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SoloLawyer
SoloLawyer, Attorney
Category: Traffic Law
Satisfied Customers: 3426
Experience:  I help clients deal with traffic tickets on a weekly basis.
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code enforcement, municipal, State of Texas What are the requirements

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code enforcement, municipal, State of Texas
What are the requirements for a code violation ticket to be written? Specifically, must the enforcement officer witness the infraction or may a ticket be written merely on the say so of another. Is there any overarching legal standard that a municipality must follow. If so what is the identifying number etc.? Thank you C.D. Porter

SoloLawyer :

Thank you for contacting JustAnswer. My name is Michael; I am a state-licensed attorney and will be happy to assist you today.

SoloLawyer :

I'm sorry to hear about your situation. There is not going to be a code section I can point you to, but the general legal principle is "upon suspicion and belief" for writing a ticket. So, the general answer is "Yes", you can be given a ticket based on the say so of another person. However, you have the right to contest the ticket and have the Municipality prove you committed the offense.

Customer:

If the municipality is called to task to prove the infraction and chooses not to or the officer in question misrepresents his actions again as in the previous ticket which they finally dismissed because of four story changes by the officer, then you are suggesting I am guilty to proven innocent. Do I understand this correctly?

SoloLawyer :

Hello and thanks for your response.

SoloLawyer :

No, that is not what I meant. You are innocent of the infraction until you are proven guilty at a hearing or decide not to fight it. If you choose to fight it, you will have your opportunity to prove your innocence.

Customer:

Thank you. Your response says it all. I can fight and PROVE MY INNOCENCE!

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