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Mix up at the courthouse

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sylphinseattle

Junior Member
What is the name of your state? WA
On behalf of a friend who is necessarily out of the country, I am trying to figure out what steps to take to reverse a court decision.
He received a speeding ticket. He submitted a written response but it was not received in time for the hearing. He was recorded as failing to appear and his driver's license was subsequently suspended.
What now? File a motion to vacate the decision?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? WA
On behalf of a friend who is necessarily out of the country, I am trying to figure out what steps to take to reverse a court decision.
He received a speeding ticket. He submitted a written response but it was not received in time for the hearing. He was recorded as failing to appear and his driver's license was subsequently suspended.
What now? File a motion to vacate the decision?
Are you a lawyer? (it's a rhetorical question).
Your friend needs to hire a lawyer to represent himself...
 

sylphinseattle

Junior Member
useless and mildly offensive

This is pretty useless advice. If I'm here at this website, clearly my friend is not interested in hiring a lawyer. I also don't appreciate the tone in which it is presented. I'm not sure who appointed you God for the day, but I can live without your condescension. My question is straight forward, your response is evasive. My friend and I have the intelligence and the RIGHT to proceed without an attorney. The point of this site is to gain a little helpful advice, in this case, how to accomplish having this decision reversed. If you do not know, there is no need for you to respond.
 

The Occultist

Senior Member
I just love it when people hear in answer they don't want to hear and they just assume the answer was from somebody who "didn't know" the answer. :rolleyes:
 

TinkerBelleLuvr

Senior Member
Oh OP .... yoohoo .... you friend has two choices here:
1. He can represent himself and appeal the decision.
2. He can hire an attorney who can legally appeal the decision.

You, as a friend, can research statutes that might help him represent himself when he comes back into the country. You, unless you are an attorney, cannot legally do anything for him.
 

sylphinseattle

Junior Member
Ah, finally, now we are getting somewhere.

I never said I was planning to represent him. I did say I am doing research for him while he's out of town.

He will represent himself. Something he is quite good at, I might add.
Yes, he can appeal the decision. My question is ... how?
 

Hey There

Member
Local Court has rules

10-12-07
Quote:
He received a speeding ticket. He submitted a written response but it was not received in time for the hearing. He was recorded as failing to appear and his driver's license was subsequently suspended.
What now? File a motion to vacate the decision?
********************************************************
Do you have documentation that the Affidavit was sent on time to be received for the hearing?
**********************************************************

What does the notification of failure to appear say about contesting it?
*********************************************************
The local court, public library, or law library should have the information you seek.
The local court certainly has the rules governing the procedure for contesting a failure to appear. The clerk cannot , however give you legal advice. (ie: tell you if your friend should file a motion to vacate)

Some lawyers will give a free consultation. Some charge a nominal fee for consultation. Retaining lawyers after a consultation is optional of course.

When you find out the local rules for contesting a failure to appear
do share the information.

Regards, Hey There
 

Zigner

Senior Member, Non-Attorney
10-12-07
Quote:
He received a speeding ticket. He submitted a written response but it was not received in time for the hearing. He was recorded as failing to appear and his driver's license was subsequently suspended.
What now? File a motion to vacate the decision?
********************************************************
Do you have documentation that the Affidavit was sent on time to be received for the hearing?
**********************************************************

What does the notification of failure to appear say about contesting it?
*********************************************************
The local court, public library, or law library should have the information you seek.
The local court certainly has the rules governing the procedure for contesting a failure to appear. The clerk cannot , however give you legal advice. (ie: tell you if your friend should file a motion to vacate)

Some lawyers will give a free consultation. Some charge a nominal fee for consultation. Retaining lawyers after a consultation is optional of course.

When you find out the local rules for contesting a failure to appear
do share the information.

Regards, Hey There
The offender is currently out of the country. He will either need to hire an attorney to represent him, OR, return to represent himself.
Our OP has chosen to be coy about the length of time his "friend" will be out of the country, so I went on the assumption that it will be for more than a short period of time.
 

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