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Opinion: Will I be successful in getting my daughters speeding ticket thrown out?

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Danthe727man

Junior Member
What is the name of your state (only U.S. law)? Alabama


My daughter received a speeding ticket in North Alabama in January. Within a week she received the pre-trial notice instructing her to be at court at 9:00 on the county courthouse.

On her court date and time, she arrived at the courthouse which is in the middle of a town square. She used the address on the pre-trial notice as reference. She arrived to find the court house under renovation (this has been ongoing for two years). The clerks office has continued to mail out pre-trial notices with the closed court house address.

She approached the court house on the only side that was not blocked off by chain link fence which appeared to be the main entrance. There was no notice that the court house was closed. I did later find out there is one sign on another side of the court house but was not visible to her.

She called the toll free number on the pre-trial notice to inquire. This was a number to a court help line located in Montgomery. The agent assured her she was at the correct location and was unaware the court house has been closed for at least a year. The State's website also lists directions to this location. I did find a notice on the county website that the court was taking place in an alternate location. No one outside of the city would reasonably know that the court house was under renovation.

The traffic office forwarded her call to the local county office. No one answered so she left a message. She left back home after waiting for about an hour. That office later called back around 2p.m. that day.

I did manage to get someone to give her a new court date which is coming up in 2 weeks. Should I go to court with her and ask the judge to dismiss the case based on the fact that the clerks office was sending pre-trial notices with the wrong address?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Alabama


My daughter received a speeding ticket in North Alabama in January. Within a week she received the pre-trial notice instructing her to be at court at 9:00 on the county courthouse.

On her court date and time, she arrived at the courthouse which is in the middle of a town square. She used the address on the pre-trial notice as reference. She arrived to find the court house under renovation (this has been ongoing for two years). The clerks office has continued to mail out pre-trial notices with the closed court house address.

She approached the court house on the only side that was not blocked off by chain link fence which appeared to be the main entrance. There was no notice that the court house was closed. I did later find out there is one sign on another side of the court house but was not visible to her.

She called the toll free number on the pre-trial notice to inquire. This was a number to a court help line located in Montgomery. The agent assured her she was at the correct location and was unaware the court house has been closed for at least a year. The State's website also lists directions to this location. I did find a notice on the county website that the court was taking place in an alternate location. No one outside of the city would reasonably know that the court house was under renovation.

The traffic office forwarded her call to the local county office. No one answered so she left a message. She left back home after waiting for about an hour. That office later called back around 2p.m. that day.

I did manage to get someone to give her a new court date which is coming up in 2 weeks. Should I go to court with her and ask the judge to dismiss the case based on the fact that the clerks office was sending pre-trial notices with the wrong address?
If you're not an attorney, then you can't represent her in court.

How does a clerical error relating to the address of the court affect her guilt or innocence? :confused:
 

Danthe727man

Junior Member
If you're not an attorney, then you can't represent her in court.

How does a clerical error relating to the address of the court affect her guilt or innocence? :confused:
Because I am mad she has to make another 150 mile round trip because the county court clerk did not want to modify his computer program. As I mentioned the court has been closed for over a year. A clerical error insinuates a one time issue. The address of the temporary court location is on a totally different street.
 

Zigner

Senior Member, Non-Attorney
Because I am mad she has to make another 150 mile round trip because the county court clerk did not want to modify his computer program. As I mentioned the court has been closed for over a year. A clerical error insinuates a one time issue. The address of the temporary court location is on a totally different street.
Again, how does it affect her guilt or innocence?
 

Silverplum

Senior Member
Because I am mad she has to make another 150 mile round trip because the county court clerk did not want to modify his computer program. As I mentioned the court has been closed for over a year. A clerical error insinuates a one time issue. The address of the temporary court location is on a totally different street.
RE the bolded: That's not a legal issue. It's not your daughter's legal issue.

:rolleyes:
 

LeeHarveyBlotto

Senior Member
Because I am mad she has to make another 150 mile round trip because the county court clerk did not want to modify his computer program. As I mentioned the court has been closed for over a year. A clerical error insinuates a one time issue. The address of the temporary court location is on a totally different street.
Were the streets totally deserted so that she couldn't have asked where the court is temporarily doing business?

No harm in her asking the court for a break on the penalty due to the mix up. As long as she does so politely and not in an entitled way, she might get a coulple bucks knocked off.
 
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Zigner

Senior Member, Non-Attorney
Were the streets totally deserted so that she couldn't have asked where the court is temporarily doing business?

No harm in her asking the court for a break on the penalty due to the mix up. As long as she does so politely and not in an entitled way, she might get a coulple bucks knocked off.
There is no "penalty due to the mix up" - she was granted a new court date.
 

TheGeekess

Keeper of the Kraken
What is the name of your state (only U.S. law)? Alabama


My daughter received a speeding ticket in North Alabama in January. Within a week she received the pre-trial notice instructing her to be at court at 9:00 on the county courthouse.

On her court date and time, she arrived at the courthouse which is in the middle of a town square. She used the address on the pre-trial notice as reference. She arrived to find the court house under renovation (this has been ongoing for two years). The clerks office has continued to mail out pre-trial notices with the closed court house address.

She approached the court house on the only side that was not blocked off by chain link fence which appeared to be the main entrance. There was no notice that the court house was closed. I did later find out there is one sign on another side of the court house but was not visible to her.

She called the toll free number on the pre-trial notice to inquire. This was a number to a court help line located in Montgomery. The agent assured her she was at the correct location and was unaware the court house has been closed for at least a year. The State's website also lists directions to this location. I did find a notice on the county website that the court was taking place in an alternate location. No one outside of the city would reasonably know that the court house was under renovation.

The traffic office forwarded her call to the local county office. No one answered so she left a message. She left back home after waiting for about an hour. That office later called back around 2p.m. that day.

I did manage to get someone to give her a new court date which is coming up in 2 weeks. Should I go to court with her and ask the judge to dismiss the case based on the fact that the clerks office was sending pre-trial notices with the wrong address?
She could have paid the fine online, and saved herself the hassle. :cool:
 

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