Traffic Subpoena and Suspended license

[MsShauna]

What is the name of your state (only U.S. law)? Georgia

I received a speeding ticket in November 2009. When the court date came I was out of town at a funeral and told to bring the obituary when I returned. I took the obituary and was told they would send me a court date in the mail.

The year 2010 came and left no subpoena. I moved for a job but the previous address is heir property so I still receive the mail and no subpoena. On last Wednesday I was on my way home from church and was stopped for a routine traffic stop. The officer told me he had to arrest me for driving on suspended license. My license was suspended on 10/21/2011 for a citation given in November 2009. I was never notified by Dekalb County nor DDS.

I emailed the court because they do not take phone calls anymore and was told I needed to come to the court. I live 5 hours away, I am under dr care for an accident and my dr is not going to approve that long ride, and now I have no license. Is there a statue of limitation on traffic violations? Is there some other recourse?

 

[OHRoadwarrior]

You created the situation and never dealt with it. These things don't just disappear.

 

[MsShauna]

I didn't expect it to go away. However, what else could I do if I was not given a court date? They would not allow me to pay a fine because I was told I had to go before the judge, although I was not guilty and the officer that issued the citation was put on suspension by internal affairs about the stop. I did not know my loved one was going to die and be buried on the same day I was supposed to go to court for a traffic violation.

I did everything they asked, but I cannot appear when I do not know when to appear. The court is claiming they sent me subpoena for July 2011. I had been waiting for 2 years to get a court date. In 2010 I called frequently and was again told I would get a court date in the mail.

 

[OHRoadwarrior]

Soooooo... Now you need to appear and deal with the fallout.

 

[HighwayMan]

I didn't expect it to go away. However, what else could I do if I was not given a court date?

Most reasonable people would reach out to the court if they have not been contacted within a reasonable amount of time. You should have been wondering what was going on and given them a call.

 

[MsShauna]

I had been reaching out to them and I was constantly told that I would receive a court date in the mail. I asked if they knew when this would be and I was told no. If you google DeKalb County Reorder's court you would see that they have been involved in numerous scandals.

There was a ticket kickback scam then the backlog of 500,000 citations in limbo. I was not trying to skip out on answering the citation. I had been calling and was constantly given the in the mail tidbit. People have been waiting for 6 years to get a court date and are just now having their license suspended because they never received the subpoena that the court said was sent regular mail. The link below will give you a better understanding on the situation.

New judge hopes to reform county recorders court

 

[HighwayMan]

Well at least you're not alone.

I didn't read the article. Since it made the news is anyone doing anything about the situation?

 

[MsShauna]

I am not sure. I do not live in that county anymore. I heard an investigative reporter was bringing attention to the situation. I just need to get this taken care of but even if I driver the 4-5 hours there is no guarantee that I will get to speak with someone because the line is usually a mile long.

 

[OHRoadwarrior]

Call and ask the court clerk what you need to do to get this fixed. I bet they have a telephone.

 

[Captain Picard]

Most reasonable people would reach out to the court if they have not been contacted within a reasonable amount of time. You should have been wondering what was going on and given them a call.

I would think that right after coming back into town, 3 - 7 days after you "re-scheduled over the phone". You cannot rely on traffic clerks; they'll write something down & forget. Always do these things via mail/fax.

 

[MsShauna]

I did not re-schedule over the phone. I left in a hurry so I sent an email to the deputy clerk on my way out and he told me when I got back into town bring the obituary which I went to the court and provided not only the obituary but the hotel receipt as well as a notarized statement from the funeral director. I forwarded the email from the clerk I spoke with and was told he no longer works for the county.

Also, they do not take phone calls everything must be done via email or taking a chance going to the court and hoping you can get in that day. I have been emailing back and forth for weeks and they still will not tell me when I need to go before the judge. All they are saying is it requires I go before the judge.

 

[startedone]

You can hire a lawyer to go. If you do not want to spend the time & its worth it to you to let a lawyer spend his time on your dime.