I can wait a little longer. Some addtional info that may impact the question:
-I am from out of state (KS). I got the tkt while passing thru Florida. In KS, if there is an error on the tkt, it is dismissed. I want to know if that can be done for this tkt. Thanks, CT
You did NOT answer my question. I clearly asked how to get the tkt dismissed in the correct county, where the tkt should have been filed in the first place. Your answer is directed towards the incorrect county only. I already have it dismissed in that county. Also, I am not from Fl. I live in KS. I need to do this via US Mail. Is there a legal citing that allows me to ask for dismissal based on the Trooper's error in citing the wrong county/jurisdiction on the original citation?
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Thanks Alexia for your response. It definitely helped and answered my initial question. I have a follow up question though. If I accept your first answer will it lock me out of replying to you? I want to give you credit; but don't want to not get your response to my follow up question.
Given your response, could the request to dismiss be based on:
1. Depravation of my due process in that I was NOT notified of the officer's error AND correction by same officer, (AKA, the FL HP and/or "correct" court did not notify me of the error and subsequent correction); thus resulting in the "correct" county sending a notice of 'failure to appear' and a license suspension notice to my state (KS).
2. Undue hardship inflicted in that as a result of the Trooper's errors (citing an incorrect county & failure to notify me of the correction), I had a suspended license for 3 weeks and could not drive to work. Also, the "correct" county sent the case to a collections agency that is now pursuing me for not only the fine, but late fees as well.
Would you use these arguments? If not, what would you argue?
Hi again, and thank you for your follow up:
Thanks Alexia for your response. Vey welcome. It definitely helped and answered my initial question. I have a follow up question though. If I accept your first answer will it lock me out of replying to you? Not at all.
I want to give you credit; but don't want to not get your response to my follow up question. Not to worry :)
1. Depravation of my due process in that I was NOT notified of the officer's error AND correction by same officer, (AKA, the FL HP and/or "correct" court did not notify me of the error and subsequent correction); OK, I think I get what you are saying. You did not know of the correction, you may not even have known there was an Incorrect jurisdiction, is that right?
thus resulting in the "correct" county sending a notice of 'failure to appear' and a license suspension notice to my state (KS). Hmm! What do you mean a failure to appear? Were you charged with contempt because you didn't show up at an ordered court date in the OLD INCORRECT place? Why didn't you show up? And are you saying that when you didn't show up at the old incorrect court as ordered, the new correct court then cited you with failure to appear?? And suspended your licence?
2. Undue hardship inflicted in that as a result of the Trooper's errors (citing an incorrect county & failure to notify me of the correction), I am not seeing that the failure to notify you of the correction made any difference in terms of you showing up in the OLD court. However, I wonder if you were properly SERVED process by the NEW court of the new citation (irrespective of not learning of an error, I would tend to think that when a NEW court is asserting jurisdiction, it must give you Notice/serve you with process? Now, if that had nothing to do with you and the OLD court, I don't see that effecting the OLD court's holding you in contempt for not showing up when you knew of THAT order to show up in the old court.
I had a suspended license for 3 weeks and could not drive to work. You had your licence suspended for 3 weeks by the New court, or by the Old Court?
Also, the "correct" county sent the case to a collections agency that is now pursuing me for not only the fine, but late fees as well. Which it can do, unless and until you get any conviction overturned.
Would you use these arguments? If not, what would you argue? I still have too many questions needed to clarify the facts. If you can, answer the above questions or dispute any 'presumptions' I am making, so I have a clear picture, OK?
Since my tkt was sent to both counties, the 'correct' county, issued the contempt charge because I did not know they also had the tkt in their court. I was communicating with the "incorrect" county about the tkt. The "incorrect" county gave me until April 28, 2013, to pay the fine. In the mean time, the "correct" county assumed I ignored the tkt, issued the contempt charge, issue the licence suspension notice, AND sent the case to collections. It was not until my initiation of investigation as to why the collection agency for the "correct" county is after me for the same tkt, was I notified of the filing errors. To make matters worse, the "correct" county has said they will honor the ruling from the "incorrect" county and give me until April 29, 2013 to pay the fine to them. But last night, I got another notice from the same collection agency, stating I am past due on fine payment to the "correct" county. This has just been one screw up after another. I feel that based on the series of mistakes made with this case, to include suspending my licence for 3 weeks, that this case should just be dismissed. Would you agree that is a valid argument? Thanks for the help.
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