JSuppi

OK this is a quick question, hopefully someone will provide me with some good feedback (and hopefully i'm not screwed).

Basically I received a ticket in 2000 (August) for 'racing' by the Ft. Bend Constables, I was under the impression that I could take defensive driving and have the ticket dismissed (like completely off my record) yet I tried to get another quote on my insurance today and it is still on my record.

I know this is probably a mute question (since they told me I could take it to dismiss the ticket, but they could have been mistaken and I just wasted taking DD for no reason), but can defensive driving be used to dismiss a racing ticket? I want to have some information that I can take into the JP and not look like a complete fool, or idiot for that matter.

badazzTL

what were you racing and who won?

tdoh

JSuppi--I'm not from Houston and as such, I don't know how the traffic court system works down there but...wouldn't you have to request for DD (I assume that it is the same as "traffic school") or be given permission to take it first? I don't know whether you asked to take it or not but your post implies that you decided to just go ahead and take it without requesting to do so while assuming that doing so would automatically dismiss your ticket.

Speaking of which, a typical "racing" ticket is probably a misdemeanor instead of an infraction, thus usually requiring a court appearance. Again, I don't know how it works in your area but I can't imagine being able to just go to traffic/defensive driving school for a serious offense such as what you were cited for without some judge/court okaying you to do so. FWIW--I don't know of any traffic court here in CA that would automatically let someone who got cited for a traffic misdemeanor like racing be able to go to traffic school without reviewing the case first.

JSuppi

Here in Texas (the way I did it), you haveto go into court and pay the court fee and plead 'Nolo Contendre' or 'No Contest' and then they give you all the forms to take defensive driving which you must complete and submit to TXDPS which OK's you to take it (you have not had a moving violation within 1 year, used tom be 2, but they reduced it to 1 during the last Legislative session).

Upon completion of the course you bring the completed DD form in (showing you completed the course), and the form from TXDPS.

I followed all the procedures, and was under the impression since the court had OK'ed me to take it (I don't have any outstanding warrants...which is definetly a good thing, but needless to say somehow it cleared my record from the courts perspective, yet the citation was still in my record at the state level :? :? :?).

Thanks for the replies, and would appreciate any further ones (especially from folks in the Houston area, or surrounding regions).

I found out that racing wasn't worth it (one of the only times I decided to do it, and a bad decision on my part), but hopefully it doesn't haunt me for the rest of my life

thomas_rp

Jsuppi,

Let me get this straight. You got a speeding ticket and you pleaded no contest and decided to take defensive driving.

You showed the court your valid license, proof of insurance with your name on the insurance and paid $65 as court fee. You then paid $10 to TXDPS for your driving record (you knew it would take long to get that so you applied for it in advance). You then took defensive driving within 90 days.

You then brought the TXDPS record and proof that you completed defensive driving within 120 days.

And you are saying that the ticket still exists on your record???


-Tom

JSuppi

Tom,
That is correct, I would assume it shouldn't be since doing a little research it is still a Class C misdemeanor. I think the court probably made a little mistake, and hopefully this should get resolved with fairly little to no problem (i'm hoping )

2fasttl

Well I live in Sugar Land probably where u were speeding and how it works is. You are for sure that you have never taken a defensive driving class in the last year and you returned all your papers on time. I think u should have just took the 3 month probation thing. But my insurance does not know about the ticket plus i got the 15% off insurance with my defensive driving. So my suggestion for u, if u can't get it off your record just send the 15% off to your insurance.

JSuppi

I definetly do not condone racing, but this is what I found out concerning my racing ticket (I knew my law school days would come in handy , found this information after reviewing the Texas 'Blue Book').

Interpreting the law, it appears that in Texas (of course depending on your local laws and city ordinances, etc.) you are apparently allowed to take Defensive Driving for any moving violation, except exceeding >25mph over the posted speed limit (which meant that I could take it for 'exhibition of speed' or aka 'racing' and it would should have removed it from my driving record), now I didn't interpret it against speeding in a school zone (which I suggest not doing completely so don't ever do it!!!), but also found out that speeding in a school zone, or through a construction zone will double your fines (and possibly prevent the ability from taking DD).

Just thought this information might be alittle handy for someone else, should they ever get into the situation I was in