Invalid court date on Citation, get off on a technicality?

ValentineOne · #1 01-19-2006, 01:07 PM

I am in KY, and received a citation for speeding 68/55 as well as no proof of insurance or registration. Of course I have current insurance, and registration, I just didn’t have it on me. Anyhow, I went down to pay the citation today, which I received on the 11th of January, and the lady at the counter is dumbfounded because A) the ticket doesn't show up in the system, and B) the court date listed is 1/11/06 (the same date I was stopped). She said it was possible the ticket just hadn’t been entered yet. I then elected to walk away, and re-address this issue at a later date after further investigation into my options. Surely I wasn’t expected to go to court on the same day? Or was I? And is this a large enough error to have the charges dismissed on the technicality? I also have connections at the local police department, who have advised me to call the officer, bring this to his attention, to name drop, and attempt to convince him to cancel the ticket, although I don't find this to be very good advice. I see 3 possible routes of action on this. I could wait, a few weeks, and see if the ticket ever shows up in the system, or if it was discarded after the officer submitted it because when it was turned in to be entered, the court date was not a future date. I was also thinking that the invalid court date could provide me an opportunity to go to court without the officer showing up. Or I could approach the officer and try and negotiate with him as suggested above.

Any and all Advice/Comments are appreciated.

Leviticus · #2 01-19-2006, 06:30 PM

Quote:

Originally Posted by ValentineOne

B) the court date listed is 1/11/06 (the same date I was stopped).

I'd wait it out. If they forget about it fine.
If they remember, they'll schedule another time.
If they go after you for a fine, just tell them you showed up as scheduled but your case never came up.

justalayman · #3 01-19-2006, 06:53 PM

Not familiar with Kentucky tickets but a bit farther north it states that you have to either schedule an appearance or pay the ticket within <X> number of days.

I would tend to not ignore it. This is the type of thing that bites you later when you least expect it or can afford it.

seniorjudge · #4 01-19-2006, 06:55 PM

Quote:

Originally Posted by ValentineOne

I am in KY, and received a citation for speeding 68/55 as well as no proof of insurance or registration. Of course I have current insurance, and registration, I just didn’t have it on me. Anyhow, I went down to pay the citation today, which I received on the 11th of January, and the lady at the counter is dumbfounded because A) the ticket doesn't show up in the system, and B) the court date listed is 1/11/06 (the same date I was stopped). She said it was possible the ticket just hadn’t been entered yet. I then elected to walk away, and re-address this issue at a later date after further investigation into my options. Surely I wasn’t expected to go to court on the same day? Or was I? And is this a large enough error to have the charges dismissed on the technicality? I also have connections at the local police department, who have advised me to call the officer, bring this to his attention, to name drop, and attempt to convince him to cancel the ticket, although I don't find this to be very good advice. I see 3 possible routes of action on this. I could wait, a few weeks, and see if the ticket ever shows up in the system, or if it was discarded after the officer submitted it because when it was turned in to be entered, the court date was not a future date. I was also thinking that the invalid court date could provide me an opportunity to go to court without the officer showing up. Or I could approach the officer and try and negotiate with him as suggested above.

Any and all Advice/Comments are appreciated.

This error (say it with me brothers) has no effect on the validity of your ticket.

sukharev · #5 01-19-2006, 06:57 PM

Definitely don't ignore it. File motion to dismiss with the court, schedule the date, officer would not show up, you are free to go.

seniorjudge · #6 01-19-2006, 06:59 PM

Definitely don't ignore it. File motion to dismiss with the court, schedule the date, officer would not show up, you are free to go until it is re-filed. Then you will have to go to court again.

sukharev · #7 01-19-2006, 07:01 PM

Quote:

Originally Posted by seniorjudge

Definitely don't ignore it. File motion to dismiss with the court, schedule the date, officer would not show up, you are free to go until it is re-filed. Then you will have to go to court again.

Huh? Who is going to re-file a dismissed ticket?