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  1. #1
    Join Date
    Dec 2007
    Posts
    6

    Default Missed Court Date After a Serious Accident

    hi folks, newbie here but have i got a good one.

    first, i live in l.a. county california and the court in question is west covina court.

    now for the story,

    in 2002 i moved from AZ to cali for work, from what i remember ( more on that later) about august or september of 02 i was ticketed for violating 23109(c) and no proof of insurance.

    now, i was stoped by an la county sherrif today and he re-wrote me for the same charge saying that it was a "summons" for the arrest warrant that was ordered in 02.

    now for the kicker, in 02, after the original citation, i was t-boned by a mercedes ml320 which left me in la county usc hospital for 3 months undergoing reconstrutive surgery to my left wrist, at the same time the C.A.T. scan showed sever right frontal lobe damage due to slaming into the door pillar of the truck. (i was on a bike) now, i left cali and for about a year i was in seattle learning how to be human again. i have next to no long term memory still.

    now here is the thing, my father had power of attorney and commisioned a letter to the DA explaining the circumstances. i have no idea if there was ever a reply,

    now i'm back in california permanently and i have been to the courts several times the DMV a dozen times and even talked to the cali attorney general,

    at no time has this ever come up....oh yeah, i have a few other tickets since then as i traveled in cali but this never came up on the CHP or any other police inquiry.

    i have been going through the laws and have come upon the bills to ammend or repeal certain laws and it looks as if the 23109(c) law was enacted in 04-05.

    so here is the big question since i'm going into the court on monday to at least ask whats this? isnt there some kind of statute for how long this can be carried over? i mean 5+ years?

    i have no memory of the events in question and there were no witnesses that i can remember.........

    any know how to proceed so i don't get shafted?

    if yall frogot here a short version

    02 ticket for 23109(c)
    02 major crash, left cali to recover
    other tickets in 05-06
    current stop notified of a 5 year old warrant
    no records anymore of crash or citation


    any help? or should i just walk in and give the judge the finger and tell him what i think of his mother? (same amount of jail time)

    HELP PLEASE!!!!

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

    Default Re: Missed Court Date After a Serious Accident

    You were cited at the time, so the statute of limitations stopped running. Failure to appear in court doesn't make the charge go away. I suggest getting help from a local criminal defense lawyer - a much better idea than insulting the judge.

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