Another traffic violation question

[Tyme2fish]

My son ( 22years old) got a speeding ticket in an ajoining state (Kentucky) last month. 87mph in a 65mph zone.<br />The officer did not have the "proper" speeding ticket form to give him and just gave him a notice of "violation" paper. Told my son he was out of tickets.<br /> He gets a notice from our home state that his driver's license will be suspended in 60 days if the fine is not taken care of.<br />On the paper the officer gave him the date of offense was 9/11/2005 and the court appearance date was 9/09/2005. How can he show up to court 2 days prior to getting a ticket? Is this enough of an error to have the matter overturned?<br />Pay the fine (don't even know how much as that was not specified) or get a local lawyer in the county and state of offense?<br />It's about 150 miles from where we live and he's in college another 180 miles further north.<br />He accepts that he was speeding but there seems to be enough "technical" errors here to have it dismissed or is he wrong about that.<br />What should he do?

 

[alden135]

Re: Another traffic violation question

Maybe your 22 y/o should pay the ticket and learn a lesson now before winding up dead.

 

[dolluper]

Re: Another traffic violation question

That's a good one,go to court before you speed I love it

 

[alden135]

Re: Another traffic violation question

My previous post may sound a little cold but I had a good friend die at 20 and my brother in law at 24 due to driving like that.

 

[Tyme2fish]

Re: Another traffic violation question

He accepts the fact that he was speeding.This was daylight on an empty interstate,but still no excuse. No, I do not condone the fact that he was 22 over the limit and speeding.<br />However I read a "tone" in your reply with which I do not agree.<br />I was asking a legal question, not how to raise my children,thankyou.

 

[Tyme2fish]

Re: Another traffic violation question

Sorry Alden, I did take that as a little harsh. My apologies to you for my answer post.

 

[alden135]

Re: Another traffic violation question

Originally posted by Tyme2fish:<br /><br />I was asking a legal question, not how to raise my children,thankyou.

Don't post your woes on the net and then whine about the replies.

 

[Tyme2fish]

Re: Another traffic violation question

Originally posted by alden:<br />

Originally posted by Tyme2fish:<br /><br />I was asking a legal question, not how to raise my children,thankyou.

Don't post your woes on the net and then whine about the replies.

Hmmmm? Didn't realize I was posting "woe is me, alas woe is me." Thought I was just asking a legal question. Yep, one never knows whom one will "meet" on the internet.<br /><br />UNITED STATES ARMY VETERAN 1970-1974 VIETNAM

 

[Chief101]

Re: Another traffic violation question

He should have called the courthouse to get the facts and eliminate any confusion. Do the crime, pay the fine.

 

[SpinnerBait_Nut]

Re: Another traffic violation question

Call the county in which this took place and get the price of the fine and pay it.<br />Best thing to do all the way around.

 

[Drowned Rat]

Re: Another traffic violation question

It all depends on the judge hearing the case.

 

[neumanns]

Re: Another traffic violation question

The tecnacality will lickley get thrown out as spirit and intent prevail in most courts.

 

[kenimpzoom]

Re: Another traffic violation question

I dont think the wrong court date would get it thrown out. Usually its things like, wrong location, wrong color of car, errors in the name, etc, etc.<br /><br />Check the fine amount, and compare it to the amount of gas used, lost time, etc, to fight it.<br /><br />Call the court, they should clear up the questions.<br /><br />Ken

 

[jimr]

Re: Another traffic violation question

more than 15 mph over is considered reckless driving and could lead to suspension of drivers lic. and doesn't look good on insurance. I would get some legal advice from a laywer.

 

[POINTER94]

Re: Another traffic violation question

How big was the fine?

 

[BrettNC]

Re: Another traffic violation question

In the past I've gotten a lawyer to handle a ticket that was issued out-of-town, if it were to affect my insurance. Your son was doing 22 mph over. This will probably hit his insurance in a big way. Retain an attorney. Most of the time it can be done over the phone. I think it will be cheaper in the long run.<br /><br />I think we can all agree that 87 in a 65 requires some adjustment in driving habits.

 

[deputydawg]

Re: Another traffic violation question

Clerical errors do not wipe out the offense. BUT on the other hand the court does have to give proper time notice before court appearance. It must be a reasonable time not to exceed 6 months. I am sure the date was just written wrong. <br /><br />He needs to call the court immediately and explain the situation. They will probably figure he is just another whiner and ignore him, but keep it up. The courts will not do much anyway, but notice will be taken. Next call the district attorney that takes traffic cases and present the problem to them. At the least it will get rid of a fail to appear charge which is violation of a court order.<br /><br />The problem is now it is 1 month past the date. Why wait a month? The courts will ask this question, so have an answer. It will look like he ignored the problem until it came after him, not he is making excuses like a lot of people do. Do not get rid of the paperwork, be prepared to pay the fine, but be sure to contact someone and get it taken care of before it gets worse. The more time passes the worse it will be. The judge will probably say why not call as soon as the error was found?<br /><br />Here if we mess up a court date (wrong date, schedule on a full court day, schedule when a judge is gone etc.) the court sends out notice of teh correct date. Be certain that he did not get a notice and forget to tell you, or fail to open the notice.<br /><br />Good luck and get on it right away!

 

[Barbee Q]

Re: Another traffic violation question

I would call the court, get the address and submit a copy of the ticket as proof. That way at least it will get changed in the system. Or fax it to them eitherway with a letter of explanation... Otherwise if it lapse's it maybe more and a warrent.

 

[Bob in Calif.]

Re: Another traffic violation question

The first thing I would do is contact the DA of the city or county of where the citation was issued and find out what the proper court is/was. If the actual date was missed and without any contact by your son, there is the chance a warrant was issued for his arrest and a "FTA", failure to appear, charge was added to the speeding charge. In Calipornia, a "FTA" charge is a misdmeanor, which can result in a jail time, expecially with that kind of speed. <br /><br />I would contact the DA's office in the county seat of where the cite was issued ASAP and try to make a deal, due to the incorrect information he received from the officer. Due to the mistake, they might want to deal it out real quick like.<br /><br />This should have been done weeks ago. Did you just learn of this recently???<br /><br />...Bob in Calif...

 

[jtexas]

Re: Another traffic violation question

If it was my (adult) son, and if he asked me for advice, I'd advise him to call the clerk of the court and see what it will take to straighten out the date thing, and what the fine would be. Then decide whether to pay the fine by mail or else hire an attorney. Considering the distance involved, I'd definately prefer an attorney over self-representation. <br /><br />If he didn't ask for advice, I would still strongly encourage him not to let the 60 days expire. But I wouldn't hound him about it. It's a lesson you can't teach him; he'll have to learn it on his own (if he hasn't already ).<br /><br />Who among us didn't routinely drive 87 in a 65 at 22? <br /><br />just my 2¢<br /><br />Couple questions, just out of curiosity:<br /> - his car, gas money, insurance or yours?<br /> - did he ask your advice? I'd admire him for that, doubt I would have asked my old man at 22.