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Legalease
Legalease, Attorney
Category: Traffic Law
Satisfied Customers: 16379
Experience:  15 years exp in driving issues
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How can I appeal a decision for my daughter in Texas, no

Customer Question

How can I appeal a decision for my daughter in Texas , no address change while attending college?
JA: Has anything been filed or reported?
Customer: She went to court on yesterday and ticket given last week ,
JA: Because traffic laws vary from place to place, can you tell me what state this is in?
Customer: Texas
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes the Judge question why she going to school and the police puled her over because her high beam was on in additon to asking for her insurance and I sent a picture , No ticket given , She thought she was going to clear the insurance only.
Submitted: 11 months ago.
Category: Traffic Law
Expert:  Dwayne B. replied 11 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 11 months ago.

What court was the case in? A Justice of the Peace Court or a city court?

Customer: replied 11 months ago.
Big sandy upshur county.
Expert:  Dwayne B. replied 11 months ago.

I'm sorry, I'm having a problem posting to this thread. I'm going to opt out and open this back up to the other experts while I try and find out why the computer is acting up. Sorry for the delay, but I've tried to answer repeatedly and it's not letting me post anything except this.

Customer: replied 11 months ago.
Ok
Expert:  Legalease replied 11 months ago.

Hello there --

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Is she attending college in Texas and simply failed to change the address from one Texas town to another Texas town?

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MARY

Customer: replied 11 months ago.
but she is still between both areas because financial I am taking care of her. The judge was wanting to know why she still going to school and how will she be able to pay the ticket
Expert:  Legalease replied 11 months ago.

But the bot***** *****ne was that the ticket ended up being for failing to change her address on her license and with DMV officials?

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MARY

Customer: replied 11 months ago.
Expert:  Legalease replied 11 months ago.

Hello again --

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The law in Texas and in every state requires a change of address to be filed with the DMV within 30 days of moving to the new address -- but police rarely give tickets for failing to make the change in a timely matter and it seems to me that the police were simply fishing for something to charge her with. An argument can be made here that your address is her actual home and permanent address while she is attending college but she needs to make some showing that there is other proof of this -- such as registering to vote at your address or having other mail delivered to your address. If she can make such a showing legitimately, then you can file a Motion for Reconsideration with the court by going to the clerk;s office and asking if they have a form motion that you can use (or she can use) to do so. Your argument is that the decision of the judge was incorrect and that your daughter's address is actually your own address and that you have proof of that (list the proof in the motion) and that there was some mistake or misunderstanding by the police and at the court hearing when your daughter was articulating the situation. It may end up being an uphill battle but it is genuinely worth a try if you can legitimately make the case that your daughter's permanent address at this time is with you at your home address.

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Please let me know if you have further questions. If not, can you please press a positive rating above in the rating section so I will be given credit for my time (the middle star and the fourth or fifth star to the right of the middle star is a positive rating). THANK YOU VERY MUCH

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MARY

Customer: replied 11 months ago.
Ok thanks I will work on the motion. She had the proof in her car on yesterday but was thinking based on her communication with the police it was the insurance that was to be cleared. However if I had perhaps asked to view the citation I would had understood better. Thanks . Is motion the same as appeal? I am a 1 1/2 from the town and will go to help or do I need attorney to be hired when we return ?
Expert:  Legalease replied 11 months ago.

Hello there --

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Your court may call it an appeal but it is usually called a motion for reconsideration in the same court. And if you can afford to hire an attorney to clear the matter up, it might not be a bad idea. I am seeing now, at the age of 51, too many tickets and such following young people and when you do not fight it and say "no big deal" -- it may be a big deal a few years later if it is lumped in with other driving infractions. It is harder to get rid of these items in our "connected" world of 2016 than it was in the 80's and 90's so I always tell people to try as hard as you can to keep things off of your record if you can. Even a driving record.

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Please let me know if you have further questions. If not, can you please press a positive rating above in the rating section so I will be given credit for my time (the middle star and the fourth or fifth star to the right of the middle star is a positive rating). THANK YOU VERY MUCH

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MARY

Customer: replied 11 months ago.
Ok and if another question on the same matter how do that work
Expert:  Legalease replied 11 months ago.

If you ask an additional question and want me to answer, you can request me by inserting For Mary Legalease at the beginning of the question. I am usually online every day for a few hours. If another lawyer answers, they can access this question and answer session before answering your additional questions.

Please let me know if you have further questions. If not, can you please press a positive rating above in the rating section so I will be given credit for my time (the middle star and the fourth or fifth star to the right of the middle star is a positive rating). THANK YOU VERY MUCH

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MARY

Customer: replied 11 months ago.
Ok thank you , I was in a location that would not allow phone to work.
Expert:  Legalease replied 11 months ago.

Hello again --

I note that you viewed my answers above yesterday afternoon. Please let me know if you have any additional questions. If not, can you please press a positive rating above in the star rating section so I will be given credit for my time assisting you today? I do not receive any credit from Just Answer for helping you unless you press the middle star or the fourth or fifth star to the right of the middle star in the star ratings section above -- I genuinely appreciate it !! THANK YOU VERY MUCH !!

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MARY