Summonsed to appear in Court!
Sep 22nd 2006, 12:14 am
#1
Thread Starter
Joined: Feb 2002
Posts: 6,848
Summonsed to appear in Court!
Oh bloody hell.
One month ago our French friends were on holiday in Quebec, so we drove up from our home in New Jersey up to Montreal to see them for a weekend.
My husband drove most of the way and when we stopped for a break, I sat in the driver's seat. We were on the I-87 in upstate New York, a dual carriageway and basically no traffic at all. Less than 10 minutes later I overtook a van and a minute or two later looked in the rearview mirror to see a traffic cop flashing me to stop.
I was given a traffic violation for driving 15 mph over the limit (80 in a 65 mph zone) and we put the notice (which I'd only glanced at) from the traffic cop into the glove box. My husband said to me that we could just pay the fine online when it was recorded by the traffic clerk (the incident was on a Saturday) and I thought nothing more of it. I did think it was a bit odd earlier this week that I hadn't had a letter in the mail about the traffic offence. I've not had any communication from the cops/court other than the paper the cop handed over on the spot.
This afternoon in the mail I had a letter from the 'Town Court' and this is what it says:
People of the State of New York versus (my name etc.)
My name, address, dob, 'Ticket #', Officer, Statute/Section # and 'Charge Text' ie. Speeding 80/65
Next Date: 10/23/2006 Time 10.00am
Recently you were issued Traffic Ticket(s) for the above violation and failed to appear. The matter has been rescheduled to the date and time listed above.
Failure to appear will result in a license/registration suspension by the Dept of Motor Vehicles.
THIS IS YOUR FINAL NOTICE
Very Truly Yours
(name of Town Justice).
WTF? I had no idea that I was supposed to have appeared in court at all.....I thought it was discretionary and I'd certainly had no idea that a court date had been set before today and that I'd missed it.
The court is 300 miles away and will take (according to Mapquest) 4hrs and 50 mins to get there (at 10am!). I'm actually flying back from England the night before and will be very jetlagged...I'd have to leave home at about 4am to get to the court on time.
What on Earth happens at these courts anyway? I'm not contesting anything. Is it because I'm now going to get a huge fine (and huge insurance increase?)
It seems very unfair.....I wonder if it is a deliberate money-making ploy by the local council to raise money?
What shall I do?
One month ago our French friends were on holiday in Quebec, so we drove up from our home in New Jersey up to Montreal to see them for a weekend.
My husband drove most of the way and when we stopped for a break, I sat in the driver's seat. We were on the I-87 in upstate New York, a dual carriageway and basically no traffic at all. Less than 10 minutes later I overtook a van and a minute or two later looked in the rearview mirror to see a traffic cop flashing me to stop.
I was given a traffic violation for driving 15 mph over the limit (80 in a 65 mph zone) and we put the notice (which I'd only glanced at) from the traffic cop into the glove box. My husband said to me that we could just pay the fine online when it was recorded by the traffic clerk (the incident was on a Saturday) and I thought nothing more of it. I did think it was a bit odd earlier this week that I hadn't had a letter in the mail about the traffic offence. I've not had any communication from the cops/court other than the paper the cop handed over on the spot.
This afternoon in the mail I had a letter from the 'Town Court' and this is what it says:
People of the State of New York versus (my name etc.)
My name, address, dob, 'Ticket #', Officer, Statute/Section # and 'Charge Text' ie. Speeding 80/65
Next Date: 10/23/2006 Time 10.00am
Recently you were issued Traffic Ticket(s) for the above violation and failed to appear. The matter has been rescheduled to the date and time listed above.
Failure to appear will result in a license/registration suspension by the Dept of Motor Vehicles.
THIS IS YOUR FINAL NOTICE
Very Truly Yours
(name of Town Justice).
WTF? I had no idea that I was supposed to have appeared in court at all.....I thought it was discretionary and I'd certainly had no idea that a court date had been set before today and that I'd missed it.
The court is 300 miles away and will take (according to Mapquest) 4hrs and 50 mins to get there (at 10am!). I'm actually flying back from England the night before and will be very jetlagged...I'd have to leave home at about 4am to get to the court on time.
What on Earth happens at these courts anyway? I'm not contesting anything. Is it because I'm now going to get a huge fine (and huge insurance increase?)
It seems very unfair.....I wonder if it is a deliberate money-making ploy by the local council to raise money?
What shall I do?
Sep 22nd 2006, 12:16 am
#2
BE Forum Addict
Joined: Mar 2004
Location: Chicago, Il
Posts: 1,320
Re: Summonsed to appear in Court!
I'd suggest consulting a lawyer asap.
Sep 22nd 2006, 12:18 am
#3
Not dead yet
Joined: Apr 2004
Location: In a world of my own where I know everyone
Posts: 15,042
Re: Summonsed to appear in Court!
Contact the court see if they'll accept a guilty plea.
Sep 22nd 2006, 12:23 am
#4
Blondie22
Joined: Nov 2005
Posts: 2,738
Re: Summonsed to appear in Court!
Originally Posted by Englishmum
Oh bloody hell.
One month ago our French friends were on holiday in Quebec, so we drove up from our home in New Jersey up to Montreal to see them for a weekend.
My husband drove most of the way and when we stopped for a break, I sat in the driver's seat. We were on the I-87 in upstate New York, a dual carriageway and basically no traffic at all. Less than 10 minutes later I overtook a van and a minute or two later looked in the rearview mirror to see a traffic cop flashing me to stop.
I was given a traffic violation for driving 15 mph over the limit (80 in a 65 mph zone) and we put the notice (which I'd only glanced at) from the traffic cop into the glove box. My husband said to me that we could just pay the fine online when it was recorded by the traffic clerk (the incident was on a Saturday) and I thought nothing more of it. I did think it was a bit odd earlier this week that I hadn't had a letter in the mail about the traffic offence. I've not had any communication from the cops/court other than the paper the cop handed over on the spot.
This afternoon in the mail I had a letter from the 'Town Court' and this is what it says:
People of the State of New York versus (my name etc.)
My name, address, dob, 'Ticket #', Officer, Statute/Section # and 'Charge Text' ie. Speeding 80/65
Next Date: 10/23/2006 Time 10.00am
Recently you were issued Traffic Ticket(s) for the above violation and failed to appear. The matter has been rescheduled to the date and time listed above.
Failure to appear will result in a license/registration suspension by the Dept of Motor Vehicles.
THIS IS YOUR FINAL NOTICE
Very Truly Yours
(name of Town Justice).
WTF? I had no idea that I was supposed to have appeared in court at all.....I thought it was discretionary and I'd certainly had no idea that a court date had been set before today and that I'd missed it.
The court is 300 miles away and will take (according to Mapquest) 4hrs and 50 mins to get there (at 10am!). I'm actually flying back from England the night before and will be very jetlagged...I'd have to leave home at about 4am to get to the court on time.
What on Earth happens at these courts anyway? I'm not contesting anything. Is it because I'm now going to get a huge fine (and huge insurance increase?)
It seems very unfair.....I wonder if it is a deliberate money-making ploy by the local council to raise money?
What shall I do?
One month ago our French friends were on holiday in Quebec, so we drove up from our home in New Jersey up to Montreal to see them for a weekend.
My husband drove most of the way and when we stopped for a break, I sat in the driver's seat. We were on the I-87 in upstate New York, a dual carriageway and basically no traffic at all. Less than 10 minutes later I overtook a van and a minute or two later looked in the rearview mirror to see a traffic cop flashing me to stop.
I was given a traffic violation for driving 15 mph over the limit (80 in a 65 mph zone) and we put the notice (which I'd only glanced at) from the traffic cop into the glove box. My husband said to me that we could just pay the fine online when it was recorded by the traffic clerk (the incident was on a Saturday) and I thought nothing more of it. I did think it was a bit odd earlier this week that I hadn't had a letter in the mail about the traffic offence. I've not had any communication from the cops/court other than the paper the cop handed over on the spot.
This afternoon in the mail I had a letter from the 'Town Court' and this is what it says:
People of the State of New York versus (my name etc.)
My name, address, dob, 'Ticket #', Officer, Statute/Section # and 'Charge Text' ie. Speeding 80/65
Next Date: 10/23/2006 Time 10.00am
Recently you were issued Traffic Ticket(s) for the above violation and failed to appear. The matter has been rescheduled to the date and time listed above.
Failure to appear will result in a license/registration suspension by the Dept of Motor Vehicles.
THIS IS YOUR FINAL NOTICE
Very Truly Yours
(name of Town Justice).
WTF? I had no idea that I was supposed to have appeared in court at all.....I thought it was discretionary and I'd certainly had no idea that a court date had been set before today and that I'd missed it.
The court is 300 miles away and will take (according to Mapquest) 4hrs and 50 mins to get there (at 10am!). I'm actually flying back from England the night before and will be very jetlagged...I'd have to leave home at about 4am to get to the court on time.
What on Earth happens at these courts anyway? I'm not contesting anything. Is it because I'm now going to get a huge fine (and huge insurance increase?)
It seems very unfair.....I wonder if it is a deliberate money-making ploy by the local council to raise money?
What shall I do?
Oh, what a pickle!
I don't think that you have much choice in the matter do you? I wonder if there is any way to get them to schedule the court appearance elsewhere in NY, I.e somewhere closer to your home (of course, thinking about this logically, you probably wouldn't be able to because the traffic cop is supposed to attend I think.) Maybe put in a call to them and inquire, it can't hurt.
sorry!
Have a drink on me 
(not whilst your driving of course!) 
Sep 22nd 2006, 12:29 am
#5
SUPER MODERATOR
Joined: Dec 2005
Posts: 88,016
Re: Summonsed to appear in Court!
Its ridiculous that the first summons was sent by regular mail...it should have been sent certified...then you could have sent a cheque for the fine and it would all be over.
Sep 22nd 2006, 12:33 am
#6
Thinking about it
Joined: Oct 2005
Location: Mid-West
Posts: 9,435
Re: Summonsed to appear in Court!
Originally Posted by Jerseygirl
Its ridiculous that the first summons was sent by regular mail...it should have been sent certified...then you could have sent a cheque for the fine and it would all be over.
Sep 22nd 2006, 12:34 am
#7
SUPER MODERATOR
Joined: Dec 2005
Posts: 88,016
Re: Summonsed to appear in Court!
Originally Posted by BigDavyG
What first summons ??
Sep 22nd 2006, 12:37 am
#8
Joined: Jun 2005
Posts: 30,102
Re: Summonsed to appear in Court!
Originally Posted by Jerseygirl
The one that she failed to appear for.
Sep 22nd 2006, 12:38 am
#9
Account Closed
Joined: Sep 2005
Posts: 8,271
Re: Summonsed to appear in Court!
Ring the clerk of the court ASAP (like in the morning) and see what your options are. They are the ONLY people that can give you a definitive answer.
Sep 22nd 2006, 12:40 am
#10
SUPER MODERATOR
Joined: Dec 2005
Posts: 88,016
Re: Summonsed to appear in Court!
Originally Posted by gruffbrown
She never got one.
Sep 22nd 2006, 12:43 am
#11
Account Closed
Joined: Sep 2005
Posts: 8,271
Re: Summonsed to appear in Court!
Originally Posted by Jerseygirl
I know that....but according to the letter she should have. Presumably it was sent by regular mail and has gone walkabouts.
Sep 22nd 2006, 12:46 am
#12
BE Forum Addict
Joined: Feb 2006
Posts: 4,820
Re: Summonsed to appear in Court!
Originally Posted by Thydney
Contact the court see if they'll accept a guilty plea.
May I ask what town the court is in ? ...... I do live in the area and know what ones are the nastiest.
Sep 22nd 2006, 12:54 am
#13
BE Forum Addict
Joined: Feb 2004
Location: Midlands - MA - CO-CA
Posts: 2,763
Re: Summonsed to appear in Court!
Hubby got done for speeding once in upstate NY. He just pleaded guilty by letter. It must be a good little earner for them. If you do go to court, a good ploy would maybe ask to see the calibration records of the speed gun or whatever they used, and if it hasn't been calibrated in quite a while you could maybe question the accuracy of it, but I don't think it would be 15mph out.
Sep 22nd 2006, 1:15 am
#14
Powder Maggot
Joined: Nov 2004
Location: Nuevo Mexico
Posts: 4,452
Re: Summonsed to appear in Court!
Moot point now, but look at the citation the cop gave you. You may have had to sign it, and if so there may be a box checked above the sig. You may have signed an agreement to appear in court.
Anyway, sounds like no harm has been done yet. Good luck!
Anyway, sounds like no harm has been done yet. Good luck!
Sep 22nd 2006, 1:55 am
#15
Concierge
Joined: Apr 2001
Posts: 46,382
Re: Summonsed to appear in Court!
Just a little confused. In NY you can pay the fine by pleading guilty on the back of the ticket and mailing it and the fine back to the traffic department found on the back of the ticket.
You mentioned that your husband put the ticket in the glove compartment and said you would pay the fine online. But you don't say if this had been done. If it hadn't been done, then you were to appear in court. Check the ticket and see if there is a time and date marked for when to appear. I know in our town they have an area to write it in.
If the penalty was paid online (which I don't think can be done but you never know) did you print out the receipt for the payment. If so or you have the bank statement showing the payment, send it and the copy of the ticket to the court and explain the situation.
If it hasn't been paid than make haste and mail the ticket and the penalty and a copy of your license by express mail to the court and explain your ignorance of the procedure.
Rete
You mentioned that your husband put the ticket in the glove compartment and said you would pay the fine online. But you don't say if this had been done. If it hadn't been done, then you were to appear in court. Check the ticket and see if there is a time and date marked for when to appear. I know in our town they have an area to write it in.
If the penalty was paid online (which I don't think can be done but you never know) did you print out the receipt for the payment. If so or you have the bank statement showing the payment, send it and the copy of the ticket to the court and explain the situation.
If it hasn't been paid than make haste and mail the ticket and the penalty and a copy of your license by express mail to the court and explain your ignorance of the procedure.
Rete
Originally Posted by Englishmum
Oh bloody hell.
One month ago our French friends were on holiday in Quebec, so we drove up from our home in New Jersey up to Montreal to see them for a weekend.
My husband drove most of the way and when we stopped for a break, I sat in the driver's seat. We were on the I-87 in upstate New York, a dual carriageway and basically no traffic at all. Less than 10 minutes later I overtook a van and a minute or two later looked in the rearview mirror to see a traffic cop flashing me to stop.
I was given a traffic violation for driving 15 mph over the limit (80 in a 65 mph zone) and we put the notice (which I'd only glanced at) from the traffic cop into the glove box. My husband said to me that we could just pay the fine online when it was recorded by the traffic clerk (the incident was on a Saturday) and I thought nothing more of it. I did think it was a bit odd earlier this week that I hadn't had a letter in the mail about the traffic offence. I've not had any communication from the cops/court other than the paper the cop handed over on the spot.
This afternoon in the mail I had a letter from the 'Town Court' and this is what it says:
People of the State of New York versus (my name etc.)
My name, address, dob, 'Ticket #', Officer, Statute/Section # and 'Charge Text' ie. Speeding 80/65
Next Date: 10/23/2006 Time 10.00am
Recently you were issued Traffic Ticket(s) for the above violation and failed to appear. The matter has been rescheduled to the date and time listed above.
Failure to appear will result in a license/registration suspension by the Dept of Motor Vehicles.
THIS IS YOUR FINAL NOTICE
Very Truly Yours
(name of Town Justice).
WTF? I had no idea that I was supposed to have appeared in court at all.....I thought it was discretionary and I'd certainly had no idea that a court date had been set before today and that I'd missed it.
The court is 300 miles away and will take (according to Mapquest) 4hrs and 50 mins to get there (at 10am!). I'm actually flying back from England the night before and will be very jetlagged...I'd have to leave home at about 4am to get to the court on time.
What on Earth happens at these courts anyway? I'm not contesting anything. Is it because I'm now going to get a huge fine (and huge insurance increase?)
It seems very unfair.....I wonder if it is a deliberate money-making ploy by the local council to raise money?
What shall I do?
One month ago our French friends were on holiday in Quebec, so we drove up from our home in New Jersey up to Montreal to see them for a weekend.
My husband drove most of the way and when we stopped for a break, I sat in the driver's seat. We were on the I-87 in upstate New York, a dual carriageway and basically no traffic at all. Less than 10 minutes later I overtook a van and a minute or two later looked in the rearview mirror to see a traffic cop flashing me to stop.
I was given a traffic violation for driving 15 mph over the limit (80 in a 65 mph zone) and we put the notice (which I'd only glanced at) from the traffic cop into the glove box. My husband said to me that we could just pay the fine online when it was recorded by the traffic clerk (the incident was on a Saturday) and I thought nothing more of it. I did think it was a bit odd earlier this week that I hadn't had a letter in the mail about the traffic offence. I've not had any communication from the cops/court other than the paper the cop handed over on the spot.
This afternoon in the mail I had a letter from the 'Town Court' and this is what it says:
People of the State of New York versus (my name etc.)
My name, address, dob, 'Ticket #', Officer, Statute/Section # and 'Charge Text' ie. Speeding 80/65
Next Date: 10/23/2006 Time 10.00am
Recently you were issued Traffic Ticket(s) for the above violation and failed to appear. The matter has been rescheduled to the date and time listed above.
Failure to appear will result in a license/registration suspension by the Dept of Motor Vehicles.
THIS IS YOUR FINAL NOTICE
Very Truly Yours
(name of Town Justice).
WTF? I had no idea that I was supposed to have appeared in court at all.....I thought it was discretionary and I'd certainly had no idea that a court date had been set before today and that I'd missed it.
The court is 300 miles away and will take (according to Mapquest) 4hrs and 50 mins to get there (at 10am!). I'm actually flying back from England the night before and will be very jetlagged...I'd have to leave home at about 4am to get to the court on time.
What on Earth happens at these courts anyway? I'm not contesting anything. Is it because I'm now going to get a huge fine (and huge insurance increase?)
It seems very unfair.....I wonder if it is a deliberate money-making ploy by the local council to raise money?
What shall I do?
