Our county is seeing a flood of speeding tickets, mostly to CDL holders (a by-product of living in the heart of the Eagle Ford shale). I will be prosecuting at the JP level unless I see an appeal. I am searching for a good plea that is acceptable to offer CDL holders.
Lower the fine or jury trial. You don't want to do anything to undermine the intent of the Legislature in preventing deferreds on these cases, like CSR for a dismissal. Justice Court prosecutors are put in the tough position of enforcing this restriction, even against CDL holders who commit a traffic infraction on personal time in their personal vehicles. It's frustrating and most of us have been there....
Posts: 66 | Location: Travis County, TX, USA | Registered: August 04, 2008
If they were in their personal vehicle, we allow them to plead to a speed lower than that alleged in the complaint (e.g., 74 in a 70 instead of 81 in a 70), and the JP court reports the disposition to DPS.
Since it's less than 10% of the posted speed limit, it might have less impact on their CDL.
Some drivers are happy with that, others say they can't take a conviction no matter what. I think we all feel bad for them.
