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Speeding in Nebraska

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mplady

Junior Member
Ok..my husband is a reservist. He recieved a speeding ticket on Dec 28 2002. Court date in omaha Nebraska was set for February 3rd 2003. He was deployed to Iraq with a couple day notice on January 23rd 2003.
I made contact with the city prosecutor who was trying the case and asked for an extension of the courtdate until he returned home. The prosecutor then offered to just drop the charges (6mph over speed limit, come on!). However, two months later they suspended his license, issued a warrant for his arrest and added a 'failure to comply' to his driving record.
Now I was under the impression that if he was notified of the defendants military obligation in Iraq, that he HAD to suspend the court date. I appreciate what he did with dropping the ticket, but now they will not remove the marks on my husband's record AND forced us to pay the reinstatement fee for a failure to comply for a speeding ticket that no longer exists!! And that is preventing him from certain employment options as well...any suggestions? PLEASE HELP!! :eek:
 
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Two Bit

Member
Has he talked to a JAG officer about this? I don't know if they can represent him n this, but they might be able to make some phone calls to help him out.
 

mplady

Junior Member
unfortunately we did talk to JAG, but since it is not a federal case and it is with traffic court it is considered a civil affair and it is not impeding his military duty as of yet so they really can't get involved. If the case were still open that would be fine but we need to take up the actions of the prosecutor with the local courts.
It is just sad because we have hit one road block aftger another. Because of this he can't get a decent paying job. He was a manager of an inventory company before he left. That company 'downsized' the office eliminating his position while he was gone. He could have the same job, but would have had to move three states over to have it. However, when they found out about the failure to comply...that removed him from being insurable and if he can't operate a company vehicle, he can't have the job. Cest la vie...such is the life of a reservist!!
 

Curt581

Senior Member
mplady said:
Ok..my husband is a reservist. He recieved a speeding ticket on Dec 28 2002. Court date in omaha Nebraska was set for February 3rd 2003. He was deployed to Iraq with a couple day notice on January 23rd 2003.
The problem is that this case is well over two years old. The court will ask why this wasn't handled more promptly.
I made contact with the city prosecutor who was trying the case and asked for an extension of the courtdate until he returned home. The prosecutor then offered to just drop the charges (6mph over speed limit, come on!).
Why wasn't the case dismissed? Do you have the prosecutor's name?
However, two months later they suspended his license, issued a warrant for his arrest and added a 'failure to comply' to his driving record.
Since this appears to be a city ordnance violation, he may be able to petition the court to re-open the case and request dismissal. The age of the case may mean it'll be sent to a trial court, meaning it'll take more than one appearance. He may also be able to ask that the reinstatement fee be waived.
Now I was under the impression that if he was notified of the defendants military obligation in Iraq, that he HAD to suspend the court date.
Not necessarily. Unless there is a provision in the law for military service being an automatic qualification for suspension of proceedings, they don't have to suspend. Even if there is, two years is a bit much.
I appreciate what he did with dropping the ticket, but now they will not remove the marks on my husband's record AND forced us to pay the reinstatement fee for a failure to comply for a speeding ticket that no longer exists
There's something more going on here. Hubby wouldn't have been suspended if the case had, in fact, been dismissed. I'm betting it wasn't.

If he's still in-service, he may be able to have a decent traffic attorney in that jurisdiction handle it for him.
 

ismellbacon

Junior Member
mplady said:
Ok..my husband is a reservist. He recieved a speeding ticket on Dec 28 2002. Court date in omaha Nebraska was set for February 3rd 2003. He was deployed to Iraq with a couple day notice on January 23rd 2003.
I made contact with the city prosecutor who was trying the case and asked for an extension of the courtdate until he returned home. The prosecutor then offered to just drop the charges (6mph over speed limit, come on!). However, two months later they suspended his license, issued a warrant for his arrest and added a 'failure to comply' to his driving record.
Now I was under the impression that if he was notified of the defendants military obligation in Iraq, that he HAD to suspend the court date. I appreciate what he did with dropping the ticket, but now they will not remove the marks on my husband's record AND forced us to pay the reinstatement fee for a failure to comply for a speeding ticket that no longer exists!! And that is preventing him from certain employment options as well...any suggestions? PLEASE HELP!! :eek:

Try contacting the DAs office and speaking to someone there. Assuming everything is as you said it sounds like they dropped the ball.
 

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