Hello gang.

I've run into a bit of misfortune lately:

- I was pulled over for running a stop sign (which I did not run) ---> August 3rd (08/03)
- Court date was set at October 3 (10/03), bail amount at $147
- First ticket ever, no accidents, I'm 20, been driving since 16

- Paid Fee mid/early September: Mailed check + submitted request for "Trial by declaration" + submitted completed copy of "trial by declaration" form [Main purpose: Avoid court appearance] ---> I read the rules carefully...


----> Waiting...waiting...waiting... I'm told it takes a while

- Oct 27th ( 10/27) = receive notice that I'm late with either payment or court appearance; new bail amount: $659
- Oct 30th (10/30) = return from UTAH to read notice
- I realize that somehow they either didn't get my check/form or they didn't process it or something stupid happened...

---> NOW, don't know what to do!

I'm thinking I'll call them tomorrow and explain what happened, but I have no proof of anything so I may end up paying $659 for a stop sign I never ran.

Any advice?


Addition: How I was pulled over:

- @ night, I make a right turn from residential to main road (stopsign is at residential)
- I accelerate to at least 35mph (maybe 40)
- I see cop ON THE OTHER SIDE OF THE ROAD turn around and pull me over ---> I see the cop slow-down as I'm passing 35/40 mph, he's at least 150 ft. in front of me when I spot him... he gets on my side of the road and pulls me over. He was obviously FAR FAR away = ridiculous

- I did stop, but my car was angled toward the right
- expletive! I got a ticket for nothing...and now I'm slammed with an uber-ticket for nothing.

- expletive!


Thanks for listening. If you have any suggestions, please let me know. Wish me luck.

 

lawyer

 

get a copy of the check from the bank showing it was paid... this whole process will be a pain in the ***.

 

Heh... I wish they had a copy

The check was never cashed = so I have no proof that it ever existed (I could just as easily write another check and date it whatever I pleased, make a copy of it, and claim it was a copy = no proof)

So now that check is just floating around somewhere... If it is found then perhaps it'll make things easier (I'm going to ask them to check their records again maybe...dunno)

 

if it was never cashed then what made you think they got it? if they had it they would cash it.

Should have checked your statement to see if it went through and if not ask them if they got it. It may have got lost in the mail = not their fault. Sorry.

 

Did you try calling (or going to) the court to explain that the check got lost in the mail and you want a trial? If so, what did they say?

 

You really need a lawyer now. The court system is not set up to be user friendly. They make the rules, and you are currently breaking their rules. It will be up to you to prove that you did not break their rules. An attorney can do this for you.

Check out http://www.motorists.org/

The lesson here is to always send your correspondence with some sort of "Certified, Receipt Request" so that someone has to sign for it and you get a copy of the signature.

 

Actually I sent in a Trial by Declaration, and I'm not sure, but I was thinking that they might not need to cash the check at all [Trial by Declaration allows for a refund if you win].

Since I sent in a completed form, they didn't need to wait on it too much - perhaps they were processing a cancellation already (or so I thought).

- So I didn't think anything of the check not being cashed.


- I'll call them today, if there's no luck I'll decide to either pay it or get a lawyer.

Why pay it? Headache, and it is my own goddam fault for being a moron and trusting the post office and dmv and such.

Plus I'm not sure what lawyer fees would be.

Thanks

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by andrew dc &raquo;</TD></TR><TR><TD CLASS="quote">get a copy of the check from the bank showing it was paid... this whole process will be a pain in the ***.</TD></TR></TABLE>

Your ticket probably says they aren't liable for problems with the mail that would prevent the check. This definitely sucks, but it's a lesson learned: always get signature/delivery confirmation.

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by archmage &raquo;</TD></TR><TR><TD CLASS="quote">- I'll call them today, if there's no luck I'll decide to either pay it or get a lawyer.

Why pay it? Headache, and it is my own goddam fault for being a moron and trusting the post office and dmv and such.</TD></TR></TABLE>

Fight it, with a lawyer or without a lawyer. Don't pay it unless and until you fight it and you lose.

 

Yep...

On the phone now; I tried to call in the morning, but I had class and the wait was way too long.

Still, I've been on phone Queue for 18 minutes and there are still 30+ people ahead of me...

Perhaps I'll just pay them a visit if I don't get through in time for my next class

Update: just got off the phone. I have to remember that I'm fighting the system, not the simple operator employee - she was a nice.

I have to ask the collection agency for a court date, explain everything to the judge, if it doesn't take ----&gt; tell them I plan to let my law friends munch on the Inferior court + I'd rather pay them than the court (real crooks)

Then: Tell them they've lost and subverted a law-abiding driver who followed most laws like Ned Flanders. Now I'll drive like Kevin (just some guy)...

If they don't even let me contest it: "That's not America, That's not even Mexico!" (Homer Simpson) --- Yea I'm just going to laugh it off...

Edit: Of course I'd be professional about this, but some of that general sentiment will find its way into the case


Update2: Apparently it will take a few months to get a court date, they're offering me $250 off = $409 fine instead. I'm not going to accept that BS so:

During which time there will be a hold on my license
During which time they may SUSPEND my license
- Unless I file a temporary Abstract

- But I may walk into the court in the morning and see if they have an opening for me, and after several tries, I'm sure there will be one. So I'm going to do it this way.

- And all this after submitting a Trial By Declaration, for which the original purpose was to AVOID a court appearance...avoid having to drive 45 minutes out of my way...

Thanks for your help HT


Modified by archmage at 9:49 PM 11/2/2005


Modified by archmage at 9:56 PM 11/2/2005


Modified by archmage at 10:12 PM 11/2/2005

 

egh..i avoided a ticket for like 8 months..go back to the court..they'll knock it down to the original amount plus like a 20 dollar court fee.

then, you're done.

 

1 2 3 4 fifth

 

http://www.ticketassassin.com/
california traffic lawyer

 

SlapSmak

THANKS for that website, it's great

Makes me happy I sent in a Trial by Declaration (which they recommend) ---&gt; although it never made it anywhere

Heh, Do you figure they saw it was a Trial By Declaration and just dumped it or what? Seriously, I'm doubting the Post Office screwed up, they've always been good to me.

Oh well.

Not only will I try to get my fee reduced back to $147, I'll try to get it completely cleared because I friggn' didn't run that goddam stop sign. It's a yes or no thing...I don't see how I was even cited for that