Filing a motion to dismiss due to state screwup-need advice

[ArmedDoberman]

What is the name of your state (only U.S. law)? NC

Hi there. A few months ago I got a ticket for speeding and for expired inspection sticker.For some reason the officer put the inspection sticker on one citation and the speeding on another. Both indicated the same time and date for court.

I went to court and the inspection sticker charge was dismissed. The person from the state insisted this was the only charge I had even after I showed him the speeding citation. So I left.

Now today I get a notification from the DMV saying they are going to suspend my license for failure to appear. I think this is all a bunch of horsesqueeze and I am going to file a dismissal motion.

I am familiar with the NC Rules Of Civil Procedure, I have written and filed motions before in other court matters(and they look pretty professional, if I do say so myself)

I need suggestion on what legal tack to take to justify a dismissal (other than just saying the people who work for the state are idiots)

Also I seem to remember there was a term for a way you could file a motion and ask that it be granted without a hearing, but I can't remember what it was. I want to handle this without going back to the courthouse if that is possible.

Anyway, any help would be much appreciated. Thanks.

 

[The Occultist]

You will need to go to the courthouse.

Going forward, I hope you choose to be proactive in regards to incidents of "lost tickets". My mother also learned the hard way: if a court representative says there's nothing there, get something signed from him saying you appeared on the scheduled date, and then proceed to periodically followup on the case to ensure things like this don't happen.

Many attorneys will offer free/cheap consultations, so I recommend sitting down with one or two to see if they can offer anything worthwhile to you.