How to Get a Court Date After Missing the Scheduled Hearing

My question involves traffic court in the State of: Missississpi, Hattiesburg

Hi all,

I will go ahead and start from the top. I was pulled over for a head light being out and at the time i could not find my proof of insurance. I have insurance but could not find the slip with the information on it when i was pulled over. I tried to go up to the front desk and show them i had proof of insurance and was told that they do not except proof of insurance at the front desk and that i would have to go to court and talk to a judge. I missed the court date and they said they sent a second court notice to my address accept the address on my license was to my old house that I have moved out before i even got the ticket. Now i have been calling up every number to find out when the next court date is so i can see if i can talk to the judge and do something about this. I have found the next municipal court date but not the time. My Dad said that i can just go up there and either before or after court ask to speak with the judge and explain everything. The clerk said i was found guilty because i didn't appear in court but i thought i was innocent until proven guilty? Now they want me to pay $800 for a ticket that i was clearly innocent of and even have proof that i was innocent.

Can anyone help me? Im just and college student with no money and i don't know what to do now.

Either follow your father's advice, or put on those big boy pants and start figuring out what you can sell to pay the fine.

Your time to show your compliance was at or before your court date. You can try seeing the judge now, but there's no requirement in law he dismiss the charges after your date.

You were NOT innocent by the way. You broke the law. The LAW requires you to have the proof of insurance with you. The state just gives a gracious exception if you show you were insured before your court date.

Will i be arrested if i show up at court and try to talk to the judge when i might possibly have a warrant out?

When you are charged with an infraction and fail to appear for a hearing, you can be defaulted.

Technically speaking, you should draft a motion to set aside your default, get a motion date from the court, file your motion, properly notice it for hearing on the motion date, and properly serve the prosecutor. It's possible that showing up on the morning of the court session will be sufficient -- that the court will accommodate you, that the prosecutor will be present, and that you will be able to get before the judge -- but it's also possible that they'll tell you that you're not on the docket, that the judge doesn't have your case file, and that you'll have to follow proper procedure. You can talk to the court clerk about how much formality the court will expect in this type of situation.

If you do try to simply show up, I suggest getting to court well before the first case is called, and making sure the clerk and the judge's secretary know why you are there, because if you don't tell them why you are there they won't be in a position to pull your file or call your case. If you show up at the end of the court session, you can reasonably expect to be told that the session is over.

You should take with you to court your proof of continuous insurance, your driver's license with your address properly updated to your current address, and enough money (or another acceptable means of payment) to pay your fines and assessments.

He hasn't stated what exactly he was charged with, but failure to display your insurance card in his state is actually a misdemeanor.

If he were charged with a misdemeanor, he would not have been defaulted upon failure to appear. I suspect he was charged with violating Mississippi Statutes, Sec. Sec. 63-16-13 (Failure to maintain liability insurance, punishable by a driver's license suspension and a civil fine), not Sec. 63-15-4, the misdemeanor offense. Perhaps he'll clarify.

i called the clerk and asked if they would tell me what my charges were so i could clarify for yall but she told me she wasent allowed to give them to me over the phone... idk if this helps but in a nut shell i was pulled over and received a ticket because i did not have proof of insurance. I missed the first court date. The clerk told me they sent a second notice to a address i was not living at so i missed that one aswell. When i first spoke with her she said i failed to appear in court so i was automatically found guilty and i had no other option but to pay them $800. I also received a collections agency bill for the $800 at my families new house (I technically live with my parents because i'm still in school). She also did say my license would stay suspended unless i pay.

- - - Updated - - -

if i am charged with Mississippi Statutes, Sec. Sec. 63-16-13 It says " fails to have motor vehicle liability insurance in at least the minimum amounts required " Which i do have the insurance for.


Sec-61-15-4 "If the owner shows proof that such insurance was in effect at the time of citation, the case shall be dismissed as to the defendant with prejudice and all court costs shall be waived against the defendant."

Which i have proof of insurance during the time of citation.

The clerk says i cannot have a court date just pay the fine. But i have not been proven guilty i have been assumed guilty

No, you failed to appear in court and were found guilty by default. If the clerk is telling you that you cannot get relief without filing a motion, then that's what you need to do -- and even that is no guarantee.

You should never blow off court, and you should follow the law and make sure that your address is always current on your driver's license. That way, you will be able to present your defenses to tickets and notices will come to the correct address.

i agree i handled this wrong and was absent minded about the whole thing. I didn't "Blow off Court". Regardless she wouldn't tell me anything about filing a motion or any other things i could possibly do. What does it mean to file a motion? Is that a appeal? I have never been to court before.