June 09, 2011, 09:57
MMartinPlea bargaining with CDL speeding offenders
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.
June 09, 2011, 12:28
GPuryearLower 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....
June 09, 2011, 15:32
JonathanMIf 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.