10/30/1935TWO OFFICERS ARREST 28 IN TRAFFIC DRIVE
Police Take Action For Heavier Penalties, In Violations
URGE DRIVERS' BILL
County Attorney Explains How Convictions Can Be Had in Courts
Habitual speeders will face jail sentences in El Paso under State laws, it was announced by officials today. The new law was found today in search of statutes for stronger methods of handling traffic violators.
A 60-day jail sentence and a maximum fine of $500 may be assessed persons arrested more than twice for violation of a State law regulating the operation of motor vehicles on highways.
The law passed in 1935, covers the speed of vehicles, and height, weight and length of trucks.
Buried in the statute is a paragraph reading: "Any person violating any provision of this act shall be guilty of a misdemeanor and the punishment for the first offense shall be a maximum fine of S50; the punishment for the second offense shall be a maximum fine of $200 and for the third and any subsequent violations thereafter the punishment shall be a maximum, fine of $500 or 60 days in the County Jail or both."
To Transfer Violators
County Atty. David E. Mulcahy interpreted the provision to mean that a person may be fined in Justice or Corporation Court twice for speeding charges and then, at the discretion of the officers, any subsequent violations may be filed in County Court-at-Law where the jail sentence can be imposed.
Two Officers Busy
Two El Paso motorcycle patrolmen waged a two-man war on traffic violators last night and turned in 23 tickets to the traffic office today. Formerly officers made two to five arrests each daily.
Patrolmen Ray Espersen and R. A. Bush "covered the town" in their campaign. Tickets were issued in all parts of the city and for many different types of offenses.
Langford Hits Back
Judge R. P. Langford struck back at persons who criticized the light fines he has been assessing traffic, violators by saying that the schedule he has been following is one agreed to by himself. Police Chief L. T. Robey and Captain Stowe.
Capt. Stowe said there are only three courses open to a person who receives a traffic ticket.
"He can appear in court and plead his case with the judge; he can post a bond at the traffic office; or he can get out of town as quick as he can," the captain explained.
"When an officer writes out a ticket, there's no "taking it up" or "fixing" that can be done," he said.
Capt. Stowe said his motorcycle officers will continue their campaign as vigorously as they did last night.
County Atty. Mulcahy said there is no provision in the state laws whereby the Corporation Court or Justice Court judges may assess a jail sentence except to the habitual violator.
“The offenses are punishable by fine only,” he said. “Of course, if a person is unable to pay the fine, he must serve out the time.”
Speeding, passing traffic signals and other infractions, save driving while intoxicated are misdemeanors, Mr. Mulcahy said.
These are punishable by fines of $200 maximum in Justice court and $100 in Corporation Court.
If a drive crashes into another automobile or strikes a person causing injury less than death, the driver is guilty of aggravated assault with an automobile and the offense is punishable by a jail sentence in the County Court at Law, Mr. Mulcahy explained.Funeral arrangements were pending today for Harold Kuhn, 4754 Alameda Ave. who died last night from injuries received Sunday night after crashing into a tree on the Lower Valley