What is the name of your state? Kansas
I am writing on behalf of my son, who doesn't have internet access. He is 22, and got a speeding ticket for 10 miles over the limit in June of 2007. My son has no other traffic tickets other than this one. At the time he got the ticket last year, he didn't think he was speeding, so asked the officer (highway patrolman) if he could see his radar or whatever method he had used that showed he was speeding 10 mph over the limit. The officer said no, he wouldn't show it to him, and that he didn't have to do so.
He then gave my son the ticket, and even wrote the wrong date on it. Anyway, my son went to court since he believed he was innocent. The court date was in July of '07. The officer didn't show up for court, and because he didn't, the case and the traffic ticket were dismissed. It shows up as a dismissal from the judge on the online county website, as well.
Even though it was dismissed in July of '07, the same county attorney brought the case forth again, several months later. So, first of all, I cannot understand HOW a case which was dismissed, can be resurrected!
Anyway, the attorney did this but he didn't know it, as unfortunately, my son had moved to another city by that time, and didn't get the notice from anyone.
Since he didn't show up for this resurrected case which was previously dismissed and he knew nothing about it, he of course did not show up for court on it. The court then said he was guilty, and filed something with the DMV to get his driver's license suspended since he didn't show up at court and/or pay the fine (which again, he knew nothing about). The DMV then turned the whole matter over to a collection agency for my son to pay an enormous amount to both pay a fine for the ticket, PLUS a collection agency fine, PLUS a large fee to get his driver's license reinstated.
It was when he was contacted by the collection agency, that he found out the whole thing about this case which was dismissed nearly a year ago, having been brought back to court again, without his knowledge.
So at this point, we are first of all literally amazed that it is supposedly legal for a judge to dismiss a case, and then have the county attorney bring it forth again. It was my opinion that once a case is dismissed, it's OVER.
Secondly, now this little ticket he got nearly a year ago of him supposedly going 10 mph over the speed limit, is now going to cost him in excess of $600 in fees, because it was brought up again, and because of what I wrote above, how he didn't get notice, they suspended his license, turned it over to collection, etc.
This whole thing is a small nightmare, and I would greatly appreciate it if anyone has any advice at all for him. The person who is trying this old/new case stated to my son that she "thinks" (but does not give the impression that she is entirely sure), that she is well within her legal rights to resurrect a previously dismissed case. This does not sound right to me.
I'd also like to know, since they are trying this case again (unless there is some legal leg for him to stand on to get this thrown out before it goes to trial again, as it seems to me there would be since it was DISMISSED before), if the officer from nearly a year ago who issued this ticket in June of '07 does show up this time, is or is not my son within his legal rights to request and be shown, the radar or whatever method an officer uses to assess him going 10 mph over the limit?
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