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View Full Version : So I called the courthouse today



moneypit
08-23-2006, 10:24 AM
To find out what tha damage was for the ticket I got. I turned tight on a red. No problem, I was wrong. He gave me the ticket, we chuckled and he said he gave me the least he could.
So I never get anything in the mail. I looked at the citation last night and it said today was the last day. I called the courthouse to pay the fine. She said it wasnt on file. I said then today was my lucky day. She said no that they have a year to file the ticket. I said "s o since I never got a notice to appear in the first place, then I have to keep caling to find out if its filed or not?" She said yes or they could attach late fes or even a warrent.
Personally, I think the cop threw mine in the trash. He was cool guy. What do you think?

lakewake
08-23-2006, 10:39 AM
I am not a cop but have a lot as freinds and customers. I've asked that question as well about getting rid of a ticket once it is written. They are all numbered and filed and anything not turned in is more grief than it is worth for the cop. I doubt that he would ever throw one away even for his mom. Depending on which city it was issued from it still goes out to the county court house. It is in the system and will get there eventually. My last one took quite a while to be recorded.

RitcheyRch
08-23-2006, 10:44 AM
I had the same thing happen a few years back. It took 8 months for the ticket to finally show up at the court house.

socalmoney
08-23-2006, 10:56 AM
If today was your court date, you could show up at court and it might get thrown out. If the judge sees that you are there to take care of your business but the officer didn't, it might work in your favor.

SOCALDETAIL1
08-23-2006, 11:10 AM
Same thing happend to me last month. I thought he lost his ticket book or something, Well got the letter in the mail 3 weeks late. I got a 60 day extension.

RitcheyRch
08-23-2006, 11:12 AM
I tried that and it didnt work. Mine was a stupid fix it ticket. The courthouse date stamped my ticket to prove was there and told me to come back every few weeks to get it date stamped again.
Seems to be happening more and more lately.
If today was your court date, you could show up at court and it might get thrown out. If the judge sees that you are there to take care of your business but the officer didn't, it might work in your favor.

DelawareDave
08-23-2006, 11:22 AM
I got a ticket in 1972. They finally got around to sending me a notice in 2001! I called the courthouse and told them to set a court date, as I wished to plead "Not Guilty". I haven't heard back from them yet with a court date.

C-2
08-23-2006, 11:26 AM
What does the website say? Ventura County has a pretty good website for taking care of business.

moneypit
08-23-2006, 12:26 PM
The problem is their is no record of my citation at the court. When I talked to the clerk, she said there id no record of the citation or anything under my DL# or name.
I talked to a former Carmel Chief Police today, and he said that intermittently they would sign off tix's.

RitcheyRch
08-23-2006, 12:31 PM
Mine didnt show up in their computer either.
The problem is their is no record of my citation at the court. When I talked to the clerk, she said there id no record of the citation or anything under my DL# or name.
I talked to a former Carmel Chief Police today, and he said that intermittently they would sign off tix's.

havasu5150
08-23-2006, 12:32 PM
Same thing happened to me a few years back. I appeared on the date stated on the ticket. The court stamped the ticket to show I appeared. It's been at least 7 years. I have never heard another word. If it ever went to warrant, you will know when you try to register a vehicle or renew your license.

HM
08-23-2006, 12:36 PM
Technically, you have been served with the issue of the ticket. That is why there is no statute of limitations on traffic tickets - they technically can come after you for life if they wanted to..the 1 year policy is exactly that...a policy. Statute of limitation applies to if you have never been charged or served, and with a traffic ticket, you are charged and served instantaneously. Just document your contact with the court and get them to sign that you came in and adressed the issue, and they showed it was not in the system.
If it ever showed up and if they did try to assess late fees, the judge would dismiss all of the late fees, and likely the ticket as well if you had documented that you tried to take care of it, and it was them that had the problem.

LHC30Victory
08-23-2006, 03:29 PM
This happens from time to time. IF the citiation was not filed at the clerk's office by the date you are supposed to appear (on the citation) the agency is REQUIRED to send you a letter providing the new court date. As stated above, it is best if you show up in person and have it recorded in the court minutes, but regardless, the agency that did not file it on time is on the hook for a new appearance date letter. NO late fees apply - that clerk is just wrong!

moneypit
08-23-2006, 03:37 PM
Technically, you have been served with the issue of the ticket. That is why there is no statute of limitations on traffic tickets - they technically can come after you for life if they wanted to..the 1 year policy is exactly that...a policy. Statute of limitation applies to if you have never been charged or served, and with a traffic ticket, you are charged and served instantaneously. Just document your contact with the court and get them to sign that you came in and adressed the issue, and they showed it was not in the system.
If it ever showed up and if they did try to assess late fees, the judge would dismiss all of the late fees, and likely the ticket as well if you had documented that you tried to take care of it, and it was them that had the problem.
HOw do you know? Are you a police officer, Clerk, Judge, Attorney or just a know it all?

ChumpChange
08-23-2006, 03:40 PM
I went to the courthouse once to fight my exhibition of speed ticket. They had no record of the ticket. Two weeks later, La Verne PD was knocking on my door with a bench warrant. Fortunately, I was not home although it freaked my mom out.
Turns out that the exhibition of speed was a misdemeanor and I went to the traffic court division which is why they didn't have it on file.

catman-do
08-23-2006, 03:48 PM
Ive had the same thing about 3 years ago on a fix it ticket. The guy never filed and i was going to the courthouse once a month for eight months. Nothing ever came about after 8 months and so i said fk it.... The courthouse wouldnt sign off the ticket because they had no record. I sure hope there isnt a warrent out there for me on a freekin tinted window violation!

HM
08-23-2006, 04:08 PM
HOw do you know? Are you a police officer, Clerk, Judge, Attorney or just a know it all?
It is true, I am all knowing. Get used to it.
Are you still offended from my HOA stance? Pussy.
But, even though you did not put a disclaimer in your original post that we should lay out our credentials before giving you information, which it seems you have singled me out for... I will humor you and I will use the smallest possible words so I don't confuse your feeble mind...because what are you? A moron? An idiot? Or just your average dumb ass? If you don't like those questions...don't dish it out or STFU.
Previously, there was a thread on old tickets and BoatCop posted about there not being any statute of limitations. I thought it was b.s. so I researched, especially because I have some 20 year old tickets that I never paid. Kachina26 sent me a link to check on the tickets and the 20 year old ones were not there, but a 10 year old ticket in AZ that I had paid had showed up as unpaid. I ended up just paying it again as it was like $250 and this time I filed it and documented it very well just in case. I found out that many courts are using technology to attempt to find a gold mine....old unpaid tickets. And they thought they were going to cash it in big time.
Well, there is the technical law and then there is how the law is used in real life. Technically, there is no statute of limitations because you are charged and served by the actual ticket...that is what the ticket is. But, most courts had a policy of filing away tickets that were 7-10 years old and did not intend to do anything about them as they were too much work. But, technology fixed that....except the old technical law vs. practiced law. Many courts starting selling old tickets to collection agencies. But, it is really starting to back fire and some lawyers have already won some cases that are changing this practice across the country. Two things the courts did not anticipate...one was the whole practiced law vs. technical law dealio and the other was that people have rights under the fair collections laws placed to protect people from predatory creditors. They will still attempt on many occasions to get you for an old ticket because they are counting on you just to pay the ticket like I did....a shake down if you will. If you fight it, you have a GREAT chance of beating it and your chances keep getting better. But, that will be for tickets that are already old. If you have gotten a ticket in the past 5 years and have not paid it, I would bet they will eventually come for you because they changed their practice of the law. It is o.k. to change the practice, but it is not alright to change it and make it retroactive to before the practice was changed.
I think a couple of the big cases that are being used for case law were won in PA, NY, and FL. You can find a lot of this info. with a simple google search which will take you to countless legal websites and government websites - very legitimate websites on legal issues. But don't take my word for it...I know you won't since you are still all butthurt from another thread. When you stop crying, we can still be friends. :D

Kilrtoy
08-23-2006, 04:15 PM
Hey MR HOLY MOLY....
You cant pick on other people, JUST ME :boxed:

HM
08-23-2006, 04:15 PM
Now do you people understand how I got biatch slapped at a gas station by a stranger? LOL The truth shall set you free, and get your ass kicked on occassion. :D :D :D

ratso
08-23-2006, 04:15 PM
Moron... Idiot... Dumbass... Pussy...
Does he make himself perfectly clear???!!!
LMFAO... :D

HM
08-23-2006, 04:16 PM
Hey MR HOLY MOLY....
You cant pick on other people, JUST ME :boxed:
It doesn't bother you anymore. What fun is that? :D

HM
08-23-2006, 04:21 PM
Moron... Idiot... Dumbass... Pussy...
Does he make himself perfectly clear???!!!
LMFAO... :D
Now imagine a hairy angry midget with a lazy eye, halatosis and anal leakage saying it, and you will by ROTFLYAO.
some have refered to me as the Super Calous Frightful Midget Plaged With Halatosis. :D

MudPumper
08-23-2006, 04:30 PM
If today was your court date, you could show up at court and it might get thrown out. If the judge sees that you are there to take care of your business but the officer didn't, it might work in your favor.
When you get a ticket (Notice to Appear) the officer will write court date on the citation usually 30 days from the date you received the cite. This is the date you are required to show up in court for your araignment. You can take care of the citation on or before that date. The officer does not show up in court on that date. The araignment is just for you to plead guilty, no contest, or whatever, and pay your bail. If you choose to fight the ticket, you pay your bail, and the judge will assign a new court date for a trial. The officer will be receive a subpoena and then, if he does not show up on that date, the citation will be dismissed and bail returned to you. Just because the court does not send a notice to you in the mail does not mean you are not required to take care of the citation by the date the officer gives you to appear. It is your responsibility.

Kilrtoy
08-23-2006, 04:48 PM
It doesn't bother you anymore. What fun is that? :D
GRAY DAVIS FOR GOVERNOR

LHC30Victory
08-23-2006, 05:21 PM
HolyMoly, you are partially right except you forgot the due diligence case law ruling. Similar to outstanding arrest warrants, an unsatisfied traffic citation must be properly filed. If it misses the appearance date it must be "refiled" in that a new appearance letter is to be sent to the defendant. If not, then it becomes an invalid complaint....end of story there.
If it does go to warrant - meaning the complaint is properly filed and the defendant does not appear - then due diligence applies. The agency MUST make a good faith attempt to serve the warrant in a reasonable amount of time (depends on case type usually) or the warrant can be overturned.

RitcheyRch
08-23-2006, 05:54 PM
Mine was for tinted windows as well.
Ive had the same thing about 3 years ago on a fix it ticket. The guy never filed and i was going to the courthouse once a month for eight months. Nothing ever came about after 8 months and so i said fk it.... The courthouse wouldnt sign off the ticket because they had no record. I sure hope there isnt a warrent out there for me on a freekin tinted window violation!

moneypit
08-23-2006, 11:21 PM
It is true, I am all knowing. Get used to it.
Are you still offended from my HOA stance? Pussy.
But, even though you did not put a disclaimer in your original post that we should lay out our credentials before giving you information, which it seems you have singled me out for... I will humor you and I will use the smallest possible words so I don't confuse your feeble mind...because what are you? A moron? An idiot? Or just your average dumb ass? If you don't like those questions...don't dish it out or STFU.
I know you won't since you are still all butthurt from another thread. When you stop crying, we can still be friends. :D
First of all you come off with words that ask for attention. I singled you out because your words called me out. You might expect some people put up with the way you talk to them, but Im not one. I try to be nice when I offer an opinion or advice. Telling someone to just STFU is rude. Then to come on this thread and say I have a feeble mind or possibly a moron, idiot or the average dumbass, tells me that you are in fact looking for a typing argument. I'll leave that to the kids. I have too much to do in my day to go back and forth in on the computer. I will not just stand back and let you call me out.
To me, theres two types of conversations. (1) Be nice (say things in a constructive way. Or (2) Settle it face to face. You might think your tough while talking shit on the other side of the wire, but thats what little girls do. Are you a little girl?
So tough guy, you got something to say? Pick the place. I would rather stay butthurt and not be your friend. I'd enjoy choking you out. :D

No Name
08-23-2006, 11:48 PM
Where have I seen this before. :confused: :D

Backtanner
08-24-2006, 03:19 AM
I just had a court appearance for running a red arrow right in front of a cop a few weeks before. All he gave me at the time was the ticket which had instructions of either paying the fine, traffic school, or fighting it. Just as was getting ready to do the school gig, I noticed a glich on the cop's part. So marked off the "Not guilty" block and was assigned my day in court. So the day comes and I'm there, the cop is there and as luck would have it I'm the first batter up. He gets up and tells the judge what I did and fingers me as the one. The judge then asks me how I plead and I simply replied that according to the ticket this happened on the morning of July 9th 2001. The cop and the prosecuter started grabbing at their copy of the ticket to verify it. Meanwhile the judge asks the prosecuter if he wants to amend the charges. So with no time to spare and relying on years of Law and Order experience I told the judge I wished for an immediate dismissal based on the fact that I was pretty sure this was beyond the statute of limitations and that I was living 2000 miles away in CA in 01. The judge just smiled and agreed. It was all I could do not to laugh in the cops face. Perp - 1, Cop - 0!