Legal Advice needed! 20 mph over + missing court date!

[deuceslow]

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

Hello Forum members,

I was given a ticket for 20mpg over the speed limit (35mph) across a city community center. I forgot that i schedule a court date and i missed it. The reason was because i had been accepted for a "summer camp" in transition from high school to College. After i completed the session during the summer 2007 i completely forgot about the court date (JULY 2007)!! This scenario is about 2 years old.

I was charged a total of $790 which includes the missing court date fine. I paid the amount in order to drive again. The missing court date suspended my license. Furthermore, I was also told that i can counter a dispute after payment, so i did. I attended a court date, and the judge schedule me another date.

This is my "hearing" i assume? I have NO knowledge about court stuff, and i would greatly appreciate some advice before i enter on Monday, August 3, 2009. I ALSO HAD a passenger.. should he attend my hearing? Am i suppose to have a lawyer for this?

I can really use the $790 or some of it for school supplies!!!!

 

[I_Got_Banned]

Furthermore, I was also told that i can counter a dispute after payment, so i did. I attended a court date, and the judge schedule me another date.

So you plead not guilty?

This is my "hearing" i assume?

otherwise known as your “trial”.

I have NO knowledge about court stuff, and i would greatly appreciate some advice before i enter on Monday, August 3, 2009.

Well, you need to provide some more details as to why you were cited, describe the roadway, details about how the officer measured your speed, his location relative to yours.... Oh, and you could also tell us why you think you're not guilty.

I ALSO HAD a passenger.. should he attend my hearing?

He's not required to... Not unless you want him to testify as a witness for you.... However, if your license is still suspended, you might want to have him drive you to court and back...

Am i suppose to have a lawyer for this?

Only if you want to... It is not a requirement.

I can really use the $790 or some of it for school supplies!!!!

A good chunk of that amount, is the fine for your failure to appear on the date you were supposed to... And so far, you have not stated any reason that will likely get that charge dismissed in this case.... Simply saying “I forgot because I was at summer camp” will not cut it.

 

[deuceslow]

Thank you I_Got_banned..

In regards to the road.. My friend and i were dismissed from highschool at noon one day.
We decided to go to the junk yard.. the junk yard is very secluded from the city / business and also theres a mall ~2miles away.

Going down the road there is a city community center for which the officer pulled me over. the road is very wide so i was alert for any children that may cross the road. Officer said it took him 80mph to catch up to me which i think was BS! I was at a stop light so i am assure that i can not get to 55 under 4 seconds in which he pulled me over.

I paid bail in order to drive again. since i paid bail the clerk at the window said im elgible to contest the missed court date. I have a very good explanation for it. Originally i was suppose to attend community college but the last minute was accepted to CSU. I had to only attend a summer session.. I was very excited to be away from home and i totally blocked the court date from my agenda. Can this be an excuse? My friends, and colleague says it is. honestly.. a kid just out of highschool never thought he'd make it to a CSU because of his GPA felt awarding.

I have proof of the orientation and summer session dates.. along with my highschool gpa throughout my senior year. I can show that i was working hard to get into a csu system. I had a 1.7 gpa and graduated with a 2.5.. any sympathy?

 

[davew128]

Originally i was suppose to attend community college but the last minute was accepted to CSU. I had to only attend a summer session.. I was very excited to be away from home and i totally blocked the court date from my agenda. Can this be an excuse?

Excuses are like a--. In any event I'm sure the judge will be thrilled to hear your summer school was more important to you than your scheduled court date.

I have proof of the orientation and summer session dates.. along with my highschool gpa throughout my senior year. I can show that i was working hard to get into a csu system. I had a 1.7 gpa and graduated with a 2.5.. any sympathy?

Not really. A 2.5 is C+/B-. Not poor but not something to get excited about, not to mention totally irrelevant to the issue at hand.

 

[I_Got_Banned]

I have a very good explanation for it. Originally i was suppose to attend community college but the last minute was accepted to CSU. I had to only attend a summer session.. I was very excited to be away from home and i totally blocked the court date from my agenda. Can this be an excuse? My friends, and colleague says it is. honestly.. a kid just out of highschool never thought he'd make it to a CSU because of his GPA felt awarding.

I have proof of the orientation and summer session dates.. along with my highschool gpa throughout my senior year.

Nice story... It says nothing about you even attempting to fulfill your promise to appear in court on the date and time YOU signed up for. The way I understand it, the acceptable excuses that might earn you some sympathy from the court include a death in the family; your being in a hospital with proof that you were incapacitated and unable to request an extension of your court date; you were incarcerated; or you are in the military and were suddenly deployed... Feeling excited about the opportunity to leave home does not fit the criteria

I can show that i was working hard to get into a csu system.

But you did nothing (for 2 years) to stay out of the court FTA (Failure To Appear) system... Not until your license was suspended.

I had a 1.7 gpa and graduated with a 2.5.. any sympathy?

Maybe a single pat on the back but NO sympathy...

Ultimately, the decision is not up to me or anyone on here though... It is up to the judge.

As for the underlying speeding charge, what CVC section were you cited for?

 

[deuceslow]

Nice story... It says nothing about you even attempting to fulfill your promise to appear in court on the date and time YOU signed up for. The way I understand it, the acceptable excuses that might earn you some sympathy from the court include a death in the family; your being in a hospital with proof that you were incapacitated and unable to request an extension of your court date; you were incarcerated; or you are in the military and were suddenly deployed... Feeling excited about the opportunity to leave home does not fit the criteria


But you did nothing (for 2 years) to stay out of the court FTA (Failure To Appear) system... Not until your license was suspended.

Maybe a single pat on the back but NO sympathy...

Ultimately, the decision is not up to me or anyone on here though... It is up to the judge.

As for the underlying speeding charge, what CVC section were you cited for?

My excuse may not fit the criteria BUT it was beyond my control to attend my promised court date. I was/am being accepted to a CSU system, but in order to actually be enrolled i needed to complete the summer session. This means no absence since i was living on campus. I was dorming with the students who were in my same situation. Hopefully this will make the cut...

Anyways about the CVC.. I got a 22350 Speeding

also thanks for the reply, and thank you for not being confused with both scenarios; speeding and FTA..

 

[davew128]

My excuse may not fit the criteria BUT it was beyond my control to attend my promised court date. I was/am being accepted to a CSU system, but in order to actually be enrolled i needed to complete the summer session. This means no absence since i was living on campus. I was dorming with the students who were in my same situation. Hopefully this will make the cut...

IGB, I think you may want to change your signature to include this. Its an instant classic.

 

[deuceslow]

IGB, I think you may want to change your signature to include this. Its an instant classic.

cmon.. I don't mind criticism, but possibly after my trial? can we be serious here? pls thanks.

 

[I_Got_Banned]

IGB, I think you may want to change your signature to include this. Its an instant classic.

I would have to agree about it being a classic... However, at the OP's reguest, I'll wait until after the trial is over before including it.

cmon.. I don't mind criticism, but possibly after my trial? can we be serious here? pls thanks.

We are being serious... But you also have to seriously consider that judges have heard your excuse, and many like it so many times that they are no longer moved or even entertained by it.

 

[patstew]

My excuse may not fit the criteria BUT it was beyond my control to attend my promised court date.

No, it wasn't.

 

[CourtClerk]

These are the legally justifiable reasons courts say it is beyond your control to attend court:

Death
Hospitalization
Military Deployment
Incarceration (and only in some cases when it comes to incarceration).

 

[deuceslow]

any help?...

i was a juvenile people.. i had no idea it would cost me months of savings! I obviously was ignorant and forgot about my court date. I will admit that, but i was away from home which made me forget.

Imagine when you were 17 and had a part-time job... being overwhelmed with classes so you can graduate highschool, and then college transformation.

anyways,
Should i just go with my excuse? I will have to regardless.. and wait for the justified answer..
what should i expect.. how do i greet the judge? any tips?

 

[deuceslow]

No, it wasn't.

Are you saying i should have not attend the summer session and went to community college? If you were offered CSU admission (after having no hope to be accepted) AND with a $2500 scholarship would you have denied it still?

Once i got that call i had to accept.. and left for the session. Then it did not come to my attention that i had a court date!

 

[davew128]

Imagine when you were 17 and had a part-time job... being overwhelmed with classes so you can graduate highschool, and then college transformation.

I remember those years well. I also remember showing up in court when I had something that required it during that time.

Are you saying i should not attended the summer session and went to community college? If you were offered CSU admission (after having no hope to be accepted) AND with a $2500 scholarship would you have denied it still?

Once i got that call i had to accept.. and left for the session. Then it did not come to my attention that i had a court date!

Ever heard of the expression "Man up"? Notwithstanding the fact that not only did you conveniently forget, there was nothing preventing you to make arrangement to still travel to and arrive in court. Nothing.

 

[deuceslow]

I remember those years well. I also remember showing up in court when I had something that required it during that time.

Ever heard of the expression "Man up"? Notwithstanding the fact that not only did you conveniently forget, there was nothing preventing you to make arrangement to still travel to and arrive in court. Nothing.

Yes, I man up $790 to the court. I was offered payment plan but i decided to pay in full. I was at fault.. i agree, but when the clerk asks if i wanted to counter the charge.. i didn't think twice and chose to dispute. I scheduled the court date and attended. I plea not guilty and the judge verbally said "Good Job, see you then" so I'm hoping he remember my face because he admitted that $790 is a lot coming from a juvenile (at the time).

I've grown up and understand my priorities. I will admit that. FTA will not happen again.

I'm hoping with some of everyone's advice, words of wisdom, etc will help me on Monday.

pls continue to post.. i'll be active on this thread today thru Monday.

thanks