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View Full Version : TRAFFIC TICKETS. COURT AND POLICE FAILED. WHAT CAN I DO?


Hendro
07-30-2009, 11:12 AM
I have 2 tickets; one for careless driving, the other for speeding 67 in a 50.

The first ticket was issued on 6/16/2009 and court date set at 7/26/2009. That was a sunday. I called the courts 4 times and the police department 2 times. The courts said they dont have the ticket. The state police said they had sent all their tickets.

The date has come and pass on the ticket, and I went to the court(on the sunday) to make my appearance. Obviously no one was there. That was the only date I was ever given by "the system" and I made every effort to hold up my end of the process. I wrote a letter and delivered it by hand to the court stating in effect: I am dismissed because I did my part and you did not.

The other ticket has an illegible court date. It was issued on 7/16/2009 and court date of 7/2_/2009. I called 2 times after getting the ticket, and the court had still not recieved either of them.

Today 7/30/2009 I called again, and the clerk said they do not have the tickets. I called the State Police and they said they sent the tickets. I called the clerk again and she said she now sees them. I ask her to tell me the date on the illegible ticket and she can't. I also asked " how I am supposed to defend myself in court if the tickets arrive after the court date listed on the ticket, and if a ticket has an illegible date that neither I nor the clerk can read?"

I was transferred to the deputy and restated the same information as above to her. She said I need to come to court and the rescheduled date is for December 28th (my convenience).

When I appear in front of the judge, what can I do to have these cases dismissed, or what Laws can I see for myself that hold courts accountable for processing violations as such.

I believe the court and police failed to do its part. Moreso for the first ticket, but also for the second, for not receiving the ticket until after the court date as written.

Thanks for any help.

Eagle
07-30-2009, 11:41 PM
That is an interesting story. You can try to make a motion to dismiss next December for failure to provide you with a speedy trial. This is a constitutional right. I think you may have a chance of success especially if you mention the fact that you showed up for court on July 26 and the judge and prosecutor did not. The judge may side with you on this issue.

Wait and see if the court system is competent enough to sent you a notice with the correct court date. Try not to call them anymore to educate them about their mistakes. If they screw up let them go ahead and do so.