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THE BATTALION
THURSDAY, NOV. 6. 1975
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AND HERE WE KEEP THE SOCIOLOGISTS WHO REGOWWIENPED FORCED BUSING IN THE FIRST PLACE!'
Law and the student
Traffic ticket hassles
By KEN ROBISON
Students’ Legal Advisor
Articles by Robison will be published
periodically, and will deal with legal matters
affecting students. He welcomes comments,
questions and subject recommendations.
The Uniform Act Regulating Traf
fic on Highways summons more
people to court than any other law;
each student can expect to appear in
traffic court as an offender or wit
ness at least once in his driving
career.
Within its provisions are Texas
rules concerning red lights, stop
signs, passing and the multitude of
sins familiar to most drivers. How-
IF WQU LIVED WITH THE
COVOTES LIKE VOUK 6K0THEK
SPIKE, WD PK06A6LV BE
OUT CHASING MICE'
'1 ADMIT I D HAVE
A LITTLE TROUBLE
PUNCHING OUT A MOUSE
^^
ever, it also provides some lesser
known offenses.
For example, it is illegal to leave
the key in the ignition of unattended
vehicles; the same section demands
that drivers parking on any grade
must turn the front wheels to the
curb. It is a misdemeanor to coast on
a downgrade with gears in neutral or
to operate a vehicle upon any beach
in the State of Texas in excess of 25
mph. The provisions pertain to
equipment as well as to actual oper
ation of vehicles.
A number of students have ques
tioned the validity of tickets re
ceived while operating a bicycle;
Section 179 of the traffic law simply
states that the laws apply to bicyc
lists. Attendant to this section is the
requirement that a bicycle have a
working headlight and a reflector if
operated at night. These rules are
applicable both on and off campus.
Absolutely nothing is to be gained
by demonstrating contempt for the
policeman by arguing the facts. The
policeman is not the judge and in all
likelihood he will be a key witness in
a subsequent prosecution; there is
no need to aggravate the situation
and create a Hostile witness.
If it appears that a traffic citation
was unfairly issued, it can be con
tested in court. Make careful mental
or written notes concerning the
facts, and obtain the names and ad
dresses of witnesses. It may be sev
eral weeks before the case comes to
trial.
The ticket indicates the date for
the initial court appearance or in
some cases, the date beyond which
one will be held for failure to appear
which is a separate offense. Gener
ally, it is on that date that a plea is
entered. The accused may call the
city clerk s office to determine the
amount of fine and in some in
stances set a definite court date. The
accused may advance one of three
pleas: Guilty, Nolo contendere (no
contest); or Not Guilty.
Of course on a guilty plea, the
court enters a finding of guilty; sets
the fine and usually demands im
mediate payment. No uniform fine
schedule exists in the state ofTexas.
Traffic offenses are misdemeanors,
and the penalty is a fine of not less
than $1 nor more than $200. Most
cities have their own fine schedule
within that range.
The procedure for a nolo plea is
the same. The distinction between
the guilty plea and the no contest
(affectionately known as the Spiro
Plea) is that the nolo plea is not an
admission of guilt. It is a neutral
plea; the driver is still fined and the
offense still goes on the driver’s re
cord.
tinct advantage in cases involving
Cbe Battalion
Opinions expressed in The Battalion are those of the editor or
of the writer of the article and are not necessarily those of the
university administration or the Board of Regents. The Battal
ion is a non-profit, self-supporting enterprise operated by stu
dents as a university and community newspaper. Editorial
policy is determined by the editor.
Represented nationally by National Educational Advertising Services, Inc., New
York City, Chicago and Los Angeles.
The Battalion, a student newspaper at Texas A&M, is published in College
Station, Texas, daily except Saturday, Sunday, Monday, and holiday periods. Sep
tember through May, and once a week during summer school.
Mail subscriptions are $5.00 per semester; $9.50 per school year; $10.50 per full
year. All subscriptions subject to 5% sales tax. Advertising rate furnished on request.
Address: The Battalion, Room 217, Services Building, College Station,
Texas 77843.
LETTERS POLICY
Letters to the editor should not exceed 300 words and are
subject to being cut to that length or less if longer. The editorial
staff reserves the right to edit such letters and does not guaran
tee to publish any letter. Each letter must be signed, show the
address of the writer and list a telephone number for verifica
tion.
The Associated Press is entitled exclusively to the use for reproduction of all news
dispatched credited to it or not otherwise credited in the paper and local news of
spontaneous origin published herein. Rights of reproduction of all other matter
herein are also reserved. Copyright © 1975, The Battalion.
Second-Class postage paid at College Station, Texas.
Address correspondence to Listen Up, The Battalion, Room
217, Services Building, College Station, Texas 77843.
Members of the Student Publications Board are: Bob C. Rogers, Chairman; Dr.
Gary Halter; Dr. John Hanna; Roger P. Miller; Dr. Clinton A. Phillips, Jeff Dunn,
Tom Dawsey and Jerri Ward.
Director of Student Publications: Gael L. Cooper.
MEMBER
The Associated Press, Texas Press Association
Editor James Breedlove
Assistant Editor Roxie Hearn
Production Manager 1
City Editor Steve Gray
Campus Editor Sandy Russo
Sports Editor Paul McGrath
Photography Director Jack Holm
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A change for the better.
: First time’ fiasco recalled
Editor:
Now that The Battalion is a forum
for the sexually enlightened, I feel
compelled to share my experiences
with your readers. My first en
counter with the ubiquitous bosom
occurred when I was five. It was in
the dreary half-light of a stenchy
building with a background
serenade of grunts, sloshes and
plops. Under guidance from Mom
and Dad, I extended a trembling
hand towards a pulsating papilla.
(Yes, my parents were there ^— smil
ing, instructing, goading!) Over
whelming guilt flooded my body
when I touched the pink flesh. I
started crying, bvit then — wow — I
noticed it felt pretty good. I grabbed
two handfuls and jerked deliriously.
Suddenly a kick in the solar plexus
landed me in a drainage gutter
where I writhed in bovine excre
ment and other nasty stuff.
the Aggies to tackle the burning so
cial problems of our times.
Fred S. Guthery
Legal moving
accidents. NEVER plead guilty to a
traffic ticket issued as a result of an
accident for the reason that the tic
ket can later be used in a damage
suit. On the other hand, a nolo plea
renders the ticket inadmissable evi
dence. Why? It is because a ticket
resolved by a nolo plea is not an
admission of guilt; consequently, a
court would generally not allow tes
timony concerning the issuance of a
traffic citation. The same is true on a
not guilty plea even if the court en
ters a finding of guilty. Receiving
the traffic ticket does not always
mean that the driver will be held
responsible for the damage to
another vehicle or property. The
issue of civil liability, if applicable,
will be determined by an out of
court settlement or a civil lawsuit.
In the event of a not guilty plea,
the court ordinarily passes the case
and sets the date and time for trial.
However, many cases are tried at
the time of the plea. Only the judge
can change the date and time and he
should be notified immediately if it
needs to be changed. Judges will
not discuss the facts prior to the
trial. The driver may request a trial
by judge or jury.
I encourage students questioning
the validity of a ticket to plead not
guilty; no additional costs are incur
red by requesting a hearing nor is it
a major hassle.
An error on the ticket does not
necessarily invalidate it. The ulti
mate decision as to whether or not
to fight a citation rests with the stu
dent.
I am not entitled to represent
students in court on traffic tickets. I
might point out that even those
programs allowing litigation do not
allow the attorney to go to court on
traffic tickets. If it were allowed, the
attorney would never be in the of
fice.
Generally, it is best to hire a local
attorney to aid in resisting the tic
ket, especially where the student
has several other driving convic
tions and faces a possible driver’s
license suspension. However, the
student who absolutely cannot af
ford to do so should not give up.
Going to court at least evens the
odds to a 50-50 chance of being
found guilty. Most of the cases do
not involve a complicated question
of law but rather questions of fact.
Did the accused run the red light or
not? The answer is up to judge or
jury.
Students with questions pertain
ing to tickets may come to the office
for a more detailed discussion, but I
do want to close with a few words to
the wise. The speed limit on FM
2154 and the overpass at Highway
60 is 40 mph.
Today when I walk across campus
and see the myriad mammaries my
mind flashes back to that humiliat
ing moment. Because of a ticklish
cow. I’ve lived two decades in dread
of digitating droopers. You might
call it knockerphohia.
Thanks to the timely research of
Douglas W. Kirk and the gutsy pol
icy of The Battalion, breast-petting
and associated complications are fi
nally receiving the attention they so
richly deserve. You can depend on
Editor:
It has come to the attention ol
Hassle-Free that there are many
students living in apartments who
want to move to another apartment
or on campus as soon as possible.
Many of these students either do
not know or do not understand their
legal obligations in these matters.
Let it be known that in a few in
stances, with your apartment man
ager’s approval, the change can be
made.
If you are in this boat and need
assistance, please contact your
Hassle-Free representative. (Karen
Switzer, Room 108, YMCA Build
ing, 845-1741, has a listing of the Off
Campus Reps.)
Alan Shinknian
Larger field
team is the increasing amount of
students. The enrollment now is
about 24,500, and the stadium seats
48,100.
Two years ago they crammed
another 5,000 uncomfortable fans,
on folding chairs, to see the t.u.
game. I m sure they could get that
many and even more if they would
enclose the stadium at the south
end. If they had that and still
wanted more seats then they could
set up 4,000 more folding chairs
and then the stadium would proba
bly hold around 58,000.
If A&M keeps up its increasing
enrollment, then by 1980, we will
probably have about 35,000 stu
dents and a 48,000 seat stadium.
The University of Michigan has an
enrollment of35,000 and has a huge
stadium that holds 101,001.
Also with its increasing enroll
ment the Aggies are going to be
great year after year. And winning
teams attract many, many fans. I
think now is the time for some plan
ning to be done for a bigger or
newer stadium. If nothing is done
fans might call it Sardine Field in
stead of Kyle Field.
Jay Hollowell
in the MSG are not sufficientfot|
university of over 24,000. Thelai
are always overcrowded.
The crowding could be eai
somewhat if students werealloi
access to the lanes duringthev
days. As it stands now, bowlingcln
ses use the lanes 1 until 4 p.m,
weekday except Friday. From5-11
p.m. Monday through Thurs^ ^
Aggie League and intramural bo» O
lers occupy the lanes. Bowlingsti E
dents who need to practice fortliei b
classes are allotted little time I r '
bowl during the week. E
The lanes are open to anyone a p
weekends, but because ittakesi E
most an hour to bowl onegamelde Jp
pending on the number of playei
long waits are a major problem. In
tried to get a lane on the weekesi O
and found that a two-hourwaitisni E
uncommon.
Editor:
I think now is the time for some
thing to be done about enlarging
Kyle Field or building a new
stadium. Along with the improving
More lanes
Editor:
Texas A&M University is in de
sperate need of additional bowling
lanes for students. The eight lanes
I realize that howling lanes an ®
expensive both to purchase andof
crate, and finding space for erti b
lanes could he a problem. I ban ®
heard through instructors in tlj K
howling department that Tens p
A&M plans to add more lanes in llij ^
future, hut we need them now. [©
Until then, I think it wouldk ©
more fair to all if during the weel q
lane-'use was divided equally bd O
ween intramural howlers andotk ^
students with each groupallowedl d Ticke
use four lanes. 1° A&f
Debby Krenei q
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