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Convicted of Reckless Driving for Not Paying a Probation Fee

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  • 04-01-2016, 08:51 AM
    paziul
    Convicted of Reckless Driving for Not Paying a Probation Fee
    My question involves a traffic ticket from the state of: VA

    Hi,

    I had a court date scheduled for Mar 29 - the required and listed documents driving record (clean) and 8h of defensive driving school have been sent, and received by court.
    What my lawyer did not mention in the mail he sent me, was $30 of some probation fee that had to be included as well ( I still have his letter ).
    After I called the court clerk's office, if found out that I am guilty of reckless driving (85 in 70), because that 30 bucks fee was not paid.
    I thought it is a bad April fool's joke, but it is not, unfortunately.
    What are my options? Can I appeal? I just cannot imagine that this few bucks can mess me up for next few years.
    I already called a couple of attorney's offices, left a message... I will not pick the first one that calls back, this will be done if there is no other option. It is simply difficult to believe, that an appeal would need an attorney, especially if it is about $30, and an improper information that I received from the him (which I believe the court and the judge does not care about anyway).

    Would you have any suggestions on how to proceed with this situation I am in?

    Thank you,

    Mike
  • 04-01-2016, 09:16 AM
    Mr. Knowitall
    Re: Defaulted on a Ticket for Not Paying a Probation Fee
    Quote:

    Quoting paziul
    View Post
    What my lawyer did not mention in the mail he sent me....

    When you say "my lawyer", that normally indicates somebody who represented you in the matter. If this lawyer was representing you in court, and made an error that resulted in you violating the terms of your sentence, then you need to contact your lawyer about how that mistake might be corrected. But when you write,
    Quote:

    Quoting paziul
    I already called a couple of attorney's offices, left a message...

    You suggest that you were not represented by the first lawyer that you mentioned. Did he represent you, or not?
  • 04-01-2016, 09:28 AM
    paziul
    Re: Defaulted on a Ticket for Not Paying a Probation Fee
    Quote:

    Quoting Mr. Knowitall
    View Post
    You suggest that you were not represented by the first lawyer that you mentioned. Did he represent you, or not?

    He represented me nearly a year ago, on the date of the court date schedule shortly after I received the ticket.
    Since then, I received mail from him, with the court order, probation details, and requirements to have the case dismissed on March 29.
    He did not include $30 fee as a requirement of the probation. All other requirements such as the documents requested, a court fee, and no new tickets, have been satisfied - but $30.

    Mike

    I do not suggest that I was not represented, I say that I started doing some homework including looking for a lawyer - beside just trying to contact him, which I did, but did not hear back from him anything yet.
  • 04-01-2016, 09:33 AM
    budwad
    Re: Defaulted on a Ticket for Not Paying a Probation Fee
    So call the court clerk and tell them that it was an oversight and ask if you can pay forthwith.
  • 04-01-2016, 09:39 AM
    paziul
    Re: Defaulted on a Ticket for Not Paying a Probation Fee
    I did ask the clerk that specific question - she said that I need to talk to a lawyer.
    She also told me that I will need to pay $350 or so for the "new" court costs - this bill is still "in transit". But it looks like $30 is not included in the $350.

    I am only hoping that the attorney will respond and offer/provide a solution for this "oversight" - I have 10 (rather 7) days to appeal the court's decision. Other than this thank you all for your responses - I appreciate any other ideas you might have. I will also add post(s) with progress/outcome of this (...) situation.
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