URGENT--Suspension of License??

What is the name of your state? Virginia

Location of offense: Maryland

Yesterday I received an order of suspension effective late August for failing to comply with a traffic citation. I did receive a ticket for "unsafe lane changing" in Maryland, which I planned to take to court. However, I NEVER received a court notice or any notification asking me to come to court.

But I just noticed that the address listed on the citation is outdated (I had a change of address after I was ticketed) and my last name is incorrect. Could this be why I never received anything? I had my address changed with the DMV, and I also have mail forwarding. I just assumed that the court notice would come to my new address, but it obviously never did.

I just called the court, but apparently I have to wait until 4pm to get a personalized response. I'm starting to worry though--I'm only 17 years old and have never even been pulled over prior to this ticket. What's going to happen? Could I reschedule the court date?

I really think that I have a case against the cop (he was being a d**k and he knows it), so I do want to take this to court. But since I don't exactly have much experience with traffic violations or legal proceedings, I really don't know if going to court would be the best option. Would I be better off just paying the fine and moving on, or should I take this to court (again, I really feel that I have a good case)?

PLEASE respond quickly. I'm getting a little scared...

[HomeGuru]

Originally posted by kant
What is the name of your state? Virginia

Location of offense: Maryland

Yesterday I received an order of suspension effective late August for failing to comply with a traffic citation. I did receive a ticket for "unsafe lane changing" in Maryland, which I planned to take to court.

**A: planning and doing are not the same action. Did not the ticket have a date by which to respond by taking action?
*****
However, I NEVER received a court notice or any notification asking me to come to court.

**A: and when you called and wrote to the Court to inquire, what did the Court tell you?
*******
But I just noticed that the address listed on the citation is outdated (I had a change of address after I was ticketed) and my last name is incorrect. Could this be why I never received anything? I had my address changed with the DMV, and I also have mail forwarding. I just assumed that the court notice would come to my new address, but it obviously never did.

I just called the court, but apparently I have to wait until 4pm to get a personalized response. I'm starting to worry though--I'm only 17 years old and have never even been pulled over prior to this ticket. What's going to happen? Could I reschedule the court date?

I really think that I have a case against the cop (he was being a d**k and he knows it), so I do want to take this to court. But since I don't exactly have much experience with traffic violations or legal proceedings, I really don't know if going to court would be the best option. Would I be better off just paying the fine and moving on, or should I take this to court (again, I really feel that I have a good case)?

PLEASE respond quickly. I'm getting a little scared...

**A: I don't feel you have a good case. How could you receive the suspension order? They must have your address.

Obviously, if I don't pay the traffic ticket, I'm taking it to court. The information on my traffic ticket indicated that, if I wish to take it to court, I need not do anything but wait for a letter in the mail. I just followed directions.

"I don't feel you have a good case"

?? I never gave my case. I was referring to why the cop gave me the ticket in the first place--my supposed unsafe lane changing.

"How could you receive the suspension order? They must have your address."

I got the suspension order from the Virginia DMV. The citation was issued in Maryland and was given prior to my address change with the DMV. It's possible that I didn't go to the DMV early enough. I don't know--I'd have to ask the DMV. All I know is that I didn't get a letter in the mail.

Now can someone please just answer my question? Could I get my court date rescheduled? What's going to happen?

[lwpat]

Most tickets have a court date on them. If you do not appear in court or notify them in writing that you are contesting the ticket prior to the court date you are charged with failure to appear and a bench warrant can be issued for your arrest. Also your home state will be notified to suspend your license.

If you still wish to contest the ticket then you need to contact an attorney in Maryland to see if that is possible. Normally when you do not appear in court it is entered the same as a guilty plea and there is little that can be done.

The best thing to do now is to call the court and pay your fines. Be sure to get a letter stating that you are clear. Then go down to the DMV and pay the reinstatement fee.

Good luck on trying to convince the court that they made a mistake.

"Most tickets have a court date on them."

Hmm...I don't think this applies to Maryland (source: [url]http://www.courts.state.md.us/district/traffic.html[/url]). There wasn't a court date on my ticket--I'm absolutely sure about this. That link also explains why I never received a trial notice. I wasn't lying about this like a certain poster implied.

But I don't know. I guess I'll just end up paying the fine. I'm not sure if all this trouble is worth it, especially since I don't have a lot of time to reschedule a court date.

It says that my license suspension will be effective August 28. If I choose to reschedule, is there any way to get an extension on that or to nullify the suspension with an explanation?

[abezon]

You'll need to contact the court & request the judge set aside the default judgment because you did not receive notice. Point out that the MD court sent the notice to the wrong address and didn't spell your name properly, so it was never forwarded to you. If the judge sets aside the default, that should stop the suspension, but be sure the judge knows you have a suspension notice and need it put on hold.

BTW, "the cop was being a d**k" is NOT a defense; it's an indication to the court that *your* attitude was belligerent. Don't raise this in court.

[harbor14]

I have no ideal how they issue traffic infractions in MD; however I will use Washingon as an example.

Here we issue infractions for most traffic offenses - they do not have a court date on them. The instructions on how to take of the infraction is printed on the back of the ticket and allows the recepient 15 days to take care of it in one of three ways; pay it, mitigate it or contest it.

Criminal traffic offenses require us to issue a criminal citation, different from traffic infraction. The criminal citation will have a court date printed on it and the court will not notify you - you have already been given your date.

Check and see if you were issued an infraction and check the back of the ticket.