Legal Question in DUI Law in Texas

I received a ticket for: Open container violation, speeding (42 in 30), and no proof of insurance. This was in Harris county Tx.

The total of the 3 violations is $630 (although the insurance should be thrown out since I do have proof of coverage at time of ticket)

Should I try to fight it?

Asked on 3/16/11, 5:30 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

Sure, why not?

Demand a jury trial. You'll probably be found guilty, but the JURY assesses punishment, not the cops. What they're charging you (the total fine they want) represents the MAXIMUM fine. A jury can decide that your fine should be $40.

Demand a jury trial, and don't let them talk you out of it (I GUARANTEE you that, on the day of trial, the prosecutor will try to talk you into a plea bargain).

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Answered on 3/17/11, 2:13 pm

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