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  #1  
Old 01-26-2007, 09:45 AM
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Officer never turned in ticket.

What is the name of your state? TX
I appeared for court that was stated on the date on the ticket. The officer never turned in the ticket for court. Clerk said to call in tomorrow which is today to see if it has been turned in. What legal advice can you give in this scenario?What is the name of your state?What is the name of your state?What is the name of your state?
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Old 01-26-2007, 09:51 AM
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[url]http://forum.freeadvice.com/showthread.php?t=351588[/url]

[url]http://forum.freeadvice.com/showthread.php?t=351482[/url]

triple post
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Old 01-26-2007, 10:07 AM
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Quote:
Originally Posted by Skydive View Post
What is the name of your state? TX
I appeared for court that was stated on the date on the ticket. The officer never turned in the ticket for court. Clerk said to call in tomorrow which is today to see if it has been turned in. What legal advice can you give in this scenario?What is the name of your state?What is the name of your state?What is the name of your state?
Sounds like a failure to appear by the officer of the court.... You should have asked for dismissal based on a lack of prosecution. You can file a written motion of not guilty and ask for dismissal based on lack of prosecution...

[url]http://tlo2.tlc.state.tx.us/statutes/tn.toc.htm[/url]

§ 543.006. TIME AND PLACE OF APPEARANCE. (a) The time
specified in the notice to appear must be at least 10 days after the
date of arrest unless the person arrested demands an earlier
hearing.
(b) The place specified in the notice to appear must be
before a magistrate having jurisdiction of the offense who is in the
municipality or county in which the offense is alleged to have been
committed.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.


§ 543.007. NOTICE TO APPEAR: COMMERCIAL VEHICLE OR
LICENSE. A notice to appear issued to the operator of a commercial
motor vehicle or holder of a commercial driver's license or
commercial driver learner's permit, for the violation of a law
regulating the operation of vehicles on highways, must contain the
information required by department rule, to comply with Chapter 522
and the federal Commercial Motor Vehicle Safety Act of 1986 (Title
49, U.S.C. Section 2701 et seq.).

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1999, 76th Leg., ch. 701, § 5, eff. Aug. 30, 1999.


§ 543.008. VIOLATION BY OFFICER. A violation by an
officer of a provision of Sections 543.003-543.007 is misconduct in
office and the officer is subject to removal from the officer's
position.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
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Old 01-26-2007, 10:10 AM
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Quote:
Originally Posted by cepe10 View Post
...Sounds like a failure to appear by the officer of the court.... You should have asked for dismissal based on a lack of prosecution. You can file a written motion of not guilty and ask for dismissal based on lack of prosecution....


The government probably has a year to file this ticket, so I don't believe it is any kind of failure to appear by the officer (since there is no case yet).
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Old 01-26-2007, 12:08 PM
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Cepe,

Thanks for the Info.
But it gets a little more now after I visted the Precinct.
What the Clerk stated to me now is since the ticket has the wrong court date Jan. 25, 2007 that the ticket was rejected by the court and the officer has been notified to send me a Certified letter issuing a new Court Date and the officer has to write a report for the justification. The Officer has 2 years to write this letter.

I tried stating the Information you posted to the Precinct and the arguement is how can you pley Not Guilt when there is nothin gon our records of anything. Other words they have no ticket to even go to court.
One of the Officers spoke with me to the side and told me not to worry about the ticket and more than likely the Officer that wrote me the ticket is not going to write a report and a Certified Letter to me with a new court date. The Officer also told me to hold on to the letter stating that I did appear on the court date the ticket had stated.

My question is does the officer have the right to send me a Certified Letter with a new court date and can take up to 2 years. To me that seems to long. What are my rights on this issue if I done what I was told and the System made a mistake?
I just don't want to worry for 2 years if I have to appear in court and look for a certified letter.
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Old 01-26-2007, 12:11 PM
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Q: My question is does the officer have the right to send me a Certified Letter with a new court date and can take up to 2 years.

A: If that's what the clerk told you, then I have no reason to doubt it.
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Old 01-30-2007, 08:44 AM
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Unfortunately, and as pathetic as it is...that appears to be correct...

Art. 12.02. [181] [229] [219] MISDEMEANORS. An indictment
or information for any misdemeanor may be presented within two
years from the date of the commission of the offense, and not
afterward.

Amended by Acts 1973, 63rd Leg., p. 975, ch. 399, Sec. 2(B), eff.
Jan. 1, 1974..
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“[w]hen a statute is clear and unambiguous and the legislative intent is plain, the statute should not be interpreted by the courts, and in such case it is the duty of the courts not to construe but to apply the statute.”

"The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the 5th Amendment." Kent v. Dulles, 357 US 116, 125.
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