Ticket ? for any with legal knowledge

[SWAnnabee]

OK. I am sure this is going to start a debate because it already has here at my squadron. Here is the question; If you get pulled over for speeding, and the officer writes you a citation, which you elect to just mail in your check, are you, IN THE STRICTEST LEGAL DEFINITION, pleading GUILTY or NO CONTEST? Also, if it is no contest, does this constitute a CONVICTION? I have been told that, because you are not appearing in court to plead ANY case, it is technically a NO CONTEST and not a conviction. SO, any thoughts??

 

[SWAdude]

You are guilty...why the question to begin with?

SWAdude

 

[SWAnnabee]

Why the question.

The SWA application asks have you "EVER been CONVICTED of or PLED GUILTY to a traffic or moving violation." A couple of guys here who have filled the app argue that just paying the ticket and not actually appearing in court does not fall under either of these categories. I just got off the phone with our courthouse and they are certain that if you pay the ticket, that is an admission of guilt, and therefore you must report it on the app.

 

[acbarney]

If you read the fine print on the ticket, where you sign it, before you mail it in. It probably says something like "by signing this ticket and paying the fine you are pleading guilty to the offense"

 

[Vladimir Lenin]

yes, pleading guilty is an admission of guilt, hence the points on your record

why did you mail it in though? as opposed to pleading guilty in person and maybe having your fine reduced and a PBJ assigned?

 

[Farscape]

Just got off the phone with Lindsey and she said to put down whatever you can remember to the best of your knowledge, even if you think it's not on your record anymore. It does'nt sound like they're too worried about minor traffic violations so don't sweat it.

 

[ivauir]

Even several tickets won't cost you a job - BUT LYING WILL. So do two things:
1. Confess every and all tickets.
2. Stop speeding (or at least getting caught). And yes, on base counts.

 

[SWAnnabee]

Please don't shoot the messenger here. Although I posted the question, it was in response to a debate at work among several pilots who have been filling out the SWA app. I have already done mine, listing all the tickets but there were some here who had a different opinion on how and what the app question was asking. So, just thought I would post the question on this site and basically poll the answers to the guys here who are having questions. Thanks again for all the responses.

 

[Hose A. Jiminez]

If you havent gotten a ticket for driving a kick a$$ car way too fast , youre just not tryin'

 

[satpak77]

never EVER EVER plead Guilty EVER

do not ever just plead guilty with no further thought to a traffic offense, such as speeding, no seat belt, etc. NEVER.

First, try to sit thru a weekend Def. Driving course and the ticket will likely be dismissed once that is completed, depending on local jurisdiction

if that is not possible, the next step is enlist the help of a ticket lawyer to get the charge dismissed. So many people just plead and mail in the check, that the will likely just flat out dismiss it once he sees that it may be problematic to bring charges and a defense attorney is involved. It its a "41 in a 30" or a "no turn signal" he is gonna dismiss it. Period.

Technically, in Texas, the judge has to consent to dismiss a case, altho the prosecutor is the main player, he will bring in a stack of "for your dismissal your Honor" cases and the judge will eyeball them and rubber stamp them dismissed.

often, the case itself may not hold up in court anyway. If its a non-radar ticket, it is about 90% chance of dismissal.

in my area (Metroplex), the DA will not even pursue a DUI conviction if it is not on in-car video camera. Can the officer write a DUI? Yes. Will it get dismissed? (no video--->) Yes.

Also, "conviction" is accepted in legal circles to be a FINDING by a JUDGE or JURY that one is GUILY of a CRIME. It is the FINAL JUDGEMENT after a FINDING of GUILT.

So, if you do not fulfill the above criteria, you have not been convicted.

for further info:

(Texas traffic law section for dismissals and def. driv)

SWA is HQ in Texas

http://www.capitol.state.tx.us/statutes/cptoc.html

look up 32.02 and 45.0511

"conviction" defined (type it in)

http://dictionary.law.com/lookup2.asp

http://www.nolo.com/lawcenter/dictionary/wordindex.cfm

http://dictionary.lp.findlaw.com/



hope that helps