Episode Transcript
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SPEAKER_01 (00:00):
All right, I'm here
with the biggest and best
traffic lawyer here in El Paso,Mr.
Navarro.
How are you?
It's good to see you again.
Good to see you.
Traffic Tickets 915.
So I just want to kind of justpick your brain a little bit and
just kind of see what servicesyour law firm offers in terms of
traffic tickets, warrants, andof course, occupational
(00:21):
licenses.
So we're just going to go downthose three, if that's okay.
Sure.
Okay.
So you do traffic tickets and...
Somebody gets a speeding tickethere in El Paso, say they're
just cruising on I-10 goingtowards the west side or
whatever.
They get pulled over by a policeofficer for going too fast.
What do you recommend they do atthat point?
SPEAKER_00 (00:40):
Well, you know,
nobody likes to see a police
officer turn on their lights andtheir sirens and get behind you.
You know, it's unfortunate andit's not a pleasant thing to
deal with.
What I recommend you do is assoon as you're able to safely to
put on your blinkers and pullover.
(01:01):
Now, if you're on the freeway,it's ideal to try to take the
next nearest exit.
Don't try to outrun the officerbecause they will call
assistance and they will arrestyou.
A lot of people think, okay,well, if I'm in the fast lane,
do I pull over to the emergencylane?
If you're on a major freeway,especially here in El Paso,
(01:25):
there's always traffic on I-10.
I recommend you go ahead andjust try to take the next exit.
The officer will follow you.
As long as you're not drivingyour vehicle aggressively, make
any appearance that you'retrying to escape the officer,
it's better to go ahead and justexit off the freeway and put
your blinkers on, of course.
Try not to violate any otherlaws because I've seen officers
(01:49):
will give you multiple citationsif you're crossing double white
line or something or if you'renot using your turn signal make
sure that you're using all yourturn signals exit off the
freeway pull into if you can thenearest street or business then
go ahead and roll down yourwindows and make sure your hands
(02:12):
are placed above the steeringwheel because officers will
approach you from the driver'sside but they'll be at an angle.
And the reason why they do thatis to make sure that the
occupant doesn't have any gunsor firearms.
So make sure your hands arevisible at all times.
And they'll probably ask you forsome questions.
(02:34):
They'll tell you the reason whythey stopped you.
And just cooperate with theofficer.
Don't be rude.
If the officer says you arespeeding, or he noticed you were
following too closely or youfailed to use your turn signal.
Just don't argue with theofficer because the last thing
(02:58):
you want to do is upset thembecause they technically can
arrest you.
They don't usually, but youdon't want to create any
confrontation with the officer.
Just say, okay, officer.
Yes, sir.
And they'll run your license tocheck to see if you have any
warrants.
They'll also ask you for proofof financial responsibility.
If you can pull it up on yourphone, that's okay.
(03:20):
Just tell the officer, do youmind if I check my phone so I
can pull up my insurance?
And I'll say, yeah, go ahead.
Just be cooperative at alltimes.
Once they run your information,sometimes they'll give you just
a warning.
And most of the time, however,they probably will give you a
citation.
They'll ask you to sign thecitation.
(03:41):
And it's very important that youmake sure that you go ahead and
sign that citation.
Now, signing that citationdoesn't necessarily say that
you're pleading guilty to theoffense.
It just means that you recognizethat you've been cited for a
traffic violation and that youpromise to appear within 10 days
to answer to the citation at thecourt.
(04:02):
And they'll have an address onthe citation.
Just go ahead and cooperate withthe officer, sign it, give it
back to him.
He'll give you a copy of it.
And then go ahead and just be onyour way.
But try to keep the conversationto a minimal.
You know, the officer's therenot to be friends with you.
He's not there to help you.
(04:22):
Just keep it to a minimal.
Don't admit guilt.
Don't say, yes, you know, I knowI was speeding.
Or if the officer asks you, youknow, your license was
suspended.
Were you aware of that?
It's better to just say, no, Idon't.
I didn't know about it becausethere's other case law that I
can try to get your ticketdismissed for that type of
(04:44):
violation.
So it's better just not to admitto anything.
Just, you know, if the officersays, did you know that you were
speeding?
Just say, I'm sorry, officer, Idid not know.
And they'll say, well, I clockedyou going X speed and this is a
posted speed of X amount.
And just say, okay, officer.
(05:05):
Yes, sir.
and just cooperate say yes sirno ma'am yes ma'am if it's a
female officer and just sign theticket and just be on your way
give me a call and then myoffice will explain to you what
the process is going to be andand we'll go from there we'll
fight the case and once you hireme you don't need to worry about
(05:26):
it anymore
SPEAKER_01 (05:27):
awesome so okay so
you get the citation they drive
off They got the choice to go tothe El Paso Municipal Court,
handle it themselves, takedefensive driving.
I'm familiar with this processbecause I've done it before.
You go to your arraignment dateand then you either do a not
guilty plea or you ask fordefensive driving.
(05:49):
And then you can take the classand then go to the court and
turn it in.
So is it more convenient to hireyou?
So I think you charge like 50bucks.
I was looking at your website.
It's$50.
Is it more convenient to just,I'm thinking it is because like
if I had to go to court twotimes, you know, just to take
care of this traffic ticket andthen take the defensive driving
(06:10):
class, I would say$50 is worthit that I don't have to go to
the municipal court twice andtake care of everything, right?
SPEAKER_00 (06:16):
No, it's definitely
worth it to hire me because
here's the thing is that don'tautomatically assume that you're
going to be able to do defensivedrive.
There are certain, restrictions,limitations that prohibit people
from doing defensive driving.
I could go through a few ofthem.
One of those is if you'recharged with going 25 miles or
(06:40):
more beyond what the post speedlimit is, the court's gonna tell
you, no, you can't do defensivedriving.
And there are also circumstanceswhere let's say if you're in a
worker zone, Especially here inEl Paso, we see a lot of orange
cones.
There's a lot of constructionworkers, and they reduce the
speed during what they callconstruction zones.
(07:04):
If you are charged with speedingin a construction zone, the
court is not going to let you dodefensive driving.
SPEAKER_01 (07:11):
Got you.
Is there a situation where youcan get your license suspended
for driving too crazy orsomething?
SPEAKER_00 (07:18):
Yeah.
sometimes if you're depending oncrazy you know that's pretty uh
vague term but if you'rereckless reckless driving
excessive speeding let's sayyou're racing uh you could
possibly be arrested for that umi certainly don't recommend that
you do that but you knoweverybody makes mistakes i'm
certainly not perfect
SPEAKER_01 (07:38):
um
SPEAKER_00 (07:39):
but those are other
situations where they definitely
won't let you do defensivedriving uh and um let's say uh
let me try to think of anotherreason let's say you don't have
a driver's license, whichunfortunately that happens a lot
of times for whatever reason.
You had your license suspended,you didn't pay the reinstatement
(08:01):
fees, the surcharges.
If you go to the court and askthem to do defensive driving,
they'll tell you, no, you can't,because they're gonna want to
see, some courts even ask you tobring in a copy of your driving
record before you do that.
That takes time.
They're gonna ask you to makesure that you have financial
responsibility for six months,that takes time.
(08:22):
A lot of people don't havefinancial responsibility.
A lot of people don't have theirdriver's license.
The court's not gonna let you dodefensive driving.
And then what's gonna happen isif you decide to just pay the
fine, it's gonna go down as aguilty conviction on your
record.
And so it's just gonna createmore of a problem for you if you
ever wanna try to get yourlicense from the DPS.
(08:45):
And so I don't recommend you dothat.
I can take the case, and even ifthe court personnel, whoever
they're telling you that youcan't do defensive driving, they
don't know the law.
They're not attorneys.
Most oftentimes, if I can't getit dismissed through
(09:06):
technicalities or the officer, alot of times what I've found is
that the officer will say, yeah,I can recall the citation.
But then what I do is I take theofficer on what's called for
dire where I question theofficer and I ask him about the
case.
I said, you know, some of thethings I'll ask the officer to
(09:26):
see if he really recalls iswhere did this citation occur?
What was the posted speed limit?
What did your radar detectorsay?
When was your radar detectorlast calibrated?
Do you have records informationto show that your radar detector
was calibrated?
They're supposed to have itcalibrated prior to their shift
(09:47):
and after their shift.
And the other thing is thatthese radar detectors are
supposed to be sent off to themanufacturer after one year.
So I asked for all thoserecords.
And a lot of times the officerwill just say, yeah, I recall,
but they don't really recall.
They're just trained to say thatall the time.
And so once I can point out thatthey don't in fact recall, or
(10:07):
I've had cases where they gotthe posted speed limit wrong.
They got the location wrong.
I can get them dismissed forthose.
And let's say worst casescenario is the prosecution has
dotted all their I's, crossedall their T's.
The officers recall his memoriesas fresh as can be.
He's got video footage.
(10:28):
They've got their recordsshowing as calibrated.
I've tried every possible way tofight.
I've looked at problems with thecharging instrument itself, the
complaint to see if there's anydefects in it.
If I can't get it dismissed forany of those reasons, even if
normally you would not beeligible for defensive driving,
I can work with a prosecutor andI can work out a deal to where
(10:51):
because of my relationships withboth the prosecutors and the
courts, I can go ahead and getyou defensive driving even
though the law says you're noteligible to take the defensive
driving.
SPEAKER_01 (11:02):
Okay, that reminds
me.
So like if somebody misses theircourt date and they get a
warrant, it's basically the sameprocess but you just got to get
the warrant removed, right?
What's the process of removing awarrant before you can fight
that ticket?
SPEAKER_00 (11:13):
Well, What happens
is, and it happens and it's
okay.
We get busy in our daily liveswith work, our significant
others, our family, we willforget.
There's strict deadlines as towhen you have to come into court
to answer to the citation.
Now, when I say answer, youeither plead guilty or not
(11:34):
guilty.
If you wanna take defensivedriving, Uh, oftentimes the
court will tell you you're noteligible for whatever reasons,
or they'll say you have a lot ofpaperwork that you need to
present to us before we'll evenconsider it.
It's very time consuming.
Let's say you just don't want todeal with all that.
And then you forget about it.
What happens is the court willissue what's called a violate
(11:57):
promise to appear, which is aseparate charge.
And what that means is that whenyou sign that ticket, you
promise to appear within acertain period of time, which is
usually 10 days, you violatedthat promise.
And so the court will issueanother citation, plus the judge
will issue a warrant for yourarrest, which means that you can
be arrested at any time for thatwarrant.
(12:20):
And those warrant fees usuallyare about$350 to$500.
Now you can pay that at thecourt if you show up to the
court and pay that, but they'regoing to want cash, a money
order.
That's a lot of money to pay.
If you call my office...
I have paperwork that I can filefor you.
(12:41):
You don't have to pay thatwarrant fee.
I can get that warrant feelifted immediately so that you
don't have to worry about if youget pulled over again, oh,
shoot, the cop's going to arrestme because I have a warrant, or
if you're getting threateningletters.
The city's now hiring thisoutside firm to start sending
letters threatening people thatyou're going to be arrested,
(13:03):
that you're adding a bunch ofsurcharges and collection fees.
Disregard those notices,disregard it.
Just call my office.
Don't pay the court a dime.
I will get your warrant liftedimmediately.
And I will go ahead and set itup, your case for a pretrial.
I'm gonna file my motions fordiscovery.
I'm gonna look at all the case,the facts, the circumstances,
(13:26):
the citation, the charginginstruments, the discovery, the
body cam footage, the video camfootage, everything that I can
possibly do to fight thatticket.
I will handle it.
You don't need to worry about itanymore at that point.
And more times than not, I willget that case dismissed.
SPEAKER_01 (13:43):
That's pretty
awesome, man.
That's pretty awesome.
So I know you also dooccupational drivers.
As a lawyer, you do occupationaldrivers licenses as well,
SPEAKER_00 (13:51):
correct?
Right, right.
That's right.
SPEAKER_01 (13:52):
Okay.
So what are some of the reasonswhy somebody would get a license
suspended that they would haveto get?
Is an occupational driver, it'stemporary, right?
An occupational driver'slicense?
SPEAKER_00 (14:03):
How long does it
last?
It's temporary.
When we first get theoccupational license, they'll
last you a period of two years.
However, if after or when you'reapproaching that two-year
period, if you still need theoccupational license, I can
extend that for another year.
And if you still don't have aregular driver's license after
(14:28):
that next year, I can go aheadand extend it again.
So I can get it extended for youas many times as you need, but
you need to call my office afterthose initial two years so that
we can get it extended.
And unfortunately people do needoccupational licenses.
And those are for primarily, wesee a lot of people get their
license suspended because theywere driving while intoxicated,
(14:51):
which is an automatic one yearsuspension.
Even though you have beenconvicted of the crime, the DPS
doesn't care.
they will suspend it anyway.
And they have the legalauthority to do that because of
the state legislatures.
They said, if anybody's chargedwith a DWI, they can
automatically suspend it.
(15:11):
And so we can get you theoccupational license for those.
Other things that people getoccupational license for is
let's say your license gotsuspended because you moved to
the area from another city orstate where your license was
suspended there.
And because of what's called theinterstate compact laws, the
(15:32):
state of Texas is not going tolet you get your license
reinstated because of theproblem that you have with the
other home state where you camefrom.
So we can get you anoccupational license for that.
Let's say you got multiplecitations because of speeding.
The DPS may suspend your licensefor that as well.
(15:52):
We can get you an occupationallicense for that.
We've seen a lot of people alsoget their license suspended
because they were found guiltyfor driving a motor vehicle
without what's called financialresponsibility, what we commonly
refer to as insurance.
The DPS will suspend yourlicense for that.
So I can get you an occupationallicense for that as well.
SPEAKER_01 (16:11):
Well, that's great.
That's a nice little, you know,so this is Traffic Tickets 915.
It's a nice, in the heart of ElPaso, downtown El Paso.
If you need help getting atraffic Ticket dismissed or an
occupational license, give theseguys a call.
It's Traffic Tickets 915 at 718Myrtle Avenue.
Your website istrafficticketstexas.com, and the
(16:33):
phone number is 915-542-0388.
So go ahead and give them a callif you have any questions about
traffic tickets, warrants, oryou're interested in getting an
occupational driver's license toget back on the road.
Robert, thank you so much.
Thank you
SPEAKER_00 (16:48):
very much.
It was good talking with you,Dave.