Okay, here’s the situation. I received a speeding ticket at the end of March. I followed the instructions I was given about calling the precinct, only to talk to a less than cheerful clerk who informed me that it wasn’t in the system and to call back in a month. A month? Okay.
Called back in a month, and was told the ticket still wasn’t in the system, and to call back in another month. WTF? After a couple weeks, I called again, and was told they would mail me notice when the got to it.
It is now almost 3 months since I received the ticket. Still nothing from them. I finally called today, because while it would be great if they would totally forget about it, I really wouldn’t like to have a warrant put out on me and get arrested over a speeding ticket because they don’t have their act together. This is compounded by the fact this is not local to me. I can’t just run down to the court house - it’s 200 miles away.
During the phone call today, the clerk I was speaking said someone else was entering the tickets and would do that date today. And they will mail me information.
My question is, don’t we have a right to speedy due process? I mean, Amendment IV clearly says “the right to a speedy trial” (emphasis mine). Seems to me that 3 months is an awfully long time to sit around waiting for them to send me the information I need to deal with the ticket (go to court, pay the fine, do defensive driving, whatever). Is there any way I can use this to my benefit?
IANAL…As with all of these threads asking for legal advice the only answer you should count on is one given to you by an attorney licensed to practice in your state and familiar with this area of law.
That said I offer the following:
I don’t know how it works in Texas but here in Illinois if you want to just pay the ticket instructions are written right on it as to how to go about doing that.
If you don’t want to just pay the ticket (if that is even an option) then I recommend writing a letter to whoever you’ve been talking to detailing everything you’ve told us here. Without written proof of your claim to have been told to wait a month several times I doubt you’d get very far in court. If possible have your letter notarized or sent via certified (or registered?) mail.
Again, consider speaking to an attorney in your area about this.
No, this particular ticket does not include instructions on how to pay, or even the amount of the fine. All it states is the date of the occurrence (with info copied off my information), the offense (Speeding: Freeway, Incorporated City), and the recorded vs posted speeds. It does include the court address and phone number (from a list with the appropriate one marked) and a list of NOTICEs: financial responsibility, failure to appear, minors need an adult present in court, defensive driving is an option. But nothing specific - you have to contact the court. Well, I did. I called them, several times, and was told (gruffly) “We haven’t entered those in the system yet, call back next month.” Though I have now been told I will be mailed information once it’s in the system.
The speedy trial bit is mostly to protect the accused from floundering in jail for months or years before their case comes to court. You’re under no restraint of liberty whatsoever, so you have nothing to complain about.
Although I sympathize with Whack-a-mole’s complaint about giving out free legal advice, I also think it is a waste of good money to go to a lawyer for a garden variety speeding ticket. This thread would have made a good rant in the Pit.
I agree. My only point in seeking out an attorney is the chance that a sheriff will be knocking on the door because some court date was missed.
Maybe seeking our a lawyer is a bit too much but definitely start documenting your efforts to resolve the ticket. Write a letter explaining your efforts so far and a request for instructions as to what to do. Have the letter notarized (2 copies…one for you and one for the police) AND send it registered mail. Whether they reply or not matters little. At least you could show a court you did your best to resolve this as a good citizen.
I agree. My only point in seeking out an attorney is the chance that a sheriff will be knocking on the door because some court date was missed.
Maybe seeking our a lawyer is a bit too much but definitely start documenting your efforts to resolve the ticket. Write a letter explaining your efforts so far and a request for instructions as to what to do. Have the letter notarized (2 copies…one for you and one for the police) AND send it registered mail. Whether they reply or not matters little. At least you could show a court you did your best to resolve this as a good citizen.