I got a citation a month ago for a suspended license. I should never of gotten this, as the next day D.O.T, over the phone, admitted a clerical error and immediately reinstated my license and issued me a 40 dollar refund. I asked about court and they told me twice, we're going to take care of that, twice they told me this. (they were kind of sweating their mistake). Well last Tuesday I got to jail for a Bench Warrant for the court date i didn't go to??? I spent 44 hours there, missed two days of work and got sick for a citation I should've never received in the first place...what do you all think?
2007-04-30 01:40:18 · 7 answers · asked by bigpunkdrummer 3 in Politics & Government ➔ Law & Ethics
Unfortunately this is the way of the judicial system. They make mistakes like this all the time. They should have told you once a bench warrant is issued, it has to be served. You could have wrote the judge that issued the warrant and had someone take the letter to his clerk and he would have lifted it.
I work for a lawfirm and we write these kinds of letters all of the time. What you can still do is write the judge asking him/her to expunge the warrant and any negative information that went along with the arrest. This would be free to you because this was an error on their part. Hope this helps you.
2007-04-30 01:48:00 · answer #1 · answered by ladytilend 1 · 0⤊ 0⤋
A bench warrant means a judge reviewed the case and decided that you needed arresting. Are you going to sue the judge?
What was the final outcome? What do you have in writing to support your side of the case?
2007-04-30 01:50:45 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Hard lesson to learn, but bottom line, it's your responsibility to show cause to the courts that you should not have been issued the citation. I realize that the DOT screwed up, but you were the one that was given the citation and ordered to appear in court. And although the DOT stated they would take care of this, it takes time. Speak with the judge whom you didn't initally appear in front of, and explain the situation to him/her. He or she may be able to assist you in clearing your record of this situation.
2007-04-30 01:45:53 · answer #3 · answered by Amanda S 2 · 0⤊ 0⤋
Unfortunately there is little if anything you can do about this "clerical error" -
You could sue but I seriously doubt if you would get anywhere with your lawsuit since the DOT would probably lie about telling you twice not to worry about it and that they would take care of it!.
Suck it up and go on with your life.
Good Luck!
2007-04-30 01:48:33 · answer #4 · answered by Anonymous · 1⤊ 0⤋
I think you're screwed without a lawyer, because there's only one potential document I can see that would support your story. They're never going to find that 40 dollar check for you, it's going to take a lawyer to make them find it, and without that, you have only hearsay evidence that they told you anything, which means you are screwed.
You trusted the word of a government bureaucrat. You should have asked for it in writing, at least a fax.
2007-04-30 01:45:24 · answer #5 · answered by open4one 7 · 0⤊ 0⤋
man you should sue, that's messed up that the government can't be responsible
2007-04-30 01:50:09 · answer #6 · answered by Anonymous · 1⤊ 1⤋
ask a lawyer they will help you!!!
2007-04-30 01:45:18 · answer #7 · answered by Anonymous · 0⤊ 0⤋