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Question on Ticket Fell through the Crack

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harvinder

Junior Member
What is the name of your state?Tx
I got a speeding ticket in Comal County in Tx. I appealed the court for a Jury Trial and lost so I have appealed the ticket again to the higher court. The appeal was made in June of this year but I haven't heard yet from the court on a date so I called the court to know the status of the ticket and they gave me the date for Jan 10th for Hearing. When I asked that why didn't you give me a date earlier they said that the ticket fell through the cracks. At that time I asked if they were giving me the date because I called and she said yes so I said don't give me the date yet I will call again for the date.
Now my questions are
A) What happens if the ticket remains fallen in the crack.
B) If I dont call will it show up in my records
C) Is there a time period where if the ticket is not resolved then the case can be dismissed.
Please help me understand the advantages and disadvantages of this situation.
 


S

seniorjudge

Senior Member
harvinder said:
What is the name of your state?Tx
I got a speeding ticket in Comal County in Tx. I appealed the court for a Jury Trial and lost so I have appealed the ticket again to the higher court. The appeal was made in June of this year but I haven't heard yet from the court on a date so I called the court to know the status of the ticket and they gave me the date for Jan 10th for Hearing. When I asked that why didn't you give me a date earlier they said that the ticket fell through the cracks. At that time I asked if they were giving me the date because I called and she said yes so I said don't give me the date yet I will call again for the date.
Now my questions are
A) What happens if the ticket remains fallen in the crack.
B) If I dont call will it show up in my records
C) Is there a time period where if the ticket is not resolved then the case can be dismissed.
Please help me understand the advantages and disadvantages of this situation.
Click to expand...


The clerk will now have set the case; if you do not follow through with it, it will be dismissed and the original ticket will stand.
 
S

sukharev

Member
in the meantime, you were found guilty and likely have points. Google up the right for speedy trial, see if you get anywhere if the appeal stays in limbo
 
S

seniorjudge

Senior Member
sukharev said:
in the meantime, you were found guilty and likely have points. Google up the right for speedy trial, see if you get anywhere if the appeal stays in limbo
Click to expand...
He's already had his trial.
 
S

sukharev

Member
seniorjudge said:
He's already had his trial.
Click to expand...
I don't exactly know if appeal falls under right for speedy trial, probably depends if it was a criminal or civil matter. That said, he did mention a HEARING, that's a trial :D
 
S

seniorjudge

Senior Member
sukharev said:
I don't exactly know if appeal falls under right for speedy trial, probably depends if it was a criminal or civil matter. That said, he did mention a HEARING, that's a trial :D
Click to expand...
An appeals hearing is not a trial.
 
H

harvinder

Junior Member
My Question is that since the ticket fell through the cracks shall I wait and see if they dismiss the ticket itself or will they set up some new date for me to come and visit them.
What should be my strategy so the ticket gets dismissed automatically.
Is there sometime frame where if the case is not solved ticket gets dismissed.
 
F

FastLearner

Junior Member
harvinder said:
My Question is that since the ticket fell through the cracks shall I wait and see if they dismiss the ticket itself or will they set up some new date for me to come and visit them.
What should be my strategy so the ticket gets dismissed automatically.
Is there sometime frame where if the case is not solved ticket gets dismissed.
Click to expand...
Harvinder, you're posting to the wrong group here at this website.
Most who respond here want to see you hung dry and would never give you advice on how to 'beat your ticket'.

You'd best try to find another public forum to ask your questions.
 
S

sukharev

Member
harvinder said:
My Question is that since the ticket fell through the cracks shall I wait and see if they dismiss the ticket itself or will they set up some new date for me to come and visit them.
What should be my strategy so the ticket gets dismissed automatically.
Is there sometime frame where if the case is not solved ticket gets dismissed.
Click to expand...
Sorry, you have misunderstood the whole process. It did not fall through the cracks, the appeal did. You are alredy found guilty, and no dismissal would follow automatically.

Call the court, find out what the correct process is. There are indeed timelines, and both you and the government have to file briefs on timely basis (something like 30 days). It may very well be that it's you who had not sent a proper brief or form in time. Again, call the court, that's the only way to find out. Now, if you do have a hearing instead of filing briefs, then it's up to you to file the request for a hearing. If nothing happens, YOU LOOSE.
 
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