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Filing a Motion

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sammygotaticket

Junior Member
What is the name of your state? California

How would I file a motion to re-open my case? Long story made short - The court claims they never received my traffic school certificate so the case has been closed with the conviction sent to the DMV, now i need to know how to file a motion to re-open the case, any help would be appreciated, thanks
 


shappell

Junior Member
90 days from the date convicton. If its been too long. The judge most likely won, even concider it. And the cost might not be worth the results.

I got a ticket for obstructing the drivers view, as a passinger (foot half out the window) I fought it. and lost. Instead of choosing a trial (because it was 60 miles away,and I would have to take more time off work, and take my witness off work) I paid the fine. (because i assumed no points could be givin to a no-driver) A year later i get in an accident, get a ticket.

DMV then sends me a copy of my record. with 2 points for that violaton. Consulted a lawyer who said he might get it dissmised, for $750.00. If the judge would even hear it.
If you have proof you attended the school and completed it. It might be worth the cost
 
shappell writes:

90 days from the date convicton. If its been too long. The judge most likely won, even concider it. And the cost might not be worth the results.

Sammy is trying to force the state to correct its failure to perform rather than overcome an error on his part. If it were the case that the state could obtain a benefit from misplacing or mishandling defendants’ documentation, I have no doubt they would make it standard procedure, especially traffic cases where abuse is already rampant. Sammy must be able to file a motion to request that the court demand that the state do what they should have done in the first place. Anything less is unacceptable.
 

sammygotaticket

Junior Member
Yeah.. unfortunately it wasn't until just 3 weeks ago I received my insurance statement stating that I had a new ticket on file, I thought everything went fine with the traffic school certificate taking care of my ticket since I had mailed it more than a month before it was due (Mailed in Late June when it was due in Late July). I guess this is what I get for not procrastinating, and I even had made copies of the traffic school certificate but the court only takes "authentics". I contacted the traffic school and they told me they can send me an authentic one for a charge of only $5.

Thanks for all the help though fellas, I don't mean to make any claims but so far it's been my impression that the courts may be profitting from this. I've never lost anything in the mail before, and I'm not one to start a conspiracy of any sort, but the insurance company is making over 600 bucks a year more from me now just because of a "lost" mail. They could easily just say they never got it and get paid off by the insurance companies, I've seen higher level of corruption than this. If anyone has any websites or any information regarding how to file a proper motion, please advise, thanks
 

sammygotaticket

Junior Member
As silly as this may sound, it's just an idea..
The court I've been dealing with has given me ABSOLUTE HELL about this whole situation. I've contacted sooo many lawyers and no one knows what to do. I had even typed out a 2-page letter I was planning on sending to the judge, but when I called, the clerk said I couldn't just send an ordinary letter to a judge. The court is in Northern California and I live in Southern California and I've called so many times and been put on hold for hours at a time. They don't even have a damn answering machine, I've considered myself lucky to be put on hold, because sometimes it just says "All of our staff is helping other people, please call back later..", etc. I've had to use my cell phone so I can get free long distance, and this month alone I've used about 350 minutes placing calls to that court alone, not counting all the law offices I've called all over the state asking for an explanation of what to do. All in all, I've spent over 40 hours wasting my time by talking to lawyers, experts, posting on web bulletin boards, etc. Can I go on the offensive in this situation and sue the court to make them come over here? I live over 700 miles from the Court, and it's not a pleasant drive if I were to do something like get a lawyer and go over there. Furthermore, my mom dropped me off at the post office and was a full-on witness to seeing me mail the traffic school certificate correctly. Just an idea... what do you guys think?
 

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