What is Proper Notification for a Speeding Ticket Court Date

[pz87fm]

My question involves a speeding ticket from the State of: Ohio

I received a speeding ticket in Ohio form the Highway Patrol on 6/25/11 for 82/65. The ticket had an arraignment date of 7/6/11. After talking to the court, they told me I could fax in a not guilty plea, which I did. They also wanted me to fax in a waiver of time letter, which I did not do. They received my fax stating my not guilty plea on 7/5/11, and it was entered into their website that I pleaded not guilty.

About an hour ago, at 11:00AM on 7/18/11, I received a message from someone at the court (couldn't make out their title) on my cell phone telling me that if I didn't send them a waiver of time letter that they were going to set my court date for tomorrow, 7/19/11 at 10:30 AM. I have two questions. One, is it legal for them to set a court date and notify me about it via a phone message? I was under the impression that I would have to be sent a summons. Secondly, what will happen if I don't show up? I live 70 miles form the court in question and will have to take the day off from work.

Sorry for the short notice, but if anyone has any advice, I'd certainly appreciate it. Thanks.

[That Guy]

I received a speeding ticket in Ohio form the Highway Patrol on 6/25/11 for 82/65. The ticket had an arraignment date of 7/6/11. After talking to the court, they told me I could fax in a not guilty plea, which I did. They also wanted me to fax in a waiver of time letter, which I did not do.

And the reason you did not fax the time waiver is..... what???

I have two questions. One, is it legal for them to set a court date and notify me about it via a phone message?

Difficult to say considering we have no idea which court this is or what local rules/procedures that court allows... They do accept pleas by fax so I don't see it as that big a stretch to have the ability to notify you of a hearing date by phone, especially considering the fact that you'll be the one who will have to go in and beg your way out of a conviction in absentia or a failure to appear charge if you don't show up tomorrow!

They received my fax stating my not guilty plea on 7/5/11, and it was entered into their website that I pleaded not guilty.

And yet my guess is that there was no hearing date set at the time due to the fact that they were still waiting for the other form.... Am I close?

what will happen if I don't show up?

You could be charged with failing to appear, the trial could proceed without you or you could be found guilty and your case will be closed.

You obviously could contest any of the above results but when doing so, what excuse will you give to the judge for failing to submit the required time waiver form which was requested from you? And what excuse will you give for not appearing?

I live 70 miles form the court in question and will have to take the day off from work.

So... you either take the day off and drive the 70 miles, or you fax them the form they requested....

Sorry for the short notice, but if anyone has any advice, I'd certainly appreciate it. Thanks.

Yeah.. My advice, is don't play games with the court... You're setting yourself up for a losing battle!

Did you seriously think you were going to outsmart the system?

[pz87fm]

Not sure what your problem is. I'm not trying to outsmart the system, I'm trying to figure out if they have to give me more than 24 hours notice to show up at court? So what you are saying is that if I decide to not give them a waiver for a speedy trial, they don't have to give me any notice of when the trial will be?

[That Guy]

Not sure what your problem is.

Actually, I'm not the one with the problem... I'm not the one who has a court appearance tomorrow...

I'm not trying to outsmart the system, I'm trying to figure out if they have to give me more than 24 hours notice to show up at court? So what you are saying is that if I decide to not give them a waiver for a speedy trial, they don't have to give me any notice of when the trial will be?

You still have not answered my question as to why you did not submit the waiver form as requested by the court?

[pz87fm]

Because I don't want to waive my right to a speedy trial. Just because I don't want to wave that right doesn't mean that I lose all of my other rights. All I am asking is if there is a requirement to be notified about a court date through some other means than a message left on my cell phone. If you don't know the answer quit responding.

[AZDeputyClerk]

Check your local court rules. That will answer the question. The court may also be required to send notice to your last known address of record. That said, in matters where hearings must be calandered within a short time frame, the mail may not arrive at your residence before the time set for the hearing.