Posted on 4/23/2004, 2:26:03 PM by chance33_98
Woman claims officer added extra citation to her ticket
woman says an HPD officer gave her a speeding ticket, then added an extra violation after she drove off. And her situation didn't get any better when she went before a judge.
The Houston Police internal affairs division is currently investigating Officer V. de La Garza. A spokesperson for Houston municipal courts says Judge Gladys Bransford cannot comment because this is still a pending case. But the woman who got the extra citation is speaking out loud and clear.
I was real, real angry. Very furious," recalled JaShonda Hamilton.
Hamilton has a bone to pick with Houston police and the municipal court system.
She said, "I was very upset, because I felt burned twice."
Hamilton was issued a speeding ticket by Officer V. de La Garza back in February.
"The officer came out and stopped me," said Hamilton.
Hamilton admits she was speeding. But when she went to court on Monday to appear before Judge Gladys Bransford, she says she got blindsided.
Hamilton said, "I was getting ready to take care of my responsibility. And once I got to court, that's when they told me, 'Oh, you have a seatbelt ticket also.'"
Eyewitness News was shown a pink copy from Hamilton's original ticket. It clearly shows she was cited for speeding. But the white copy the court has on record is a little different. It has two violations -- one for speeding, and one for not wearing a seatbelt. Hamilton says Officer de La Garza put the seatbelt violation on after she drove away.
She insisted, "You can plainly see the seatbelt ticket added on."
Hamilton says it's dishonest and wrong.
"That officers can go around, putting any kind of charges on you, and you not know about them," she said.
Houston Police say according to department policy, an officer is not allowed to add another infraction on a citation after the person has driven off.
Hamilton admitted, "If I was wrong, I would accept that."
Hamilton says Officer de La Garza admitted to Judge Bransford she added the seatbelt violation afterward. Hamilton reiterated to the judge she was wearing her seatbelt, but it didn't help.
She explained, "And I explained to her, yes, I did have it on, and she said, 'Well, I'm finding you guilty anyway, and you have to pay the fine, which is $110.'"
Hamilton is filing an appeal. But until the issue is resolved, she has this message to both police and the court.
"I don't trust them," she said.
Hamilton has 10 days to appeal her seatbelt violation. She's in the process of hiring an attorney to handle her case. Again, Judge Bransford's office is not commenting on the case. And Houston police say Officer V. de La Garza is still on duty pending her internal affairs investigation.
There are a few things to know to help avoid complications if you should happen to get a traffic ticket yourself. Arriving on time - with your driver's license, proof of insurance, and a copy of your ticket - will make things easier for you.
As for the officer's side of it, you need to have signed your ticket, and the officer must be in court as well. Also, read the back of your ticket, where your plea and payment options are explained.
Interesting that, according to the article, JaShonda admitted she was speeding. Why not just pay the ticket and be done with it?
Methinks she was going there to deny speeding, saw the seatbelt charge, and seized the opportunity.
The only ticket I have ever gotten was for expired tags (I made the mistake of taking my now X wifes car to work that day). I read the citation and showed up at court and waited like it said. Turned out all I needed to do was go to some window to pay it, but that was not clear and I was not taking any chances (I was 22 at the time I think).
Going to Houston's kangaroo traffic court is an utter waste of time. You could show up with six thousand witnesses who would swear you were giving communion at the time in a public arena, and the "judge" would still find you guilty.
The only way to beat a ticket in Houston is to hire a lawyer. As I was cooling my heels waiting for the "judge" to pop her thumb out and get to my case (I stupidly showed up ten minutes early only to wait two hours and ten minutes), I noticed every lawyer got their case dismissed, and every average Joe or Jane was found guilty. No exceptions, no attention to the facts, no interest in the defendant's side.
Ticket in Houston ? Pay it or hire a lawyer.
The following happened to a friend of mine in New Jersey recently:
Got pulled over for speeding. Trooper approaches the car and asks the usual: License, Insurance, Registration. He keeps his wallet with the license and registration in his back pocket. In order to get at that back pocket, he removes his seat belt. Gets a ticket for no seat belt on top of the speeding ticket even though his car was stopped and the engine was not running when he removed the seat belt. The judge laughed at him when he tried to challenge the seatbelt portion of the ticket. LAUGHED AT HIM.
A word to the wise - if you are in a car in New Jersey, no matter what you are doing...put your seatbelt on
Oops! Did I say she didn't have a right to do that? Let me check. Nope, I never did say that.
Let me check to see if I even implied that. Nope, not even close.
Now, what prompted you to make that statement and use the term, "comrade"? Did I deserve that?
Bingo ! It's a waste of time to go. EVERYBODY'S GUILTY.
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