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  1. #1
    Join Date
    Jul 2007
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    1

    Default Speeding Ticket Dismissed In Error And Re-Opened

    What is the name of your state? Arizona, Maricopa County


    So the story goes, I received a speeding ticket beginning of May 07 and planned to contest it in court. I called the courts to verify my court date and time and was told that the citation was closed and dismissed being that I attended defensive driving school.

    I stated that I had not attended driving school for this citation and that I was not even eligible to do so. I then asked what I should do, the clerk responded, saying that the citation is dismissed and closed. I said Ok, I suppose I will keep an eye on my driving record and asked for a copy of this information.

    The court clerk sent me a fax with all of the case information and it clearly states on there that the citation was dismissed being that I attended traffic school. I kept multiple copies of this document for my own record that I still have.

    On July 18, 2007 I received a letter in the mail from the Justice Courts saying that I have until July 17, 2007 to pay the fine or my license will be suspended, this letter was postmarked July 17, 2007 as well, very inconvenient I thought.

    I called them the following Monday to take care of things and the clerk told me that my citation was dismissed in error, and that my license as been suspended. I informed her of the situation and she told me that my licesnse suspension would be reversed and that I could come in this Thursday to request a hearing or send in a fax requesting a hearing. I opted to send a fax, which I did so today. I called to verify some information with the clerk and was told my license is still suspended and that I was supposed to send the fax in on the day that I called (this was never made clear).

    This is where I stand now, I am very frustrated that I am being worked around like this over an error on the courts behalf and I am very confused as to how this can be considered a legal process. If a case is closed and dismissed, in error or not, than how can it be re-opened with absolutely no forward notice to the defendant? I was under the assumption that there is nothing I needed to do with this case and that I essentially got a _get our of jail free card_

    I want some advice on how to proceed in court when I get my hearing, should I continue to try and fight the ticket as planned way back in May or should I simply expose the courts errors and request a dismissal? Also keep in mind that this is a simple civil traffic violation, nothing heavy.

    Thank you

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Speeding Ticket Dismissed In Error And Re-Opened

    I suspect that all of the errors will be corrected and that you'll end up where you started - with a speeding ticket, for which you are ineligible for traffic school. The errors and delays may work in your favor if you contest the ticket, but I doubt a judge will take so much pity on you that the ticket will simply be dismissed. (You knew from the start, after all, that the dismissal was a mistake.)

  3. #3
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Speeding Ticket Dismissed In Error And Re-Opened

    Quote Quoting Mr. Knowitall
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    (You knew from the start, after all, that the dismissal was a mistake.)
    I have to respectfully disagree. "A defendant has no obligation to bring himself to trial" (see Barker v. Wingo, 407 U.S. 514, 532, 33 L. Ed. 2d 101, 92 S. Ct. 2182 (1972)). And the OP did, indeed, notify the court of the error.

    But, it is the license suspension that I have a problem with. The Arizona Supreme Court considered the question of whether a hearing is required PRIOR to suspending a person's driver's license. In State v. Parra, 580 P.2d 339, 119 Ariz. 201 (Ariz. 06/05/1978) they ruled that it was NOT necessary to hold an administrative hearing prior to suspending one's license. They based their decision on the U.S. Supreme Court case of Dixon v. Love, 431 U.S. 105, 97 S.Ct. 1723, 52 L.Ed.2d 172 (1977). The Arizona Supreme Court ruled:
    Quote Quoting State v. Parra
    "Moreover, the risk of an erroneous deprivation in the absence of a prior hearing is not great. Under the Secretary's regulations, suspension and revocation decisions are largely automatic. Of course, there is the possibility of a clerical error, but written objection will bring a matter of that kind to the Secretary's attention. In this case appellee had the opportunity for a full judicial hearing in connection with each of the traffic convictions on which the Secretary's decision was based. Appellee has not challenged the validity of those convictions or the adequacy of his procedural rights at the time they were determined...." [quoting from Dixon].
    The OP's case, however, is distinguished from Dixon and, therefore, from Parra since he was NOT accorded a hearing on the traffic infraction which parcipitated this suspension.

    In my opinion, OP was deprived of due process when his license was suspended. The other question in my mind is OP's right to a speedy trial. If he can convince the court that this unnecessary delay is prejudicial (facts are no longer fresh in his mind, for example), he might get it dismissed. Or perhaps the officer won't even show up....

    In any case, good luck,
    Barry

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Speeding Ticket Dismissed In Error And Re-Opened

    Barker v Wingo relates to speedy trial issues. I don't see how it has any bearing on whether or not cwagner118 knew the court made a mistake - cwagner118 admits he knew of a mistake. To the extent that you're arguing that cwagner118 had no duty to correct the mistake himself, I agree, but that's not what was argued.

    I doubt that any court would find a "speedy trial" violation based upon a six week delay between the time a ticket was issued and the time court errors were corrected in relation to the prosecution of the ticket.

    I think everybody is in agreement that the court made some pretty big errors here, and the license should not have been suspended in this manner.

  5. #5
    Join Date
    Dec 2004
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    Seattle
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    Default Re: Speeding Ticket Dismissed In Error And Re-Opened

    Quote Quoting aaron
    View Post
    Barker v Wingo relates to speedy trial issues. I don't see how it has any bearing on whether or not cwagner118 knew the court made a mistake - cwagner118 admits he knew of a mistake. To the extent that you're arguing that cwagner118 had no duty to correct the mistake himself, I agree, but that's not what was argued.
    Thanks for the rebuke. The quote is from page 527 of Barker -- sorry I cited the wrong page initially. And I was, indeed, only stating that OP had no duty to correct the mistake -- even though he tried.

    Quote Quoting aaron
    I doubt that any court would find a "speedy trial" violation based upon a six week delay between the time a ticket was issued and the time court errors were corrected in relation to the prosecution of the ticket.
    First of all, it was nine weeks, not six. And some jurisdictions require the hearing within 45 days. I don't know about AZ. I was simply pointing out a possible defense.

    Quote Quoting aaron
    I think everybody is in agreement that the court made some pretty big errors here, and the license should not have been suspended in this manner.
    That's all I was trying to say, but as a legal argument, not just my opinion. Sorry if I offended you.

    Barry

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
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    28,906

    Default Re: Speeding Ticket Dismissed In Error And Re-Opened

    I'm not arguing anything - I'm just trying to clarify the issue. I stand corrected on the count of weeks.

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