so unless you leave feedback for me first. Please consider doing so in order to build up both of our profiles. Lastly, if a customer accepts an answer of mine, I will continue to give them service and answer any of their future questions related to this issue without them having to make any kind of additional deposits. I strive to give all of my customers great service and so if you need more help, I am always happy to give it! Thanks so much!

 

 

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Expert: LADYLAWYER
Pos. Feedback: 99.1 %
Accepts: 1382
Answered: 11/14/2008

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