Court not responding?

[VenomRogue]

OK, so over the years I have dealt with many different courts on many different things and have a pretty good record of wins to my credit without a lawyers help.


I have a situation that I have never dealt with before, a court and its prosecutor not responding to anything. Long story short, I apparantly have a ticket from way back in 2003, that I recently found out about. Funny thing about that is that I was out of country for most of 2003.

Anyhow, this county is about 100 miles from me, so I cant just stroll over there in person. I have sent several letters, 2 of which were certified mail, the first letters were just inquisitive to follow up on phone calls I made, the 2 certified letters included requests for a jury trial and motion for discovery, and the second (since the first one was ignored) included a motion for dismissal. The 2 certified letters were CC'ed to the prosecutor as well, at least i think, as I was just going off the information the clerk gave me.

All this is over a period of about a year, so they have had plenty of time to reply. Calling is worthless, as all they have is a case number from 2003 and apparently the copy of the ticket is "archived".

I am also leery of going down there for fear of being possibly arrested. I have made a few phone calls to lawyers in that county, but they are either no help, or want 100's of dollars to even touch it.

I cannot renew my drivers license without taking care of this, and I really don't feel like throwing 100's of dollars away at this.

What to do next??








tl:dr
CLIFFS:

alleged ticket issued in 2003
just found out about it a year ago
court ignores letters and certified mail
court is over 100 miles away.
???

 

[SNCBOOM]

:dw:

This is obviously your bad. Either retain council or lose your license. :shrug: seems pretty straight forward to me.

 

[VenomRogue]

:dw:

This is obviously your bad. Either retain council or lose your license. :shrug: seems pretty straight forward to me.

no, its not.

I was out of country for most of 2003. Dont think I can get a speeding ticket in Texas while in Germany...

 

[Lt. ZO6]

Most, not all of 2003, apparently.

 

[COBRA_ESQ]

I have no knowledge of Texas law or criminal procedure, but sounds like you were convicted in absentia. My guess is they are not responding because you are not following the proper legal procedures in seeking your relief and need someone - an attorney - who knows what they are doing.

This was nearly a decade ago, if there is an outstanding fine either pay it or hire an attorney. If there is no fine outstanding any limitation on your driving privileges has in all likelihood expired so why even bother with it. :shrug:

 

[mswaim]

no, its not.

I was out of country for most of 2003. Dont think I can get a speeding ticket in Texas while in Germany...

Well, in reality it doesn't matter what you think, You are the one who cannot renew your license, your the only one who can clear this up.

Not sure why you fear being arrested; afterall, you were in Germany (right?) so just go to the court of record, explain that fact and I am sure you can clear this up in one quick trip.

Sooner or later it will catch up with you, since it is now tied to your license renewal.

And keep in mind, DMV's administrative capability to revoke your privilege has no expiration date. Once your failure to pay is recorded, it lives forever, or until you pay the fine and any interest and penalties they deem "fair & reasonable".

Remember, this is the DMV; God calls them for advice.

 

[oldmodman]

Can you prove by passport stamps your in and out dates?

If you can prove that you were not in America on the date the ticket was issued you should go before a judge and prove it. The ticket must be thrown out. You should not require an attorney if you can prove that you were out of the United States on the date the ticket was issued.

However, if you WERE HERE just pay the damn thing and clear your record.

 

[mswaim]

I'm pretty sure if he could, he already would have done so.

 

[cbj5259]

Get a copy of the ticket...was it signed? If its not your signature then it should be easy to prove right?

 

[VenomRogue]

No passport stamps, was stationed in Germany in the US Army.

From my notes, I have been given two different dates the ticket could have been given. Yes, i know this makes ZERO sense, have talked to 3 different clerks and been given two different dates. I was out of country on the first date, was in country the second date.

I cannot get a copy of the ticket apparantly because they it is so old it is "archived", whatever the hell that means.

The info I got was as follows: drivers license number, name, address, vehicle info, ticket number, speed and officers name.

Other issues, I lived in houston after I got back from Germany, this ticket was issued somewhere in corsicana. The vehicle on the ticket was a vehicle I have never owned or even driven. The name and D/L number were mine, the address is mine too, but was a very old address (before I joined the army address).




I just want a court date so I can get this shit straightened out, have requested on the phone, in writing and via certified mail, but I cant even get that.


If i wanted to just piss away several hundred dollars, I would have done that already. My license isnt up for renewal for a few months, so i have some time. I have filed the motions that I was told to file by an attorney, and yes, they were proper motions, as I have filed plenty of them in the past with other courts. I have never had a court ignore them.

 

[Outlaw99]

So you are saying you have an evil twin, with a copy of your exact drivers license and clone of your car with matching license plate? Come on man....lolololololololol the cop and state are obviously idiots because they don't know they just messed with the master of illusions and excuses.

I'm sure you'll show them.

sent via Toshiba Xcite

 

[olefafl]

So you are saying you have an evil twin, with a copy of your exact drivers license and clone of your car with matching license plate?

No he said.

The vehicle on the ticket was a vehicle I have never owned or even driven.

Does your DL have the QR code or mag stripe on it?

Someone local to me has her husbands info on her DL when its scaned.

 

[VenomRogue]

So you are saying you have an evil twin, with a copy of your exact drivers license and clone of your car with matching license plate? Come on man....lolololololololol the cop and state are obviously idiots because they don't know they just messed with the master of illusions and excuses.

I'm sure you'll show them.

sent via Toshiba Xcite

since you refuse to actually read the whole thread, please leave your retarded comments to yourself.

Does your DL have the QR code or mag stripe on it?

Someone local to me has her husbands info on her DL when its scaned.

yes, it has a magnetic stripe, i have never swiped it myself though. I do not remember if they had the stripes back in 2003.





its to the point now where I just want to go over the courts head, and goto the county court that is over the local court, but from what I can tell there is nothing to appeal, as no judgement has been entered, its just an open ticket, so I dont really know if an appeal is the proper next action.

 

[olefafl]

You said the car is not yours, but do you know who's it is?

 

[VenomRogue]

You said the car is not yours, but do you know who's it is?

no clue.

tried running the plate on a friends publicdata account and no hits, but being that it was 9 years ago, even if the plate came up with a hit, i doubt it would be the same car.

the DMV wont give me any info on the plate either, without a court order, and without a VIN, i cannot get any history on it.'


it was a late 90's olds ciera, so if it is even still on the road, i would be impressed, lol.

 

[Outlaw99]

yeh, i read that wrong...why not just get a lawyer. they will be able to resolve it quicker.

 

[Blueline]

Can't you just plea not guilty and have them issue a court date?

 

[Chris!]

Can't you just plea not guilty and have them issue a court date?

I would assume, since the ticket was 10 years ago...he gave up that right to plead not guilty to the ticket, once the time to appeal had passed.

 

[Blueline]

I would assume, since the ticket was 10 years ago...he gave up that right to plead not guilty to the ticket, once the time to appeal had passed.

I doubt it, if he never appeared I would assume its an open case with a warrant for his arrest. Thats how NJ does it, it may be different in the OP's case.

But if you can enter a not guilty plea then you can go and present your case.

 

[Chris!]

I doubt it, if he never appeared I would assume its an open case with a warrant for his arrest. Thats how NJ does it, it may be different in the OP's case.

But if you can enter a not guilty plea then you can go and present your case.

Dunno how it works in his state. In the peoples republic of Massachusetts. If you don't pay, or dont show up to court, you're automatically guilty.