[DougLikesBMW]

Posting this to help get my uncle out of a $458 ticket.

Alright here is the story:

My uncle was at a pre-op with his doctor and the doctor said that there was something wrong with his heart beat wave pattern (not sure what exactly it was called), but there was a "hook" in the waves meaning that he had had a heart-attack in his life (but he hadn't). The doctor told him that he better rush off to a cardiologist to get this checked out. His doctor was able to get him an appointment quite quickly (which was very lucky; if he missed out on this opportunity he wouldn't be able to get another appointment until a lot later).

So my uncle has to rush off to get to this appointment as well as pick up an airline ticket from the airport (there was some reason I am not aware of which is the reason he had to go to the airport for the ticket).

He is driving and he starts to see that traffic is slowing down/getting backed up, he then jumps into the HOV lane because there was no way that he was going to make it to his appointment. After a while he starts to get worried/scared of being caught so he gets off and is in traffic which is starting to move a bit. Next the traffic comes to a halt again, he jumps back in the HOV lane (crossing double white lines), as he gets going he passes a sheriff. The sheriff doesn't immediately come after him, but does after a few moments.

The sheriff pulls him over and my uncle explains to him that he has to make this appointment because he does not know if this is an emergency or not. My uncle proceeds to show the sheriff his printouts of his appointment time and what the appointment was for.

The sheriff pretty much says that "Oh well I have to give you a ticket." So he starts off by giving my uncle a ticket for driving in the HOV lane with one person ($229) and another ticket for crossing the double white lines to enter the HOV lane ($229) making a grand total of $458.

What a douchebag!

My uncle gets to the appointment and finds out that the "hook" can be misunderstood by people who do not look at heartbeat patterns/waves every day. So he is fine, thankfully.

So pretty much how can he get the ticket dismissed/thrown out?

Thank you in advance for your help, it is much appreciated.

[Double White]

Well, his actions were illegal. I suggest speaking to a few lawyers.

[Sara]

Laws are laws. Exceptions cant be made or everyone would get off the hook easy. IMO he should pay it

[DougLikesBMW]

Wow - y'all think that the sheriff was justified in giving him the ticket? Sad.

Anyone who can actually help instead of agreeing with the idiot sheriff?

[Sara]

Originally Posted by DougLikesBMW

Wow - y'all think that the sheriff was justified in giving him the ticket? Sad.

Anyone who can actually help instead of agreeing with the idiot sheriff?

What your Uncle did was illegal. He should be thankful that all he got was a ticket.

[Double White]

No one is justifying what he did, at least I'm not. If I was the sheriff I would not have given him the ticket. We are simply just stating that the laws are pretty straight forward. What your uncle did was illegal, not wrong but illegal. Two different concepts. Talk to some lawyers, there is a bunch of lawyers that can fight the case and get it dismissed. You can even try to explain it to the judge, but the judge might be just as stern as the officer that sited your uncle.

[Sara]

Originally Posted by Double White

Well, his actions were illegal. I suggest speaking to a few lawyers.

His Uncle would probably pay just as much for a lawyer as the ticket cost.


I say pay it. Shit happens.

[DougLikesBMW]

So there is no way out, but to plead to the judge?

I thought I had some hope in posting here as most of the folks who get speeding tickets always have a bunch of people help them get the tickets thrown out.

[Double White]

Originally Posted by Sara504

His Uncle would probably pay just as much for a lawyer as the ticket cost.


I say pay it. Shit happens.

That's true, but the lawyer might just dismiss the case where as if he pays the fines he may not be eligible for traffic school and have a point on his record. I am not sure what the laws are in Texas, but I don't think speaking to a few lawyers would hurt.

[Sara]

Originally Posted by DougLikesBMW

So there is no way out, but to plead to the judge?

You can do that and hope the officer doesnt show up.

[Double White]

Originally Posted by DougLikesBMW

So there is no way out, but to plead to the judge?

From my knowledge, no. A violation is a violation. The final say is with the judge not the officer.

[DougLikesBMW]

Bleh - thanks for the help.

[Double White]

Np and Good Luck

[DougLikesBMW]

I hope the judge will have some sympathy. He was rushing to the airport to get a ticket so he can make it to his uncle's funeral in London.

Cancer sucks to say the least. LIVESTRONG.

[Sara]

Originally Posted by Double White

From my knowledge, no. A violation is a violation. The final say is with the judge not the officer.

I heard once that if you plead not guilty and the officer doesnt show up then its just thrown out.

[Double White]

Originally Posted by Sara504

I heard once that if you plead not guilty and the officer doesnt show up then its just thrown out.

That is true, but what are the chances of the officer not showing up, its pretty much a gamble. However, if a case is presented well enough, the judge can decide to dismiss the case regardless if the officer is present or not.

[san~man]

what did you expect everyone to say, that he shouldn't have received the ticket and that the sheriff was a dick for issuing it to uncle? You need to remember that the sheriff hears ALL the excuses under the sun, day in and day out.

Now that doesn't mean that uncle shouldn't contest the citation in court

[Big Windy]

Don't fight the ticket. Just pay it. It is dangerous when people do what your uncle did and there is a reason why you are only supposed to get in the HOV lanes at certain times. I've seen three accidents from people doing this exact same thing. I think that the fine might be a little inflated, but they are trying to make an example of people who do this because nobody obeys this law.

[DougLikesBMW]

Originally Posted by san~man

what did you expect everyone to say, that he shouldn't have received the ticket and that the sheriff was a dick for issuing it to uncle? You need to remember that the sheriff hears ALL the excuses under the sun, day in and day out.

Now that doesn't mean that uncle shouldn't contest the citation in court

No that's not what I was looking to hear, just looking for help on how to get the ticket thrown out.

[san~man]

Originally Posted by DougLikesBMW

No that's not what I was looking to hear, just looking for help on how to get the ticket thrown out.

Agreed. Just have uncle request a court date and have him explain the circumstances to the judge. The worst that can happen is he has to pay a fine, whether it's the orignal amount or a reduced fine. The best is that it'll be excused. Either way, he has nothing to lose.

Nth

[e90AW335i]

You will pay much more than 500 bucks for a lawyer. It will probably be close to 1500 or so......

[TiAg335i]

Should have called the ambulance if it was a real emergency so he could be transported much quicker.

Someone with irregular heart patterns shouldn't be driving anyway.