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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23414
Experience:  9+ years defending Misdemeanor and Felony cases.
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Daughter received a speeding ticket. She hired an attorney ...

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Daughter received a speeding ticket. She hired an attorney this past January. They keep telling her the court date has been changed. In the meantime she has received a letter stating her license will be suspended soon due to not complying with the first court date that was back in February. We don''t know what to do. We have had difficult times with trying to get a hold of the attorney. What should we do? Her license will be suspended as of 12:01am on June 17th. She has let the attorney know she has received this letter, but has not told her what to do with it. Can you give us some advice?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 8 years ago.
It seems that the attorney you hired, failed to comply within the appropriate time to request a court hearing, to fight the ticket. It is not uncommon for a court case to get continued numerous times, before it is resolved. What needs to be done at this time, is the attorney needs to file a motion to re-set the court date, lift the suspension on her license, allow your daughter to pay any late fee's and resolve the case. The basis of the motion should be on the law firms error, so the Judge will not hold your daughter responsible for not complying. Once her license is suspended, she will need to still resolve the speeding ticket, before the suspension can be lifted. Paying the ticket, may result in points on her license. Call the attorney again and tell them they need to show proof that a notice of appearance was filed on behalf of your daughter and that a plea of not guilty was entered. If they can not provide this, you know their office messed up. If the firm is not speaking with you, contact the local bar association and ask them to help you contact your attorney.
Customer: replied 8 years ago.
Reply to CrimDefense's Post: So, your'e saying her license will be suspended anyways? Even though she payed an attorney to handle this? There is a new court date scheduled for July, but the letter she received said her license will be suspended in June. When you say she needs to still resolve her speeding ticket before the suspension is lifted. What does this mean and what is to be her plan of action? Does she just walk into the courthouse and pay the fine? This proof of appearance you speak of, what does this do. Will it be sent to the DMV or what?
Expert:  CrimDefense replied 8 years ago.

There is obviously an error with the status of your daughters license. If there is a court date set in July, there is no reason her license should be suspended in June, before the case is even heard. It is possible the DMV did not receive the proper notice of her complying with the court date OR your daughter had another ticket, which she failed to comply with. You should call the telephone number on the letter you received and ask them specifically for the ticket and incident date. If there is an error, send/fax them a copy of the hearing date for the ticket and explain to them, this case is still open because it is being taken to court. Your attorney should help you with this matter.

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