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Alex J. Esq.
Alex J. Esq., Attorney
Category: Traffic Law
Satisfied Customers: 12764
Experience:  Licensed Experienced Attorney/former law enforcement officer
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I live in Montgomery county Texas and just got not 1 but 6

Resolved Question:

I live in Montgomery county Texas and just got not 1 but 6 tickets in the mail for consecutive Wednesdays where my hubby threw a banana peel into an open plot of land out of the truck. We thought it wasn't littering since it was food, biodegradable and deer frequented that area . Can the sheriff actually expect us to pay all SIX rather than sending me one so I even knew it was not legal ??? Apparently a neighbor videod us at least that's what the tickets all say. I say it's a witchhunt. NO clue if the sheriff just recetnly found out or knew since 3/27, date of first violation but seems like they should warn us or can they just rack up thousands in fines just because.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Alex J. Esq. replied 1 year ago.

Alex Esquire : Hello my name is XXXXX XXXXX I will be glad to answer your question.
Alex Esquire : Are you online with me?
Alex Esquire : Welcome to JustAnswer.com
Alex Esquire : I am sorry to hear about your unfortunate situation.
Alex Esquire : Does the citation state the amount of fine or does it state that you are required to appear in court?
Customer: $200 PER offense x 6 OR I can request a hearing where they will decide to either dismiss, lower fines, leave as is or go to court which of course I won't pick since that's bound to cost me more than $1200. My big concern is how can it be legal to rack up offense over offense without letting me know I did anything wrong ?
Alex Esquire : Did your husband throw away multiple banana peels at different times?
Customer: Yes but would never have done so had we known it was truly not legal.
Alex Esquire : I understand.
Alex Esquire : Unfortunately, it is illegal and considered littering.
Customer: The tickets are almost 2 months old from the first offense and I never disputed it was illegal. I disputed them not giving me the first ticket days after 3/27 when I'd not have done it again
Alex Esquire : Also, lack of knowledge of the law cannot be used as legal defense to a violation or crime, however could be a mitigating factor under some circumstances.
Alex Esquire : Did you receive all of these citations at the same time?
Customer: So you're saying it's LEGAL to rack up tickets without letting us know even one had been issued?
Customer: Yes
Customer: today
Alex Esquire : It depends.
Alex Esquire : Were these alleged violations on the same day or different dates?
Customer: 6 Wednesdays in a row; the only days he drives to work without me
Alex Esquire : okay, do you know when this neighbor presented the evidence of these multiple littering to the Sheriff's department?
Alex Esquire : Were all the videos presented at the same time?
Customer: I have no way of knowing that no ; is that info they have to tell me if asked????
Customer: My best guess is yes though
Alex Esquire : If you do contest this violation, then you would have the right to discovery and to demand to know the facts related to these allegations.
Alex Esquire : Basically, it appears that the neighbor might have reported all of the alleged violations at the same time to the Sheriff and that is why the 6 violations were issued at the same time.
Alex Esquire : It would make sense to contest these violation and it is likely that to get the violations reduced to one or two and two have other violations dismissed.
Alex Esquire : Does that make sense?
Customer: When you say contest I don't HAVE to go to court to get the details do I or do I get those when I go to the protest hearing?
Customer: Trial, sorry not court
Alex Esquire : Basically, you can start at the protest hearing and if you do not get the violations reduced / dismissed, then you would be able to take these alleged violations to court.
Customer: Can I do the court without an attorney?
Alex Esquire : I would agree with you, that it appears that you have a neighbor who is trying to cause you trouble and the Sheriff Department simply following the law and trying to send a strong message to make sure this type of littering doesn't occur again.
Alex Esquire : You do not have to have an attorney, of course it is always a good idea to retain one, but it can be costly.
Alex Esquire : Does this make sense?
Customer: Yup. Will do
Alex Esquire : Do you have any related follow up questions for me?
Customer: Nope;
Alex J. Esq., Attorney
Category: Traffic Law
Satisfied Customers: 12764
Experience: Licensed Experienced Attorney/former law enforcement officer
Alex J. Esq. and other Traffic Law Specialists are ready to help you

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