The documents on this page ,and through out this website, can be clicked on to magnify.

Your pop up blocker may affect function.


Somehow the Harlingen Police Department can never seem to find Cesar's speeding history when they conduct a investigation on his drivers license. Yet they perform extensive background checks on Samantha and Amy, including their driving  and criminal history by using the Texas Computerized Criminal History System (CCH) and the National Crime Information Center (NCIC).

 

With a quick public record request, and without the extensive records access the HPD has, we are able to find Cesar's prior speeding related plea agreement and  his FIVE excessive speeding convictions.

 

 

 

This is not a civil case with insurance agencies fighting eachother over whom the most percentage of fault belongs to. This is the State of Texas laws, where you are held responsible for your actions, or at least you should be.

 

Sec. 545.352. PRIMA FACIE SPEED LIMITS. (a) A speed in excess of the limits established by Subsection (b) or under another provision of this subchapter is prima facie evidence that the speed is not reasonable and prudent and that the speed is unlawful.

prima facie

: (pry-mah fay-shah) adj. Latin for "at first look," or "on its face," referring to a lawsuit or criminal prosecution in which the evidence before trial is sufficient to prove the case unless there is substantial contradictory evidence presented at trial. A prima facie case presented to a Grand Jury by the prosecution will result in an indictment. Example: in a charge of bad check writing, evidence of a half dozen checks written on a non-existent bank account makes it a prima facie case. However, proof that the bank had misprinted the account number on the checks might disprove the prosecution's apparent "open and shut" case.



So in this case, Cesar Martinez Jr. could say he did not know about his speedometer being off because of the oversize tire difference, and therefore thought he was obeying the speed limit.

Nope:

 

 

 

 

 

 

 

 

 

 

There are lawyers that will tell you, that there are no speed limits in Texas. Im going to call B.S.! If your speed is greater then the posted speed limit designated and regulated by law for that roadway, YOU ARE SPEEDING!

 

Sec. 545.351. MAXIMUM SPEED REQUIREMENT. (a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing.

(b) An operator:

(1) may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for actual and potential hazards then existing; and

(2) shall control the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the highway in compliance with law and the duty of each person to use due care.

(c) An operator shall, consistent with Subsections (a) and (b), drive at an appropriate reduced speed if:

(1) the operator is approaching and crossing an intersection or railroad grade crossing;

(5) a special hazard exists with regard to traffic, including pedestrians, or weather or highway conditions.

 

Imagine you are in the left turning lane of this intersection, your light is green, you have the right to make your turn, if:

 

Sec. 544.007. TRAFFIC-CONTROL SIGNALS IN GENERAL. (a) A traffic-control signal displaying different colored lights or colored lighted arrows successively or in combination may display only green, yellow, or red and applies to operators of vehicles as provided by this section.

(b) An operator of a vehicle facing a circular green signal may proceed straight or turn right or left unless a sign prohibits the turn. The operator shall yield the right-of-way to other vehicles and to pedestrians lawfully in the intersection or an adjacent crosswalk when the signal is exhibited.

 

Cesar Martinez Jr. WAS speeding. If he were to be going the posted speed limit of 55mph and at the distance he was from the intersection, he would have been no immediate hazard. His Speed pushing 70mph on wet surface conditions is considered unlawful under Texas Law. The right of way was in Samantha's favor, but the Harlingen Police refuse to interview one of the two actual eye witnesses, that were in the intersection while the collision happened.

Sec. 545.352. PRIMA FACIE SPEED LIMITS. (a) A speed in excess of the limits established by Subsection (b) or under another provision of this subchapter is prima facie evidence that the speed is not reasonable and prudent and that the speed is unlawful.

prima facie

Sec. 545.152. VEHICLE TURNING LEFT. To turn left at an intersection or into an alley or private road or driveway, an operator shall yield the right-of-way to a vehicle that is approaching from the opposite direction and that is in the intersection or in such proximity to the intersection as to be an immediate hazard.