Speedy Trial Rights for a Speeding Ticket

[sooner61]

My question involves a traffic ticket from the state of: LA

Hello,

I have a question regarding, I'm guessing, procedure. On 3/17/2012 I was driving through a rural part of Louisiana on my way to Florida when the speed instantly dropped from 75 to 55. Within 20 yards of the 55 speed limit sign was a hidden cruiser and he pulled me over and gave me a ticket. I was very polite with the officer and explained to him that I can't have the ticket on my record as I am an EMT in OK and I drive ambulances for a living. He told me to write a detailed letter to the DA of the Parish and that the DA would most likely drop it because I work in public service. So when I got back to OK, I wrote the DA a letter and mailed it certified mail on 3/26/12. It showed it was delivered on 3/29/12.

Weeks went by and when I didn't hear anything back from the DA, so I gave his office a call. I spoke to the assistant DA, gave him my citation number, and he said that the citation had been dismissed and that I did not need to do anything further.

Today, 7/16/12, I received a letter from the DA's office stating that I have to complete community service and pay a fine in order to have the citation dismissed. The letter is dated 7/13/12. If I do not complete community service and pay the fine, my license will be suspended.

My question is, do I a case here to say that my right to a speedy trial or due process was violated? I was assured from the DAs office that the citation had been dropped and I did not need to do anything further when I called them in May, and now in the middle of July is receive a letter? I feel as if this is not right.


Thanks ahead of time for everyones input.

[That Guy]

My question involves a traffic ticket from the state of: LA

Hello,

I have a question regarding, I'm guessing, procedure. On 3/17/2012 I was driving through a rural part of Louisiana on my way to Florida when the speed instantly dropped from 75 to 55. Within 20 yards of the 55 speed limit sign was a hidden cruiser and he pulled me over and gave me a ticket. I was very polite with the officer and explained to him that I can't have the ticket on my record as I am an EMT in OK and I drive ambulances for a living. He told me to write a detailed letter to the DA of the Parish and that the DA would most likely drop it because I work in public service. So when I got back to OK, I wrote the DA a letter and mailed it certified mail on 3/26/12. It showed it was delivered on 3/29/12.

Weeks went by and when I didn't hear anything back from the DA, so I gave his office a call. I spoke to the assistant DA, gave him my citation number, and he said that the citation had been dismissed and that I did not need to do anything further.

Today, 7/16/12, I received a letter from the DA's office stating that I have to complete community service and pay a fine in order to have the citation dismissed. The letter is dated 7/13/12. If I do not complete community service and pay the fine, my license will be suspended.

My question is, do I a case here to say that my right to a speedy trial or due process was violated? I was assured from the DAs office that the citation had been dropped and I did not need to do anything further when I called them in May, and now in the middle of July is receive a letter? I feel as if this is not right.


Thanks ahead of time for everyones input.

I actually caught myself sitting here with my jaw hanging in awe....

As you requested, here is my input!

The answers to your questions are "NO" and "NO".

1) You never officially entered a plea (well, you probably somehow admitted guilt in writing), you never had a trial, that entire process was avoided to accommodate you and your special circumstances so first you ask for no trial (or a similar request) and now you want a speedy trial?

2) If you wanted due process, then you should have gone through the normal process which the system affords and guarantees you. But you opted to forgo all that. You specifically requested your case be treated differently than everybody else's! You requested certain accommodations and they obliged. And instead of being thankful that they did accommodate you , that they sympathized with your need to have a job, to keep a job, now you're complaining that you have to do community service and pay a fine? Did you seriously expect that they will simply say "POOF - It's All Gone"? And if so, why?

3) The conversation you claim you had with the Assistant D.A. means nothing. Not unless you got something -IN WRITING-. That's how plea deals work; lest one party end up changing its mind, but wait. You don't get to dictate what the outcome is or what choices you have. And at this point in time, you have two choices: a) Do community service and pay the fine they have requested, OR b) get you license suspended for failure to comply.

[PenrynBigbird]

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[That Guy]

Keep in mind the ExpertLaw - Terms of Use and Privacy Policy -

“Information provided in this forum is not intended to substitute for informed legal advice, or other professional advice. If you submit a question or comment on such a topic, it is assumed that you are interested in soliciting and receiving or giving general information rather than professional advice. You should bear in mind that the applicability of such general information might vary substantially in different states and according to the individual factual circumstances surrounding a particular question or comment. Accordingly, if you desire or require legal or professional advice, please consult a lawyer or other qualified provider who is licensed in your state or country.”

“Nothing on this website constitutes legal advice, and no attorney-client relationship, or other professional relationship, can be formed through the use of this website. Articles and information provided by ExpertLaw is for informational purposes only. Due to the nature of the law, it is possible that the information provided on ExpertLaw will not apply in your state or jurisdiction. Users rely upon any articles or information provided by ExpertLaw at their own risk. If you require legal assistance, please consult with a qualified attorney, licensed to practice in the jurisdiction where your legal needs have arisen. Please note that you should take legal advice only from a qualified, licensed attorney.”

You know you're only making a fool of yourself sitting here at 3:14am digging up threads that are over 5 months old so you can post something that is posted at the bottom of the same page!

[PenrynBigbird]

You know you're only making a fool of yourself sitting here at 3:14am digging up threads that are over 5 months old so you can post something that is posted at the bottom of the same page!

There's that pleasant personality again... Give it up, your opinion means absolutely nothing to me - with the exception of the amusement it provides. Had I listened to you I'd be out $470.00 and have a blemish on my otherwise clean driving record.

[free9man]

You know you're only making a fool of yourself sitting here at 3:14am digging up threads that are over 5 months old so you can post something that is posted at the bottom of the same page!

He's just trolling you TG. Don't waste your time on it. He might make a good addition to your signature sometime though!