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Missed Court Date due to non-receipt of notification, now DL is suspended. Most clear

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mcedronron

Junior Member
What is the name of your state? Florida (Miami-Dade County)

On February 19th, 2003 I was stopped by Miami Springs PD and given two citations as follow:

Citation #: 7767***
Violation: 316.189(1)-SPEEDING MUNICIPAL ROAD
Speeding Detail: 49MPH in a 30MPH ZONE

Citation #: 7768***
Violation: 320.07(3)(A)-REGISTRATION
(For failure to provide proof of registration upon request)

Subsequently, I scheduled both citation for court. Unfortunately, it is now the norm in Miami-Dade County for them to schedule it for Pre-Trial and not for Trial, which means that you if you want your case tried, you must attend court twice.

I attended Pre-Trial on May 5th and Citation # 7768*** was DISMISSED upon providing proof of registration. Citation # 7767*** was TO BE SET FOR TRIAL.

Trial for the one pending case was scheduled for June 6th, notification of which I didn't receive. No Judge was ever assigned to the hearings, it was presided by a Hearning Officer.

I found out about this after receiving a letter from the DMV advising of a pending suspension, which became effective August 8th, 2003.

I have since, filled three Motions to Reset for Trial and Set-Aside DL Suspension. The first one, which I filed in late July / early August, does not show up in the system. Subsequent ones have been denied without any reason given.

BELOW IS THE CASE HISTORY FROM THE PUBLIC RECORDS OF THE CLERK OF THE COURT ***********************************************

Case History for 7767***
Date Case History Entry Case History Note
5/5/2003 Continue to be Set For Trial
5/5/2003 Court Continuance
6/6/2003 Defendant failed to appear, license suspended
10/16/2003 **** Typed Note **** SUBJECT: ADM_DL_ACTION
Defendant failed to appear on scheduled date. Please, consider setting
aside DL suspension.
10/16/2003 Request Denied
3/18/2004 **** Typed Note **** SUBJECT:ADM_DL_ACTION
Defendant failed to appear on scheduled date. Please, consider setting
aside DL suspension.
3/19/2004 Request Denied

*********************************************************
Now, I need to finally take care of this problem since I got stopped two weeks back and ticketed with DWLS (Driving While License Suspended). That case will be schedule for Court shortly, and I should be able to get it Dismissed as long as I can show the SAO (State Attorney) that I've gotten my DL reinstated since.

What should I do? Pay a ticket for which I am going to get points for (only have 3 points in my record, from about three years back) without getting my day in court for it?

I feel I've been denied my day in Court. If I would had know about the Trial date, I would had been there. The Clerk mails notification regular mail. It must have gotten lost in the mail,

Miguel, Miami, Florida
 


lwpat

Senior Member
The easiest way to resolve a legal situation is just to ignore it. When you get out of jail the situation will have resolved itself. Then you can hang out your shingle with "jailhouse lawyer".

When you did not receive notification of the court date you should have contacted the clerk. Then you would have had to convince the judge that you did not receive notification and try to set a new trail date. Otherwise your only choice is to pay the fines. They are not going to give you your license until you clear up the first ticket.

You are lucky that you did not go to jail. The officer has that option if you are driving while suspended.
 

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