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  1. #1
    Join Date
    May 2008
    Posts
    9

    Default I Go to the Court Today, but the Court Says There's No Trial Record

    My question involves traffic court in the State of:California


    My traffic ticket date is on 7/2/08.

    My Trail De NoVo Original Court date is 12/10/08.

    I rescheduled to 1/14/09, and I came to the court on time.

    My name was not called in the court. The Judge said no trail record for me today. Of course, the officer who cited me is not present.I didn't bring the Letter(which has the infor, such as ,date, time, place, floor for the court) with me, so The Judage told me to ask more information in from the Clerk in another office.

    I spent 2 hours there, I got nothing. the Clerk double check the computer, and told me that, my court date is 12/10/08, there is no new court date.
    But I told him I got a letter can prove that 1/14/09 is my court date.

    He signed a paper and which has his name, today's date and time and told me to bring that letter and talk to him again next time.

    This obviously is the court's mistake. I double check the letter today, I did came to the right place, right date and time. However, there is no record in their computer.

    Can I ask court to dismissed my case, because I present to the court at the date the "letter" said and the officer didn't present. The Clerk can prove that I came to the court. What should I do if this is possible?
    If not, will they give me another court date for trail? but the letter said, no future continuances.

    Thanks!

  2. #2
    Join Date
    Feb 2008
    Posts
    1,622

    Default Re: I Go to the Court Today, but the Court Says,No Trial Record,

    Why not write to the court in the form of a motion and ask for a dismissal in the interests of justice. Send a copy of your letter and the paper that showed you were there at the right time. You need to do something, as it stands now, you probably have already been convicted in absentia.

  3. #3
    Join Date
    May 2008
    Posts
    9

    Default Re: I Go to the Court Today, but the Court Says,No Trial Record,

    Quote Quoting EWYLTJ
    View Post
    Why not write to the court in the form of a motion and ask for a dismissal in the interests of justice. Send a copy of your letter and the paper that showed you were there at the right time. You need to do something, as it stands now, you probably have already been convicted in absentia.
    Thanks for your reply, is it better to ask to dismiss the case in writing a letter , or go to ask the clerk to do so?

  4. #4
    Join Date
    Feb 2008
    Posts
    1,622

    Default Re: I Go to the Court Today, but the Court Says,No Trial Record,

    First... the clerk has no authority to do ANYTHING other than take your money. Second... you aren't writing a letter, you are filing a motion.

  5. #5
    Join Date
    May 2008
    Posts
    9

    Default Re: I Go to the Court Today, but the Court Says,No Trial Record,

    I brought the "letter" and went back to the court this morning, they rescheduled another court date, which is a month from today, on Friday, 2/20/09, 5:30 PM,
    Regularly, it's 1:30pm. I try to ask about file motion to dismiss, but the clerk said, they can't do it.

  6. #6
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: I Go to the Court Today, but the Court Says,No Trial Record,

    I doubt that a scheduling error will get you a dismissal.

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