Summonsed to appear in Court!
Sep 21st 2006, 2:00 pm
#16
Forum Regular
Joined: Mar 2004
Location: Scotland
Posts: 106
Re: Summonsed to appear in Court!
Not that it matters now, but in some states (if not all) the court appearance date and time are printed on the ticket that the cop gives you.
As others have said, call the Clerk of the Court tomorrow and ask what your options are.
As others have said, call the Clerk of the Court tomorrow and ask what your options are.
Sep 21st 2006, 4:07 pm
#17
Thread Starter
Joined: Feb 2002
Posts: 6,848
Re: Summonsed to appear in Court!
Originally Posted by Patrick Hasler
This is very good advice ! ....... I would do it without hesitation.
May I ask what town the court is in ? ...... I do live in the area and know what ones are the nastiest.
May I ask what town the court is in ? ...... I do live in the area and know what ones are the nastiest.
Sep 21st 2006, 5:03 pm
#18
Bloody Yank
Joined: Oct 2005
Location: USA! USA!
Posts: 4,186
Re: Summonsed to appear in Court!
Every state has different laws and procedures, and those can also vary within individual states as well.
In many states, you can plead and pay the fine through the mail. However,according to this link, it would seem that in New York state, an appearance is required, although you can send your attorney in lieu of attending yourself: http://ezinearticles.com/?New-York-S...t-FAQ&id=87042
When you signed the ticket, you were most likely signing a "promise to appear" that included a date, time and location that you were obliged to appear. If you didn't attend on that date or take some other action in lieu of appearing, such as paying the fine or sending your lawyer, then my first concern would be that you may also be charged with a failure to appear, which is a more serious offense.
My first suggestion would be to read the laws of the state (and possibly any local laws that might apply), and to do a bit more homework first prior to contacting the court. Find out whether you violated any laws by not appearing, and whether you might face additional punishments if you were required to appear and did not.
You didn't mention whether or not your license was issued by New York state. If it was not, that might be helpful to know. (If it was your UK license, I'd be tempted to fuhgedaboutit and not bother doing anything about it at all.)
In many states, you can plead and pay the fine through the mail. However,according to this link, it would seem that in New York state, an appearance is required, although you can send your attorney in lieu of attending yourself: http://ezinearticles.com/?New-York-S...t-FAQ&id=87042
When you signed the ticket, you were most likely signing a "promise to appear" that included a date, time and location that you were obliged to appear. If you didn't attend on that date or take some other action in lieu of appearing, such as paying the fine or sending your lawyer, then my first concern would be that you may also be charged with a failure to appear, which is a more serious offense.
My first suggestion would be to read the laws of the state (and possibly any local laws that might apply), and to do a bit more homework first prior to contacting the court. Find out whether you violated any laws by not appearing, and whether you might face additional punishments if you were required to appear and did not.
You didn't mention whether or not your license was issued by New York state. If it was not, that might be helpful to know. (If it was your UK license, I'd be tempted to fuhgedaboutit and not bother doing anything about it at all.)
Sep 21st 2006, 7:41 pm
#19
BE Forum Addict
Joined: Feb 2006
Posts: 4,820
Re: Summonsed to appear in Court!
Originally Posted by Englishmum
Chesterfield (not the one in Yorkshire, England)
A village statey, not a city one ........... Most of the local troopers who run I-87 would have let you off.Contact that court ASAP. If you don't and you are stopped anywhere again you will be arrested and shipped back here.
Sep 22nd 2006, 12:42 am
#20
Thread Starter
Joined: Feb 2002
Posts: 6,848
Re: Summonsed to appear in Court!
Oh heck, I'm really freaking out now.....can't find the paper the cop gave to me anywhere . We were actually driving our teenage son's Subaru up to Canada as it was more fuel efficient than our Volvo...I reckon he must have thrown it out without even looking at it... 
Trying to drum up courage to grovel to the Court....don't know what to say in case I end up in even more #*%@ :scared:
FFS.....I could get a criminal record for driving 15mph over the limit?! We're in the midst of filing for Green Cards too. I've just about had it with living here and want to throw the towel in...
Trying to drum up courage to grovel to the Court....don't know what to say in case I end up in even more #*%@ :scared:
FFS.....I could get a criminal record for driving 15mph over the limit?! We're in the midst of filing for Green Cards too. I've just about had it with living here and want to throw the towel in...
Sep 22nd 2006, 12:47 am
#21
@matthewb76
Joined: Jul 2003
Location: Missouri
Posts: 21,886
Re: Summonsed to appear in Court!
Originally Posted by Englishmum
Oh heck, I'm really freaking out now.....can't find the paper the cop gave to me anywhere . We were actually driving our teenage son's Subaru up to Canada as it was more fuel efficient than our Volvo...I reckon he must have thrown it out without even looking at it...
Trying to drum up courage to grovel to the Court....don't know what to say in case I end up in even more #*%@ :scared:
FFS.....I could get a criminal record for driving 15mph over the limit?! We're in the midst of filing for Green Cards too. I've just about had it with living here and want to throw the towel in...
Trying to drum up courage to grovel to the Court....don't know what to say in case I end up in even more #*%@ :scared:
FFS.....I could get a criminal record for driving 15mph over the limit?! We're in the midst of filing for Green Cards too. I've just about had it with living here and want to throw the towel in...
stop freaking out.............
go grovel to the court, just admit you were flying, take the points and fine if need be, but then at least it will be behind you.
also tell the court you have a really clean license and are proud of it, and as a consequence didn't know what to do having gotten a ticket......tell them you're proud of your clean license and would like to pay the fine but would like leniency on the penalty points if possible.
just go to court, plead your case and be done........a moving violation is not a criminal record. however it will be if you bury your head in the sand and don't appear again.
Sep 22nd 2006, 1:04 am
#22
roamin in the gloamin
Joined: Jan 2005
Location: Illinois
Posts: 1,400
Re: Summonsed to appear in Court!
Originally Posted by Englishmum
Oh heck, I'm really freaking out now.....can't find the paper the cop gave to me anywhere . We were actually driving our teenage son's Subaru up to Canada as it was more fuel efficient than our Volvo...I reckon he must have thrown it out without even looking at it...
Trying to drum up courage to grovel to the Court....don't know what to say in case I end up in even more #*%@ :scared:
FFS.....I could get a criminal record for driving 15mph over the limit?! We're in the midst of filing for Green Cards too. I've just about had it with living here and want to throw the towel in...
Trying to drum up courage to grovel to the Court....don't know what to say in case I end up in even more #*%@ :scared:
FFS.....I could get a criminal record for driving 15mph over the limit?! We're in the midst of filing for Green Cards too. I've just about had it with living here and want to throw the towel in...
Admit you were wrong and pay the fine. You might get points against you as you failed to appear. Explain what happened re the first ticket . You won't have to say much as there will be an attorney there who will ask you what happened and he will speak on your behalf to the judge.
Sep 22nd 2006, 1:23 am
#23
Thread Starter
Joined: Feb 2002
Posts: 6,848
Re: Summonsed to appear in Court!
Originally Posted by Manc
Jesus woman
stop freaking out.............
go grovel to the court, just admit you were flying, take the points and fine if need be, but then at least it will be behind you.
also tell the court you have a really clean license and are proud of it, and as a consequence didn't know what to do having gotten a ticket......tell them you're proud of your clean license and would like to pay the fine but would like leniency on the penalty points if possible.
just go to court, plead your case and be done........a moving violation is not a criminal record. however it will be if you bury your head in the sand and don't appear again.
stop freaking out.............
go grovel to the court, just admit you were flying, take the points and fine if need be, but then at least it will be behind you.
also tell the court you have a really clean license and are proud of it, and as a consequence didn't know what to do having gotten a ticket......tell them you're proud of your clean license and would like to pay the fine but would like leniency on the penalty points if possible.
just go to court, plead your case and be done........a moving violation is not a criminal record. however it will be if you bury your head in the sand and don't appear again.
Ha ha ha!
I wish I did have a 'clean' licence.....I was stopped for speeding in NJ on the way back from Niagara Falls about three years ago and wanted to try out the turbo on our (then) recently acquired Volvo. I think we had a letter in the post and paid the fine online or by sending a cheque in the post.
My husband was stopped for speeding in NJ in August and he just paid the fine online.
I just assumed it would be similar for NY State too.
Our insurance premiums are going to rocket next month....our son turns 18 as well so the graduated driver scheme ends...
Sep 22nd 2006, 1:24 am
#24
Just a rock in the rain
Joined: Feb 2005
Location: Under the stairs
Posts: 266
Re: Summonsed to appear in Court!
Originally Posted by Manc
go grovel to the court, just admit you were flying, take the points and fine if need be, but then at least it will be behind you.
And once all is said and done try and remember that the speed limit is the maximum limit. 15MPH over is a pretty big chunk over, if you are going to speed then chances are you will get caught and fined etc.
Good luck, hope all gets sorted.
Sep 22nd 2006, 1:27 am
#25
Country Member
Joined: May 2003
Location: Moved from Georgetown to Round Rock, Texas. 15 miles closer to civilization.
Posts: 936
Re: Summonsed to appear in Court!
Originally Posted by Englishmum
What shall I do?
OK, I'll get me coat =>>>>>>>
Sep 22nd 2006, 2:01 am
#26
BE Forum Addict
Joined: Feb 2004
Location: South Florida
Posts: 2,068
Re: Summonsed to appear in Court!
Take it easy! I had my first ever speeding ticket in a tin-pot town here in SC about 18 months ago.
Local cop caught me doing 17mph over the 35mph limit leaving the town going down a hill. Now you know these "donut cops" have nothing better to do in these small towns than sit there all day catching people.
The ironic thing was I was going to Charlotte to pick up the new car in my old car!
Now I'm fighting a parking ticket in VA. The meter had to be wrong because of the time they claim I was in violation of expired meter didn't add up. Just 24 mins earlier I had put in more $$ and had 1hr 45 mins left on the meter.
I think they see an out-of-state plate and rub their hands in glee!
Local cop caught me doing 17mph over the 35mph limit leaving the town going down a hill. Now you know these "donut cops" have nothing better to do in these small towns than sit there all day catching people.
The ironic thing was I was going to Charlotte to pick up the new car in my old car!
Now I'm fighting a parking ticket in VA. The meter had to be wrong because of the time they claim I was in violation of expired meter didn't add up. Just 24 mins earlier I had put in more $$ and had 1hr 45 mins left on the meter.
I think they see an out-of-state plate and rub their hands in glee!
Sep 22nd 2006, 2:34 am
#27
BE Enthusiast
Joined: Apr 2003
Posts: 808
Re: Summonsed to appear in Court!
Originally Posted by Englishmum
Oh heck, I'm really freaking out now.....can't find the paper the cop gave to me anywhere . We were actually driving our teenage son's Subaru up to Canada as it was more fuel efficient than our Volvo...I reckon he must have thrown it out without even looking at it...
Trying to drum up courage to grovel to the Court....don't know what to say in case I end up in even more #*%@ :scared:
FFS.....I could get a criminal record for driving 15mph over the limit?! We're in the midst of filing for Green Cards too. I've just about had it with living here and want to throw the towel in...
Trying to drum up courage to grovel to the Court....don't know what to say in case I end up in even more #*%@ :scared:
FFS.....I could get a criminal record for driving 15mph over the limit?! We're in the midst of filing for Green Cards too. I've just about had it with living here and want to throw the towel in...
And for the love of God STOP SPEEDING!!! The adrenaline rush you might get from the feel of your car's exceleration and speed just isn't worth the potential deep do-do you'll be getting yourself into with law enforcement. Not to mention insurance premiums going up.
Last edited by Jabba1; Sep 22nd 2006 at 2:36 am.
Sep 22nd 2006, 3:25 am
#28
Bloody Yank
Joined: Oct 2005
Location: USA! USA!
Posts: 4,186
Re: Summonsed to appear in Court!
Originally Posted by Manc
just go to court, plead your case and be done........a moving violation is not a criminal record. however it will be if you bury your head in the sand and don't appear again.
While speeding is typically an "infraction" (i.e. punishment is limited to a fine, with no jail time) or something less in most states, a failure to appear is almost certainly more serious -- typically a misdemeanor -- and can result in larger punishments. (Jail is unlikely, but the fine might be quite high.) That's why you should research whether you may be guilty of failure to appear, and if so, what the likely penalty might be.
I wouldn't rush out to do this, but if you do have a failure to appear, I might be inclined to hire a lawyer. Not only would this spare you from the need to appear personally, but you'll probably get a better deal out of the court. (Courts are much kinder to defendants with attorneys than to those who represent themselves.)
After researching the law re: failure to appear (you should find out whether you "failed to appear" per the legal definition), I'd call an attorney who specializes in these matters in the locality in which the court is located, and get a free consultation over the phone. It can't hurt to ask, and you're not obliged to engage one.
And don't freak out, the worst outcome from this is likely to be monetary (points and fines.) They don't send people to prison or Australia for this sort of thing...
Sep 22nd 2006, 6:41 am
#29
Joined: Apr 2002
Posts: 35,082
Re: Summonsed to appear in Court!
Originally Posted by Englishmum
Ha ha ha!
I wish I did have a 'clean' licence.....I was stopped for speeding in NJ on the way back from Niagara Falls about three years ago and wanted to try out the turbo on our (then) recently acquired Volvo. I think we had a letter in the post and paid the fine online or by sending a cheque in the post.
My husband was stopped for speeding in NJ in August and he just paid the fine online.
I just assumed it would be similar for NY State too.
Our insurance premiums are going to rocket next month....our son turns 18 as well so the graduated driver scheme ends...
I wish I did have a 'clean' licence.....I was stopped for speeding in NJ on the way back from Niagara Falls about three years ago and wanted to try out the turbo on our (then) recently acquired Volvo. I think we had a letter in the post and paid the fine online or by sending a cheque in the post.
My husband was stopped for speeding in NJ in August and he just paid the fine online.
I just assumed it would be similar for NY State too.
Our insurance premiums are going to rocket next month....our son turns 18 as well so the graduated driver scheme ends...
I ditto Manc's thoughts.. modify to suit your bad behavior & put on that English charm. Smiles and understanding the *serious* nature of your infraction will help, I'm sure.
Sep 22nd 2006, 9:28 am
#30
No income tax no V.A.T.
Joined: Aug 2006
Location: Hookey St. Peckham
Posts: 548
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?
The same thing happened to me about 2 years ago, I was doing 86mph in a 60mph, I called them, they issued a lawyer, he went to court for me, I got a fine, I put a cheque in the mail. it was done. I didn't have to worry or go there.
You could call them today, set up an account and you could be represented for free, after the fact, just call them and cancel.
Please send a PM to the member for contact details about the firm he uses.
Last edited by NC Penguin; Sep 22nd 2006 at 12:16 pm. Reason: See message
