Charged and convicted for ordinance violation prohibited from existing by state law

[Matt46_2]

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

 

[Matt46_2]

I have no idea why my full text appears to have been removed.

I do not see the text I just submitted. Here it is again.

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

Missouri

In 2009 I was charged and convicted twice, on separate occasions for public intoxication.

I was arrested and charged for another later that year, I went to trial representing myself and provided information from state law and was found not guilty.

If you'll see Missouri state statute 67.305 and 67.310, it states that no municipality shall pass ordinance pertaining to public intoxication within the state.

After I was found not guilty, I asked the judge to remit the penalties for the previous convictions and was told that, no, they were already settled, there was nothing I could do.

I will be glad to provide more detail on the hardships I suffered as a result of these arrests if it is suggested further action would be recommended (I lost my job, my home, suffered financial hardships, was physically harmed, harassed and mistreated by law enforcement and to this day suffer from emotional instability pertaining to LE,) and while I have since recovered, my question is this: Is there grounds for further action?

 

[quincy]

I do not see the text I just submitted. Here it is again.

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

Missouri

In 2009 I was charged and convicted twice, on separate occasions for public intoxication.

I was arrested and charged for another later that year, I went to trial representing myself and provided information from state law and was found not guilty.

If you'll see Missouri state statute 67.305 and 67.310, it states that no municipality shall pass ordinance pertaining to public intoxication within the state.

After I was found not guilty, I asked the judge to remit the penalties for the previous convictions and was told that, no, they were already settled, there was nothing I could do.

I will be glad to provide more detail on the hardships I suffered as a result of these arrests if it is suggested further action would be recommended (I lost my job, my home, suffered financial hardships, was physically harmed, harassed and mistreated by law enforcement and to this day suffer from emotional instability pertaining to LE,) and while I have since recovered, my question is this: Is there grounds for further action?

The arrests happened in 2009? Why are you looking for legal recourse now?

 

[Zigner]

At this late point, you have no case against anyone. I, too, wonder why it took ~8 years for you to consider this.

 

[FlyingRon]

Yep, you missed on the legal principal of "you snooze, you lose." Even if it had been timely, that probably wasn't the right venue to bring up your previous convictions.

 

[Zigner]

Yep, you missed on the legal principal of "you snooze, you lose." Even if it had been timely, that probably wasn't the right venue to bring up your previous convictions.

I was thinking more of "He who hesitates is lost"...but your choice is probably a better fit.

 

[quincy]

Matt appears to have had a couple of bad years (2007-2009).

 

[Matt46_2]

I waited this long because I feared retaliation. I had intended to pursue the matter sooner than this when the parties involved were no longer in a position to do that, but I guess it sort of slipped my mind.

I was reminded when I received a letter from the city attempting to collect payment on an old traffic ticket.

I figured it was a longshot, but I didn't see the harm in asking, and I apologize if I inconvenienced any of you folks, but I do appreciate your time.

Yes, I had a couple of bad years, but whatever you've seen on public record doesn't even begin to tell the whole story.

 

[Matt46_2]

Just out of pure curiosity, would I have had a case at all?

 

[quincy]

Just out of pure curiosity, would I have had a case at all?

It is hard to say. You might have been reimbursed for the penalties paid had you argued the legality at the time.

I hope your life has settled down a bit for you in the last few years. I think we have all had times that are best forgotten.

Good luck.

 

[Matt46_2]

I have moved way past all of it and have flourished. I'm married, have children and a career that I enjoy. Again, thank you all for the feedback.

 

[Zigner]

I have moved way past all of it and have flourished. I'm married, have children and a career that I enjoy. Again, thank you all for the feedback.

That's great! Congratulations for your successes over the years

 

[quincy]

I have moved way past all of it and have flourished. I'm married, have children and a career that I enjoy. Again, thank you all for the feedback.

We appreciate the thanks, Matt, so thank you.

It sounds as if life is good for you now. That is good to hear.

 

[HighwayMan]

If you'll see Missouri state statute 67.305 and 67.310, it states that no municipality shall pass ordinance pertaining to public intoxication within the state.

That doesn't mean that the STATE cannot have such a statute in place.

 

[quincy]

That doesn't mean that the STATE cannot have such a statute in place.

There is a similar thread started about state law versus city ordinances. These similar-themed questions appear to come in waves.