What A Carrollton Traffic Ticket Lawyer Can and Can’t Do

Date March 27, 2013 - By Jeffrey Beltz


Carrollton Ticket Attorneys

What Should Expectations Be?

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Carrollton Ticket Lawyer

Jeffrey J Beltz

If you have been cited for a traffic ticket in Carrollton and need the assistance of an attorney to resolve the matter, this article is intended to help you understand what a ticket attorney can and cannot accomplish.  If you would like to discuss your Carrollton traffic tickets with a legal professional after reading this article, feel free to contact our office today.

 

What A Lawyer Can Do

  • EDUCATION

Lets start with the easy question.  What is it that a lawyer can do for you in Carrollton Municipal Court once you have been cited for a traffic violation.  First, we feel it is the obligation of that lawyer to inform you of the current law related to the traffic violation.  Education is a key component that is missing in legal representation today.  Everywhere you look attorneys are trying to hide information from their clients.  Part of this action by attorneys is due to the fact that they simply don’t have the time to discuss every single traffic ticket with every single client.  However, the other part is based on the assumption that was taught to all young lawyers in law school.  The only thing you have to sell to the public as an attorney is your time and your knowledge.  If you give either of those two things away for free, then you will soon find yourself out of business.

 

This axiom is only half true in our opinion.  An attorney’s time is valuable.  This does not come free.  However, educating your clients makes better clients.  Better clients make the job of the attorney much easier.  It is an attorney’s job to educate the client with the good news and the bad.  For example, it may come as a surprise to some that hiring an attorney does not guarantee dismissal of your case.  We recently handled a traffic ticket for a commercial driver who was alleged to have gone 65mph in a 30mph zone.  The client was shocked that we didn’t walk in waving our magic wand and have the case magically disappear.  The client neglected to look over the fact that the speeding offense took place directly in front of an elementary school while soccer practice was being conducted.  In the client’s mind, they hired a lawyer and the ticket should have gone away.  No matter how much we educated the client with regard to the law and court procedures related to offenses of this type he refused to hear the message.

 

These situations are going to happen in any profession.  However, it is your goal not to be this person.  Ask questions that give you the true outlook for your case.  Ask questions about the law that applies to your case.  Ask your lawyer what a reasonable outcome for your factual circumstances could be.  As for both best and worst case scenarios.  Then, allow your attorney to try to meet or exceed those expectations based on their performance.

  • ADVOCATE

Once the client has been educated, it the ball shifts to the attorney’s side of the court to advocate your position.  Advocating does not mean screaming at court staff, judges and prosecutors because you are angry about getting the ticket.  Advocating is a term of art used to describe the attorney’s ability to press your interest forward in a way that gets the best possible result for your case.  The better an attorney is at advocating, the better your case will look to the prosecutor and judge who both play pivotal roles in processing your case.  If a case is eligible for dismissal you must have a strong advocate that will be willing stand up and point out why.  If a case is solid, then it takes a stronger advocate to ensure that the punishment handed down is mitigated by as much as possible.

 

Again, not every case will be dismissed.  As an advocate for our clients we are able to at least protect the driving record of those clients who have cases that are not dismissed.  We are also able to negotiate payment terms that work for each individual within reason.  Cases can be reset to get more time to come up with compliance documents.  Cases can be reset to come up with fees owed to the court after a plea is negotiated.  Advocating is a key element to good representation and it takes on many forms.  Make sure you set forth your goals and expectations early in the process with the lawyer regarding your budget, compliance documents, etc. so that the attorney can advocate for you to insure you have the time and money necessary to successfully complete any terms required by Carrollton Municipal Court.

  • COMMUNICATE

A key part of representing clients that is ignored many attorneys is the idea that every client that hires a you is an opportunity to develop a relationship.  Nobody wants to hire a lawyer.  We get that.  Not every outcome will be a dismissal either.  What you want from your attorney is the truth.  You also want good communication.  This does not mean that the lawyer should be required to babysit the client.  It should not be the responsibility of the attorney to tell you what needs to be done, send you e-mails telling you to get it done, call you to tell you to get it done, then get you out of bed in the morning to make sure you get it done.  We have had clients hire us and then neglect our phone calls or change address contact information and not tell us.  We get calls from them years later to have them say, “why didn’t you tell me?”  Our first response is why didn’t you tell us?  Good communication is a two way street between you and your lawyer.

 

However, this does not mean that the attorney should not be able to relay key information to you in way that is agreed upon by both the parties.  For the most part, we prefer to communicate key information by e-mail.  It is much faster than first class mail and much more efficient than calling each individual client.  Every business has a customer satisfaction ratio based on the price paid.  What we have found is that e-mail is the most cost effective while still keeping a high customer satisfaction ratio for those who do not ignore the messages.  They key here is once you get any message from your lawyer to read it (simple right).  If you read it and don’t understand the message, then call your lawyer.  If you read it and understand the message, then perform the steps or actions necessary to assist the lawyer to get the best possible result for your case.

  • CONCLUSION

If you are able to achieve all of these elements from hiring a lawyer, then you have received excellent service.  Does this mean your case was dismissed as a result of hiring a lawyer?  Of course not.  But you got an honest service for honest pay at this point.  If you would like to discuss your case with an experienced ticket lawyer in your area, contact our office today.

Speeding In Construction Zone Tickets In Carrollton

Date March 27, 2013 - By Jeffrey Beltz


Carrollton Speeding Ticket Defense

Speeding In A Construction Zone

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Lawyer In Carrollton For Speeding Ticket

Speeding In Construction Zone Tickets

Carrollton Municipal Court is considered one of the most difficult courts in the metroplex to resolve traffic citations.  The court procedures are very strict and the focus is on generating revenue for The City of Carrollton more so than offering advantageous circumstances for the defendant accused of violating traffic laws.  This article is intended to assist those who have been charged with speeding in a construction zone in Carrollton.  If you would like to discuss your case with a legal professional after reading this article, feel free to contact our office at your earliest convenience.

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Construction Zone Laws

There are many different laws attached to construction zone tickets.  However, the speeding portion of the law is basically the same as any other speeding ticket issued.  The police officer must prove that you were speeding by visual reference and verifying that reference by radar or lidar equipment that was working properly at the time it was used.  The speed must be proven to be unreasonable and imprudent under the circumstances then existing.

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If all of this can be proven beyond a reasonable doubt, then you have a solid speeding in a construction zone case with regard to the speeding element.  The second element is that the signs must be properly affixed at the beginning and end of the zone to notify the driver that they are in a work zone.  The signs need not be at every intersection within the zone.  They merely need to be at the beginning and end of the stretch of road being worked on.

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The third element that must be proven is that workers were actually within the work zone when stopped.  If it was after 5pm or before 8am, there may be a very good argument to make with regard to workers being present.  It must be understood that the workers need not be directly in front of the driver when pulled over.  They need only be in the zone.  That means anywhere in the zone.  If you pulled into the zone at an intersection and are pulled over past the workers, it will not matter.  The entire zone has to be free of workers.

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Once all of these elements are proven beyond a reasonable doubt, then Carrollton Municipal Court can double any fine that would normally be handed down for speeding.  This does not include court costs.  Maximum fines usually total around $500.00 after court costs are included.  Further, deferred adjudication and defensive driving are specifically denied to those who have been charged with speeding in a construction zone with workers present.  It is an all or none scenario.  Either you win at trial or the case goes on your record.  There is no middle ground.

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Hiring A Carrollton Lawyer For Construction Zone Tickets

With all of this in mind, you have to be aware of the task you are asking your lawyer to complete successfully.  There is a high likelihood that you could end up unsuccessful at keeping the violation from going on your permanent record at the end of the day regardless of whether you hire a lawyer or not.  A lawyer can help mitigate the damage by requesting that the prosecutor reduce the fines or remove the workers present endorsement.  However, there is no guarantee of success that any defense strategies will work.  As long as you have reasonable expectations of your lawyer, then both of you can work towards the best result for your case without turning a very difficult situation into a blame game where the lawyer is criticized for putting forth maximum effort, but falling short of the goal of keeping the violation off your permanent record.

Avoiding Driver’s License Suspensions In Carrollton For Traffic Tickets

Date November 27, 2012 - By Jeffrey Beltz


Traffic Ticket Convictions In Carrollton

How To Avoid Driver’s License Suspensions

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This article is intended to shed light on issues related to traffic ticket convictions in Carrollton, Texas and how to avoid convictions.  Carrollton Municipal Court has long been known as one of the most rigid courts in the North Texas area.  For this reason, you are going to have to have expectations that are in line with the type of court you are dealing with.  Your legal defense needs to be based on the reality of the situation in an effort to protect your driving record and ultimately save you money.  If after reading this article you would like to discuss your case with a traffic ticket attorney in Carrollton, feel free to FILL OUT OUR TRAFFIC TICKET QUESTIONNAIRE or CHAT ONLINE with our legal team.

 

Traffic ticket convictions can only happen one of three ways.  First, if you just go down and pay the ticket off, then you are looking at getting a traffic ticket conviction.  The Code of Criminal Procedure Article 27.14(c) grants Carrollton Municipal Court the authority to count that payment as an admission of guilt.  This then allows Carrollton to report the admission as a conviction to The Texas Department of Public Safety.  Once the conviction has been reported, DPS will then determine what type of civil punishment should be assessed against you.  Some of the punishments handed down on a daily basis by DPS are as follows:

  • The Suspension Of A Person’s Driver’s License
  • Surcharge Penalties
  • The Requirement To Purchase and Provide DPS With SR22 Insurance
  • The Requirement to Obtain An Occupational License To Drive Legally

The days of paying off tickets is over.  You have to contest each and every violation no matter the charge in order to protect yourself from these very serious penalties.

 

The second way a conviction occurs is by doing jail time for a ticket and being granted time served.  This way is even worse than just paying off the traffic tickets because your liberty was taken away from you and you will still be required to deal with one or more of the punishments listed above.  This method does not save you money.  It will only cost you more money.  Don’t do it.

 

The third way a conviction is reported is when a deal is negotiated to keep a ticket from being reported as a conviction in Carrollton and you fail to adhere to the terms of the agreement.  For example, not turning a driver’s safety course certificate or failing to provide the court with proof of insurance or any other document requested.  If you enter into an agreement with Carrollton Municipal Court, you must make sure to follow through with any and all conditions set by the court or risk having your case reported to DPS.

 

 

The Right Way And Wrong Way To Lift A Warrant In Carrollton

Date November 15, 2012 - By Jeffrey Beltz


Warrants Lifted In Carrollton

Avoiding Warrant Mistakes

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We have represented thousands of people in Carrollton and the other surrounding cities for warrants and other ticket related matters.  One of the biggest mistakes we see people make in handling a warrant is to panic in response to the threat of arrest.  This panic can cause people to make really poor decisions related to underlying ticket.  This article is intended to explain some of the most common mistakes people make when handling a ticket in warrant in Carrollton, Texas and how to avoid those mistakes.  If after reading this article you would like to discuss your case with a legal profesional, we encourage you to CLICK TO CHAT or fill out our Warrants In Carrollton Questionnaire.

 

Wrong Way To Lift A Warrant In Carrollton

The most basic mistake that most defendants make is to think they are saving time and money by simply going in to Carollton Municipal Court and paying the warrants off.  Because the Code of Criminal Procedure allows courts to treat your payment as an admission of guilt, you have now been convicted of the charge alleged in the ticket.  Convictions are monitored heavily by Texas DPS and is used as ammunition to suspend your driver’s license.  Further, DPS can charge you surcharge penalties that total as much as $260.00 per year for each violation for a 3 year period.  This is above and beyond any fines you paid to Carrollton Municipal Court for lifting the warrant.  Now you see why we state that this is the biggest mistake a person can make when faced with a warrant.  The financial ramifications of resolving a warrant this way can be so detrimental that they can cost a person their job and their ability to provide for themselves and their family.

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The Best Way To Resolve Warrants In Carrollton

The bottom line is that you are going to need legal assistance if you have warrants pending in Carrollton or any other court for that matter.  This is the only way to insure that a buffer is placed between you and a money hungry court that has no real interest in protecting you against yourself.  Carrollton Municipal Court is in the business of collecting money as fast as possible, not with making sure you understand the law and make the best decision for you.

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As traffic ticket lawyers in Carrollton, our office is called on daily to lift warrants and protect the driving records of people facing arrest in Carrollton, Texas.  We are not magicians.  We are solid lawyers that love working in cooperation with our clients to resolve the warrants in a way that allows that person to move on after the incident without any of the negative consequences that could happen due to a conviction.  If you would like to discuss your warrants with an experienced legal team, we invite you to call our office to discuss your warrants today.

How To Avoid Inspection Tickets In Carrollton

Date October 17, 2012 - By Jeffrey Beltz


Inspection Tickets In Carrollton

Carrollton Traffic Ticket Attorneys

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If you have received a traffic ticket for expired inspection in Carrollton Municipal Court you may be able to get that violation dismissed even if the sticker was past due.  An experienced traffic ticket attorney in Carrollton can evaluate the traffic ticket to determine if the case would be eligible for dismissal based on the amount of time it took to get the inspection done after the expiration.

 

The law allows a driver 60 days after the expiration of an inspection sticker before it is considered ineligible for dismissal.  The problem is that Carrollton Municipal Court will not give you that long to ignore the traffic ticket.  A ticket lawyer in Carrollon can plead “not guilty” for you at the court.  This will reset your court date for 30 days and give you enough time to get the car/truck inspected.  If you need more time, a traffic ticket attorney can reset your case again.

 

If you need advice on how to handle your inspection ticket in Carrollton or any other traffic violation you may be dealing with, we encourage you to call our experienced legal team today.  We are a full service law firm ready to help protect your driving record and legal rights.

What To Do If You Are Pulled Over For Speeding In Carrollton

Date October 17, 2012 - By Jeffrey Beltz


Getting Pulled Over In Carrollton

Carrollton Traffic Ticket Lawyers

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Many people that get pulled over for speeding go about it all the wrong way.  Some of our clients in the past have argued so vehemtly with the officer that they were on the verge of being arrested.  Regardless of how you feel about being issued a traffic ticket the keys to insuring you can have the best defense possible are to do the following:

  • Be “forgettable”:  Try not to stick out in any way.  Officers write hundreds of traffic tickets a month.  The less you stick out, the less they are going to remember who you are when a trial is set 6 months to a year down the road.
  • The time to question the speed is not while being pulled over.  Cops make mistakes just like anyone else.  If this cop is being questioned by you about location, speed, etc. they will start to get the idea that you are going to contest the matter and be very thorough.  If they think you are not going to fight it, they will tend to be less concise.  Make sure you mark down your view of the the circumstances.  What was traffic like?  What were the road conditions?  Where was the officer located?  Are there errors on the ticket?
  • Don’t ever admit guilt or apologize during your conversation with the officer.  Many of those conversations are video taped and will be used against you at trial.  Assume that everything is being video taped regardless.

If you have questions about your traffic tickets in Carrollton, Texas that you would like to discuss with a ticket attorney call our office today.

How To Keep A No Insurance Ticket Off Your Record In Carrollton

Date October 17, 2012 - By Jeffrey Beltz


No Insurance Tickets In Carrollton

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No insurance tickets In Carrollton Municipal Court can cause serious damage to a person’s driving record and can also cause a lengthy driver’s license suspension issue if not handled properly.  Some of the possible ramifications of a no insurance conviction are as follows:

  • Suspension of Driver’s License
  • Requirement to Purchase SR 22 Insurance
  • Surcharge Penalties Totalling $750.00
  • Fines and Court Costs In excess of $350.00

In order to get an insurance ticket dismissed in Carrollton Municipal Court You must have one of the following:

  • Proof of Insurance establishing coverage on the date and time the ticket was issued
  • Current Proof of Insurance Purchased after the offense

If you only have current proof of insurance, the case will only be dismissed after providing the court with the current policy binder and paying a deferral fee to the court.  As a condition of the deferred agreement the policy must remain in effect throughout the deferral period and no new traffic tickets can be received.  If you would like to discuss your case with a traffic ticket attorney in Carrollton, call our office today.

Lawyers That Defend Speeding Tickets In Carrollton

Date October 17, 2012 - By Jeffrey Beltz


Speeding Ticket Attorneys In Carrollton

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  • Speeding tickets are the most commonly issued ticket across Texas.  They are also one of the main reasons people are stuck with higher insurance rates, suspended driving privileges and financial penalties from DPS.  However, the issue of speeding tickets can be lessened if you choose to handle them properly when they are received.  The goal of any experienced traffic ticket attorney in Carrollton is to keep the driving record of their client clear.  This goal has to be balanced with the expectations of the individual client.  However, if good legal advice and counsel are given to the client, many times the lawyers goals can be synchronized with the client’s.
  • This level of communication usually starts with a Carrollton ticket lawyer outlining the law that has been alleged to be violated.  Then the legal defenses to the law must be reviewed.  After this, the client must be provided with options both for trial as well as settlement options to avoid trial.
  • If a Carrollton traffic ticket lawyer approaches each case like this, then the client can ascertain all the options available to choose from.  These choices are really the key to good legal representation.  After all, it is the individual client who must live with the results of their choices.

NTTA Top Violators Defended By Carrollton Ticket Lawyer

Date October 17, 2012 - By Jeffrey Beltz


  • There are many blogs out there that are dedicated to calling toll violators “dead beats.”  It is sad really the type of information these people really have to make that type of judgement on many people who are alleged to owe tolls to the NTTA across the metroplex.  Many of the people we represent on a daily basis are hard working middle class citizens that lost a job or went through a deep financial struggle at one point or another.
  • Once they got back on their feet, trying to negotiate with NTTA was so difficult that many simply threw up their hands in despair.  Customer service as given by the NTTA is almost non-existent.  Trying to resolve a debt with NTTA is so frustrating that by the time you actually get someone on the phone who knows what they are talking about you may have already been issued a ticket in justice court.  They then try to allege that you had plenty of opportunities to resolve the matter because they, “sent you letters” demanding obscene mark ups on the actual amount owed.
  • If you have tickets issued through the NTTA in justice courts across the metroplex, you are going to need a solid attorney on your side to avoid getting taken advantage of during the settlement process.  Our experienced traffic ticket lawyers in Carrollton can assist you with any case you may have across the metroplex.  Call our office today to discuss your issues with NTTA.

NTTA Sends 6000 Cases to Civil Law Firms

Date October 17, 2012 - By Jeffrey Beltz


NTTA Toll Violations

Toll Ticket Attorneys In Carrollton

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NTTA Chair Paul Wageman, flanked by Rep. Linda Harper-Brown (left) and Sen. Florence Shapiro, listens to the Texas Transportation Commission debate SH 121′s future, in June 2007

  • After attending a hearing in Justice of The Peace Precinct 4-2 in Dallas County yesteday we found out that the NTTA has turned over 6000 toll violation accounts to civil law firms for collection.  At this hearing we were there to represent an alleged toll violator to negotiate with the NTTA a restitution amount to settle the account.  They informed us that they could not negotiate restitution because the file had been sent to one of these law firms for collection.
  • This is a disgusting tactic that is being used prematurely in most cases.  As Defense attorneys we are hired every day to represent toll ticket cases across the metroplex.  Most of these cases are received after the NTTA files a ticket with a justice court.  This allows our ticket lawyers to go into these hearings and resolve the matter with the NTTA and the justice court.  However, if NTTA does not have the ability to negotiate restitution, then why would we settle the case with the justice court?  NTTA has sent these files to collection law firms without retaining the authority to negotiate restitution directly with the defendant.  This means that the defendant has no incentive to settle anything in the justice court.
  • We are recommending that every defendant set their case for trial to force the NTTA to prove each and every violation beyond a resonable doubt.  At this point we believe most of the tickets filed with the justice courts will be dismissed.  The collection law firms are not interested in restitution.  They are interested in collecting the obscene fees that are alleged by NTTA so that they can receive a percentage of the total amount owed.  If you have received a collection letter from a civil litigation law firm, we encourage you to call our office to discuss this matter.