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Alexia Esq.
Alexia Esq., Managing Attorney
Category: Traffic Law
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Experience:  19+ years of Legal Practice in Traffic law field.
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FL Traffic: The FL HP issued me a tkt siting the wrong county.

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FL Traffic: The FL HP issued me a tkt siting the wrong county. Afterwards he corrected the county and I was contacted by BOTH counties saying I owe them a traffic fine. Is there anyway to get this dismissed in the "corrected" county? My original paperwork shows the "incorrect" county. - Thanks
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Wendy-Mod replied 1 year ago.
Hi, I am a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.


Thank you!
Wendy
Customer: replied 1 year ago.

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

Expert:  Wendy-Mod replied 1 year ago.
Thank you for the additional information and your patience. We will continue the search for a professional for you.

Regards,
Wendy
Expert:  Ely replied 1 year ago.
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Yes, there is a way. Someone in your situation may wish to file what is known as a Motion to Dismiss in the county which was the wrong one, explaining the situation. The prosecutor attached to the Court will have to be served and the matter would be heard by the Judge. Once the Court understands what happens, then the matter should be dismissed and one can concentrate on the actual ticket in the right county.

This is done by:

1) Drafting motion;
2) Sending the motion to the Court;
3) Calling the Court to confirm receipt and get a court date;
4) Notice the prosecutor of the motion by a copy and date/time of the hearing;
5) Have the hearing.

Let me know if you need any more information on any of these steps. Best of luck.

IMPORTANT: Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups for free after rating. My ultimate goal is your complete satisfaction.
Customer: replied 1 year ago.

Ely,

 

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?

Expert:  Ely replied 1 year ago.
Hello friend,

My sincere apologies. You had stated:

"Afterwards he corrected the county and I was contacted by BOTH counties saying I owe them a traffic fine. Is there anyway to get this dismissed in the "corrected" county? My original paperwork shows the "incorrect" county."

I took this to mean that both counties are still pending - you had not told me until now that one was already dismissed, and, that you were simply trying to drop the incorrect county's matter. I incorrectly assumed that you had meant "Is there anyway to get this dismissed in the "incorrect" county?"

My apologies for the understandable miscommunication. I am going to opt out of your question and open this up for other experts.

Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other experts' access to it.

My apologies for any inconvenience and good luck...
Expert:  Alexia Esq. replied 1 year ago.
Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing Traffic law for 19+ years and look forward to assisting you.

I see from Ely's clarification, you meant that you want the ticket dismissed in the "correct" county, NOT the "corrected" county (which would be the first, wrong county, that was later corrected, leaving only the second "correct" county as the outstanding). I will go with this understanding unless you let me now it is not so, OK?

That being said, I see you have now asked:

"I clearly (well, not really clearly, but I think we have it straight now) asked how to get the tkt dismissed in the correct county, where the tkt should have been filed in the first place.

To get a charge dismissed, you either have to determine an improper legal act or omission that rises to a due process failure (i.e constitutional failure) (such as failure to properly serve you, lack of probably cause for the stop (if you were in fact stopped for whatever ticket you got), etc. or you have to get it dismissed on its merits. You can make these by Motion, as described by Ely, above, and when doing so, because you do not want to appear, given the distance, you will want to ask for the Judge to decide your Motion "on the papers" - in other words, without Oral Argument. In that case, it would be by mail. Alternatively, you will ask that you be allowed to appear by telephone to provide oral argument or any testimony the judge may want - include that as a Motion request with your Motion papers, ideally.



"... I need to do this via US Mail. You have the right, as above, to request that your motion to dismiss be on the papers, as noted above.

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?" No, unfortunately, there is not. Clerical errors that are correctible and do not go to the merits typically do not cause a dismissal once they are corrected. This is largely because troopers are human, human errors happen, but since it didn't deprive you of due process, it is "harmless" error once corrected. Now, if your second citation has other due process issues (i.e. let's say the trooper accused you have a statute violation that that is NOT the facts he put in his report. I.e. Let's say he cited you with going 15 over the limit, but in his police report facts, he describes you has going 55 on XX road when he clocked you, and you learn that the speed limit on XX road at that location IS 55 mph. You could do a Motion to Dismiss potentially on the merits: That the charging officer has failed to state any facts that, if taken to be true, could allow a reasonable factfinder (in this case the judge) to find you guilty of going 15 over (since all evidence by the State says otherwise). This is just an example, of course, and any motion you may be able to file would depend on the discovery available through the state or by your due diligence and what argument could be made, and of course read thoroughly your local court rules for your jurisdiction.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.


Customer: replied 1 year ago.

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?

Expert:  Alexia Esq. replied 1 year ago.

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 :)

 

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); 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?

Expert:  Alexia Esq. replied 1 year ago.
I see you are offline, but I will be sure to check back in with you later, to see if you had the chance to review the above questions.
Customer: replied 1 year ago.

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.

 

Expert:  Alexia Esq. replied 1 year ago.

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.
Unfortunately, I don't think it is a legal argument that would work. First, you seem to be pleading guilty (or have), as noted by your willingness to pay the fine. Once you pay the fine and plead guilty, and the court accepts the plea and then finds you guilty of the charges, you can't get them dismissed because they are already over - charges are gone, and there is a conviction. There are no charges to dismiss and you can't dismiss a conviction. You can appeal one though. However, the facts upon which you base the appeal do not go towards guilt or innocence of the underlying charge (traffic violation). Rather, your facts are more along the lines of a sentence occuring based on a mistaken court finding of contempt - so that the sentence (suspension) shouldn't have happened and it costs you 3 weeks of taxis to work. Your best bet may be to ask the judge in fairness/justice to consider the loss you have already suffered due to mistakes out side of your control, and either dismiss the underlying charge (if not yet pled to) or possibly vacate the conviction, OR, if he can't find a basis to vacate, to not fine you or suspend the fine, if possible. The facts don't change the underling case, but your troubles due to the mistakes of the system (court/law enforcement, etc) may give a nice Judge a reason to to try to make it easier for you.
Expert:  Alexia Esq. replied 1 year ago.
Hello again. Please, if you haven't yet had the opportunity to do either of the items below, I ask that you do so now, because my job depends on it! Please:

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If there's more I can do, please use the reply tab and let me know how I can be of further assistance. It's my goal to provide you with excellent service - to make sure I answered the question you asked about. Please rate me highly and provide me with feedback. And thanks for understanding how we receive credit from the Site for contributing our time here!



Sincerely,

Alexia Esq. - Your Online Legal Professional

Alexia Esq., Managing Attorney
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Experience: 19+ years of Legal Practice in Traffic law field.
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