Rights

[tkowalski]

What is the name of your state? Tennessee

I received a citation for speeding. For legitimate resaons I was not able to be present at 2 scheduled hearings. Out of the country. I called, and wrote a clear and concise letter ahead of time I would not be able to appear. I told them I would be back in town at a specific date and would appear then. I was told by clerk to talk to judge when I returned. I did and he said talk to clerk, He is not involved in setting dates. I was told because I had 2 previous dates set, too bad. I know I have the right to plead my case either way by law. What are my rights?

[racer72]

You had the right to appear in court PRIOR to the first scheduled appearance date and ask for a continuance. When you failed to do so you gave up your rights. I would suggest talking to a local attorney to see if there is a way to appeal.

[tkowalski]

Even if my livelyhood took me out of the country and I stated in written and verbal form I would be able to appear at a later date?

[sukharev]

Originally Posted by tkowalski

Even if my livelyhood took me out of the country and I stated in written and verbal form I would be able to appear at a later date?

This may be splitting hairs, but the letter should have said "I request continuance", otherwise they had no action to follow up on. Nonetheless, you do have a chance, if you can show that this was indeed your request to postpone the date, and it was not acted upon. Write the letter to the court requesting a re-trial based on that claim. Look up TN rules of civil or criminal procedure (find out from the court if it's a civil matter or criminal) on the web. There you will hopefully find clear description of continuance procedure.

[tkowalski]

Thanks for your response. How do I find out on the web if it's criminal vs civil?

[The Occultist]

No, you're looking for TN rules of procedures on the web, and you're finding out from the court whether it's civil or criminal.