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  1. #1

    Default Error in the time of court date on ticket

    I received a speeding ticket tonight(60 in a 45) and the court date is 3/27/06 at 9:00 PM. Also, its not handwritten, but rather a box the officer checked, AM or PM, and there is no question which box he marked. Since no one will be there at that time of night, what are the chances the case will be dismissed?

  2. #2
    Join Date
    Sep 2005
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    Default

    Pretty close to 0%. You may well get a courtesy notice from the court with a corrected hearing time. You can check with the court to see how they have scheduled the hearing.

  3. #3

    Default

    This is in NC and I've never received a courtesy notice for previous tickets. If I'm not instructed otherwise, what will happen when 9pm on 3/27 comes and goes and no hearing takes place? Will it be considered my fault that the officer made a mistake, and if so, why?

  4. #4
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    Default

    If you miss the court date, you can try to get the resulting default set aside on the basis of the error. If the court catches the error, and ideally they should, they should send you a notice of the correct date and time.

  5. #5

    Default

    Yeah, be careful with the officers' error. Many try to outsmart the system by just dodging the court based on a clerical error, and don't show up for trial based on an error, thinking that the case will be dismissed. Unfortunately, the court has your number in these sort of matters, and are willing to prosecute to all ends. If you're reckless, the court WILL enter a default judgement against you, and then you'll have to be savvy enough to get a retrial or postponement. See, the jurisdiction doesn't care if you make a minor error in your driving (say 5mph over), but expect you to be considerate for errors they make. Its ridiculous, but unfortunately the reality.

  6. #6

    Default

    I don't intend to outsmart the system as I will be at the courthouse at the time indicated on the ticket(with a witness). I'll then return the next day to politely inquire as to why I was the only one who showed up for my hearing and find out what will happen next.

  7. #7
    Join Date
    Sep 2005
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    Default

    Oh, come on. You don't think that's trying to outsmart the system?

  8. #8
    Join Date
    Jan 2006
    Location
    Ontario
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    Default

    Lawyers, who spend a lot of time in court, know the hours. But the regular Joe doesn't. Heck, the Library across the street will probably be open at that time. It's not up to you to know Court hours. If the form say PM, that's their problem. Of course they'll motion for a new date (when confronted the following day), but object... heck, you're there when you were instructed to be there. You took the time out of your busy schedule, but the court was closed. It wasn't your fault. Demand to speak to the Prosecutor. (witness/schmitness... you don't need a witness)

    Of course, I'm no lawyer, so I might just be blowing smoke... But I'd do it if I were you

    B

  9. #9

    Default

    This is a minor 15mph over ticket. Why are you fooling around with the chance your insurance will increase for three years when you can go by the prosecutor's office and take a PFJ and get it over with?

  10. #10
    Join Date
    Oct 2005
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    California
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    Default Yes

    Sounds as though you're assuming he's guilty. Based on my observations, that's the attitude everyone involved in the system seems to have........ :roll: (and even though you're probably right, that's not the proper attitude to have..unless you're the cop that wrote the ticket.)

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