I got the tickets and I was deployed over seawith the Army. Some drove my car without my permission and now I am ordered to court and if I dont show up they say they are going to put a warrant for my arrest. It kind of seems excessive, I called them and they say its for a meter, and a do not park over nite ticket. They were rude over the phone and say they stick it to lots of other people who were on active duty and out of state when they got their tickets.
2007-09-06 10:56:57 · 6 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
It seems so unfair like the person taking my car doesnt have to accept any resposniblity.
2007-09-06 11:08:58 · update #1
I parked it legally in a driveway, and it wasnt supposed to move no where.
2007-09-06 11:15:04 · update #2
You should appear as ordered. You might want to consult an attorney (depending on how much money we are talking about). These don't sound like they could possibly be considered a moving violation, so I would not worry about it affecting your DL or insurance.
It also appears that they violation goes to the registered owner and not the driver. If it were a moving violation, then the driver, not the owner would get the ticket.
As with most traffic cases, you probably don't have a leg to stand on. It is your car. Even if you were on active duty, you still have to park your car legally.
You might speak with the prosecuting attorney when you go to court. Maybe they will cut you a break and dismiss for court cost. Doesn't hurt to ask. But don't ask the judge for this as they only want to hear how you plead.
Good Luck
2007-09-06 11:12:17 · answer #1 · answered by hensleyclaw 5 · 0⤊ 1⤋
Well, first I'll answer your question, then I'll give you some advice.
Contempt of court comes in two fashions. One is where someone violates an order of court. This can be a violation of an order of protection (criminal cases), an order to cease and desist an activity (usually civil cases or striking). The other one is where you're actually IN court and you do something to elicit the judge to give you a verbal contempt of court warning. If you do the behavior again, then you're likely to be placed in jail immediately, for criminal contempt. There is actually no real proceding or due process which needs to take place, the judge can sentence you right then and there.
Now here's your advice. Technically, the court can order your appearance. However, NO COURT can order you to come back from a deployment, EVER. That means that as long as you're on a military deployment and you cannot get back to answer the charges, you're ok. You can have an attorney appear for you to answer the charges, which is what I'd recommend. A parent or sibling with power of attorney, may also appear on your behalf, but may not actually be your attorney. They can submit evidence to the court, but cannot try a case on your behalf.
My suggestion is to get the person who got the ticket to.....PAY THE TICKET. Case closed. If they will not pay the ticket, your friend/relative with power of attorney, can show the court your deployment/active military paperwork to show that a warrant is unecessary. You can defend yourself against the charges by merely showing that you were out of the country during the date of incident as well. But they'll suspend your registration, your license and then you'll really be f*cked.
Bottom line - pay the ticket.
2007-09-06 18:16:50 · answer #2 · answered by LawGunGuy 3 · 1⤊ 0⤋
Unfortunately you are still responsible for anything your vehicle is involved in. You should have given the keys to someone that would have watched it better. If you know who it was that drove your vehicle I would tell them they need to appear in court, explain to the judge what happened and pay any monies owed. Other wise you are going to have to settle the matter yourself.
I would send a notarized letter to the clerk of the court explaining the situation. You should enclose proof that you were actually overseas when the incident occurred. Possibly a letter from your Company Commander.
Expect to have to pay the fine though.
2007-09-06 18:18:24 · answer #3 · answered by From Yours Trully 4 · 0⤊ 0⤋
Defiance of court orders to do something, like appearing in court, failure to pay judgment ordered, and things of this sort.
2007-09-06 18:05:38 · answer #4 · answered by WC 7 · 0⤊ 1⤋
If you were deployed overseas you will be ok! Some friends you have!
2007-09-06 18:05:39 · answer #5 · answered by cantcu 7 · 0⤊ 0⤋
they can't touch you .after all how would it look ,holding you in contempt of court while you are overseas fighting for your country.the media would love to cover that story.
2007-09-06 18:16:43 · answer #6 · answered by moanalisa 4 · 0⤊ 2⤋