isn't this a capital crime in texas, subject to the death penalty?
tell Mark to kiss it goodbye.
assemble your evidence ... photos, charts, vascar calibration data (to see if the officer's vascar unit had been properly calibrated). create a time line of events ... primarily so that Mark will be consistent in his story (not that he would deviate as to the facts but that the presentation would be consistent). when you are there with him make sure you are dressed as an attorney would be. have Mark address you while there in the same way he would an attorney (Ms. 12thman). my experience was for the DA to approach me as my son's presumed lawyer and we cut a reduced plea (no points - no insurance hike). once he realized i was "dad" there were NO more concessions made. if nothing else works rely on the truth and hope you get an open minded judge. suspect it will be unneeded but coach your son how to always act respectfully in court .... refer to the judge as 'your honor', etc. that, plus conservative/respectful attire will add to his credibility when he explains his side of the story.
recognize the judge could be part of the system that knows it must generate revenue in this way as there are no other sources of community income. the truth may not win out.
here are some hints for the following site:
1) Dissect Your Traffic Stop
When you are initially stopped for a traffic violation do not argue your case at the roadside. Do be pleasant and courteous. Do not admit to ANY violation of the law. Let the police officer tell you what you did wrong, don't volunteer your opinions on the subject. Before you drive away, gather as much information as you can about the circumstances of the encounter and write it down.
2) Decide On Your Plea
While it may be tempting to just pay the ticket and forget about it, you will almost always be better off if you plead "not guilty”. Pleading "no contest" or "guilty with an explanation" will just result in the judge finding you guilty. Don't waste your time. When the district attorney finds out you're serious about fighting this traffic ticket, he will be much more inclined to offer you an attractive plea bargain.
3) Research The Law
In most instances, the ticket you received will contain a specific reference to the statute or ordinance, by number, that you allegedly violated. You can find the exact law or ordinance online, or in person at the city hall or a public library.
Read this material very carefully, including references to other laws and court cases. Is this law really the reason you were stopped and cited? Or, is the law referenced on your citation for some other violation and is in fact in error? Were your actions really in violation of this law?
A failure on the part of the prosecution to charge you with the actual violation described by the law will result in the dismissal of charges.
4) Research Enforcement Technology
Police across the country use different tools to enforce speed limits. The most common enforcement tools are radar, laser, VASCAR, and pacing. Find out what technology the officer used (it should be printed on your ticket) and learn as much as you can about how it works. NMA members have access to operator manuals and experts on the subjects of radar, laser, and VASCAR.
5) Gather Information
You'll need information to win. There are both formal and informal methods for gathering information. They include requests or motions for discovery; open records or public records requests; interrogatories; depositions; as well as subpoenas. Do not rely on courthouse personnel to help you, they are typically as unhelpful as possible. Their standard line is "we do not provide legal advice."
Discovery Request
This is an information request you would make to the prosecutor, usually the District Attorney, for information related to your case. Some states mandate that certain kinds of information must be released to a traffic ticket defendant. Other states specifically relieve the prosecution from any responsibility to fulfill a discovery request.
If your state mandates that certain items be given to you and they aren't, or the court orders that certain items be given to you and they aren't, you can ask for a motion to dismiss for failure to provide discovery. The motion will be granted or the court will order the prosecution to provide the requested information.
Public Records Request
Public records laws are called different names in different states, but their intent is to make public records available to all citizens. Public Records Requests are independent of the court and your trial, and the failure of an agency to provide requested records will not automatically result in a dismissal of charges. NMA members can obtain a sample Public Records Request form online instantly.
6) Learn Court Procedures
Learn the basic procedures for presenting your case in court. The police officer will testify first, and any other witnesses the prosecution has will follow. You can cross-examine the police officer and any other witnesses against you. You need to know if your violation is considered criminal or civil, because court procedures are different for each situation. Attending an earlier court session is an excellent way to get a feeling for how the court conducts traffic ticket trials.
7) Consider A Continuance
There are many good reasons to request a continuance (an extension of your trial date):
It allows more time for the police or the court to respond to your information requests.
It gives you more time to do the research you need to prepare your defense.
It decreases the chances of the officer being available to testify against you.
It decreases the chances of the officer remembering specifics about your traffic stop, which increases your chances of winning.
You may request a continuance for any of several reasons. Work conflicts, school schedules, health problems, vacations, and the need for more preparation time are all acceptable reasons for requesting your court date be extended.
Prepare Your Defense
This is where you take all the information you've gathered and choose the defense strategy that has the best chance at getting your ticket thrown out.
The prosecution must prove three elements.
Your vehicle was at the scene of the alleged violation.
You were operating the vehicle.
That while operating your vehicle, you violated a specific law.
In most instances the first two elements are readily proven. However, in many cases the failure of the prosecution to prove one of these first two elements has resulted in the dismissal of a traffic ticket. For example, the vehicle may have been misidentified. Perhaps the arresting officer lost site of the offender's car between when he clocked the vehicle's speed and when he finally stopped the vehicle. Of course, if the prosecution fails to have a first-hand witness that could testify to seeing the vehicle, witnessing the violation and identifying you as the driver, the case will be dismissed, IF YOU MAKE A MOTION FOR DISMISSAL.
This is most commonly exemplified by those situations where the police officer doesn't show up for the trial. If one police officer identified your vehicle and observed the violation and another officer pursued you and issued you a citation, both officers would be required to be at your trial.
9) Pre-Trial Conference
The pre-trial conference may be a separate event on a separate date from your arraignment date (the date on your ticket is usually your arraignment date). But more often the pre-trial conference or negotiations will take place at the time of your arraignment.
Depending on the formality of the court; the judge, or the prosecutor, or possibly even the arresting officer, will encourage you to plead “guilty” or “no contest” to avoid the time and expense of a trial. In return they will typically offer a reduced fine and or reduced points for your violation. At that point it’s up to you to weigh your chances at trial versus accepting the lesser penalties offered by the prosecution.
10) The Trial Process
Typically, the officer will be the only witness against you. When you are done cross-examining him it will be your turn to present your side of the story, your defense. If you had a passenger in the car at the time of your apprehension and that passenger will confirm your description of events, have her there to testify on your behalf. A letter or signed affidavit will not be accepted as evidence. The real person has to be there, just like the police officer has to be there, to make themselves available for questioning by the opposing party.
If your violation was a civil infraction the judge can compel you to testify, although that seldom happens. If your violation was a criminal offense you cannot be compelled to testify, but you can testify if you choose to do so. If you completely and convincingly dismantle the arresting officer’s claims and it seems the court agrees, there is no reason to testify.
http://www.motorists.org/fightticket...icket-fighter/
good luck, but be prepared to give him the "justice is blind and deaf" talk if justice is blind and deaf that day. it can be a demoralizing experience for a young adult to see first-hand that the system isn't always "fair"