In January I was being tailgated on the freeway unable to get over to the slow lane. The minuet I got into the lane I put my brakes on to slow down to the speed limit. Well the second I got into the lane, I was passing an on ramp, guess who is getting on the free way....You guessed it The wonderful California Highway Patrol... He pulled me over, gave me a ticket told me to be in court on such and such date...Well I went to court on said date, the ticket was never filed.. That was 2 months after the violation... I asked the court clerk when do I show up next to plead my case, she said that I have to wait for the officer to file the ticket. She gave me a number to call. She told me to call once a month to see if it has been filed. Well I have called 2 a month. My ticket wasn't filed according to their records....Keep calling. BTW officers have up to 1 YEAR to file a ticket. Needless to say it was filed, I had a failure to appear, and now my license is being suspended unless I pay $500
2007-05-28 14:00:54 · 6 answers · asked by Boredoutofmymind 4 in Politics & Government ➔ Law Enforcement & Police
The thing that ticks me off the most is I never received a notification that the ticket was filed. This is the second time this has happened. I am thinking about contacting a lawyer...Has anyone had this happen to them, or any advice?
2007-05-28 14:02:19 · update #1
I am thinking about trying to change the law. I just don't know how to start it. Nobody in the system can say why they have a year to file it.
2007-05-28 14:26:11 · update #2
I don't know California law, but if you appeared on the date shown on the ticket, and they were not ready to proceed, the STATE is at fault. Your case should have been dismissed at that time. If they failed to notify you of a new court date, the hearing is invalid and so is the suspension. Unfortunately, an attorney to correct the issue will probably cost more than $500. I don't think you can get them to pay your attorney even if you win. Allowing the officer a full year to file the ticket, or even past the court date on the ticket, violates your right guaranteed by the 6th amendment to t speedy trial.
Edit: If this happens often, maybe you could start a class action lawsuit to have the law allowing 1 year to file the ticket declared unconstitutional. Refunding fees charged to people in your situation may actually pay for the attorneys.
2007-05-28 14:09:58 · answer #1 · answered by STEVEN F 7 · 3⤊ 0⤋
I'm not surprised. Seems like another way to extort money, don't file the ticket for 7 or 8 months, then fine them for failuer to appear.
2007-05-29 03:10:29 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You can try a lawyer, but I don't know if it will do you any good. They'll probably tell you that you have no case because it's your responsibility to check the status of the ticket. I would just pay the $500 and be done with it. It would probably be cheaper for you to just pay it rather than go to a lawyer.
2007-05-28 21:06:55 · answer #3 · answered by Anonymous · 0⤊ 2⤋
Now you've got me worried!
It happened to me. I deserved the ticket (just not paying attention, illegal U turn).
I called and called, no record.
I ought to check.
Unlike you, I don't have any anger toward the officer or his fellows (they are my heroes for the risks they take protecting my family and others).
Does anyone know WHY they have a year to file?
2007-05-28 21:12:57 · answer #4 · answered by mckenziecalhoun 7 · 1⤊ 2⤋
that is messed up
2007-05-28 21:48:22 · answer #5 · answered by Steven C 7 · 0⤊ 0⤋
CHiPs!
Piece a CHiPs is more like it!
2007-05-28 21:06:44 · answer #6 · answered by gcbtrading 7 · 1⤊ 4⤋