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No court appearance date on ticket

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Geoff

Junior Member
What is the name of your state? Illinois

Actually, I live in Indiana, but I was traveling through Chicago in May on business.

Anyway, it was the middle of noon rush-hour, and I was southbound on I-294. Anyone who has seen the construction on this road, and the traffic around noontime, knows that it's darn near impossible to exceed the speed limit, no matter how much you might want to.

On this particular day, I was simply following the flow of traffic and was in fact being passed on BOTH SIDES by 18-wheel trucks. At no attempt did I try to pass anyone else. Had I driven any slower, I would have created a hazard for other drivers.

Somehow, an Illinois state trooper was able to pull me over (probably because I was the only one going SLOW enough that he was able to get behind me) and claimed that I was traveling 76 in a 55. I do not believe this for a moment, nor do I believe that the trooper could have clocked me on radar with any level of confidence that I was the driver in question. There was simply way too much traffic.

But here's the interesting part: The ticket clearly states that if I am to plead Not Guilty, I must mail the form "at least ten work days before the date set for your court appearance noted on the bottom half of the front side of this ticket." This is confirmed elsewhere on the ticket, where it says, "In the event you fail to appear in court or answer the charge on the date set for your court appearance... you thereby consent to the entry of a judgment of conviction." Everything on this ticket regarding my required actions is tied to that court date. However... (wait for it...) there IS NO COURT DATE on the ticket! That section was left entirely blank. So it would appear that I have no legally binding deadline to submit a plea, correct?

Nonetheless, I just received a postcard from the Cook County Ciruit Court which says I must respond within five days or face "judgement of conviction or suspension." I don't intend to plead guilty, and even if I did, I cannot pay the $95 fine within the next five days. But I also have no desire to drive all the way back to Chicago for a trial.

How can they claim that I have a legal obligation to respond to this citation within a certain timeframe if no court date was ever set, and nothing else on the ticket indicates a time limit?

Thanks!
 


seniorjudge

Senior Member
Geoff said:
What is the name of your state? Illinois

Actually, I live in Indiana, but I was traveling through Chicago in May on business.

Anyway, it was the middle of noon rush-hour, and I was southbound on I-294. Anyone who has seen the construction on this road, and the traffic around noontime, knows that it's darn near impossible to exceed the speed limit, no matter how much you might want to.

On this particular day, I was simply following the flow of traffic and was in fact being passed on BOTH SIDES by 18-wheel trucks. At no attempt did I try to pass anyone else. Had I driven any slower, I would have created a hazard for other drivers.

Somehow, an Illinois state trooper was able to pull me over (probably because I was the only one going SLOW enough that he was able to get behind me) and claimed that I was traveling 76 in a 55. I do not believe this for a moment, nor do I believe that the trooper could have clocked me on radar with any level of confidence that I was the driver in question. There was simply way too much traffic.

But here's the interesting part: The ticket clearly states that if I am to plead Not Guilty, I must mail the form "at least ten work days before the date set for your court appearance noted on the bottom half of the front side of this ticket." This is confirmed elsewhere on the ticket, where it says, "In the event you fail to appear in court or answer the charge on the date set for your court appearance... you thereby consent to the entry of a judgment of conviction." Everything on this ticket regarding my required actions is tied to that court date. However... (wait for it...) there IS NO COURT DATE on the ticket! That section was left entirely blank. So it would appear that I have no legally binding deadline to submit a plea, correct?

Nonetheless, I just received a postcard from the Cook County Ciruit Court which says I must respond within five days or face "judgement of conviction or suspension." I don't intend to plead guilty, and even if I did, I cannot pay the $95 fine within the next five days. But I also have no desire to drive all the way back to Chicago for a trial.

Q: How can they claim that I have a legal obligation to respond to this citation within a certain timeframe if no court date was ever set, and nothing else on the ticket indicates a time limit?

Thanks!
**********

Geoff said:
What is the name of your state? Illinois

Actually, I live in Indiana, but I was traveling through Chicago in May on business.

Anyway, it was the middle of noon rush-hour, and I was southbound on I-294. Anyone who has seen the construction on this road, and the traffic around noontime, knows that it's darn near impossible to exceed the speed limit, no matter how much you might want to.

On this particular day, I was simply following the flow of traffic and was in fact being passed on BOTH SIDES by 18-wheel trucks. At no attempt did I try to pass anyone else. Had I driven any slower, I would have created a hazard for other drivers.

Somehow, an Illinois state trooper was able to pull me over (probably because I was the only one going SLOW enough that he was able to get behind me) and claimed that I was traveling 76 in a 55. I do not believe this for a moment, nor do I believe that the trooper could have clocked me on radar with any level of confidence that I was the driver in question. There was simply way too much traffic.

But here's the interesting part: The ticket clearly states that if I am to plead Not Guilty, I must mail the form "at least ten work days before the date set for your court appearance noted on the bottom half of the front side of this ticket." This is confirmed elsewhere on the ticket, where it says, "In the event you fail to appear in court or answer the charge on the date set for your court appearance... you thereby consent to the entry of a judgment of conviction." Everything on this ticket regarding my required actions is tied to that court date. However... (wait for it...) there IS NO COURT DATE on the ticket! That section was left entirely blank. So it would appear that I have no legally binding deadline to submit a plea, correct?

A: Nonetheless, I just received a postcard from the Cook County Ciruit Court which says I must respond within five days or face "judgement of conviction or suspension." I don't intend to plead guilty, and even if I did, I cannot pay the $95 fine within the next five days. But I also have no desire to drive all the way back to Chicago for a trial.

How can they claim that I have a legal obligation to respond to this citation within a certain timeframe if no court date was ever set, and nothing else on the ticket indicates a time limit?

Thanks!
 

Geoff

Junior Member
Gosh, thanks for the non-answer. :rolleyes:

Call me crazy, but where I come from, we have a system of laws that specify what actions a government can take when attempting to prosecute an individual. And it seems clear to me, based upon the language on the ticket which bears the officer's signature, that my obligation to pay the fine is inextricably tied to the court date, which was omitted. To me, that seems to carry some legal significance. A court can't just arbitrarily change the rules midstream. Words mean things, especially laws.

Anyway, even if you argue that they can suddenly demand payment without warning, it doesn't change the fact that I can't pay within five days, nor do I desire to return to Chicago for a hearing (if and when such a hearing is ever scheduled--again, I fail to see how they can legally make a judgement against me without scheduling one). So what's my next move?

Thanks,
Geoff
 

The Occultist

Senior Member
In case you missed the oh so subtle message SJ was trying to give to you, the subsequent postcard you received was notifying you of your courtdate. You have now been informed of your court date. Also, responding sarcastically on this board towards those giving advice cannot be the smartest thing to do.
 

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