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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 38052
Experience:  Run my own practice.
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This is in Arkansas, City of Cave Springs. On 8/1/2013 I

Resolved Question:

This is in Arkansas, City of Cave Springs.

On 8/1/2013 I was pulled over, with the officer stating that I was going 21 MPH, 76MPH in a 55MPH. He wrote me a ticket. My court appearance was set for 8/1/2013. I pleaded "not guilty" and my trial date was set for 9/5/2013. I got a certified letter in the mail on 8/21/2013 that my court date had been move (no reason given, however I know the reason which I will discuss later) to 10/3/2013. When I arrived at the court house there was barely anyone there. I noticed that the officer was not there. My fiance was with me and asked an officer and he said since there was not many people there that everyone was having their trials on that date.

The prosecutor saw me after my fiance told an officer my name. Shortly after he came out confused and out of place and said he didn't have my documents. He found them and we started to talk about a plea and he said that asking for it to come off my record most likely wouldn't happen. I then asked before he left "Is the officer here?", he paused and said "Officer "X" is in the hospital and won't be here today".

Confused, I asked him about not pleading guilty what would happen, he told me that he would have my court date moved (no reason given) and that the trial would happen then, EVEN THOUGH everyone else had their trial AND the notice that was sent me again had now type: plea/discovery hearing.

I was thrown off by this because I was told my trial would be THAT SAME DAY and on 9/5/13 original court appearance date and then got the notice with a change with no reason to 10/3/13 with the type now plea/discover hearing.

The prosecutor came back saying that he could have it removed (the judge approved it) if I paid the fine and didn't get a ticket in the area again within 12 months. I thought awhile about it with my fiance, and being pressured by this prosecutor almost and given that I couldn't keep coming back because I was missing school in my senior year of college graduating just 2 months from then I decided to take it. I asked many questions over and over and the prosecutor stated all I would have to do is pay the fine, it would be removed given I don't get another ticket in that county. So I agreed.

The lady at the desk wrote out on a "notice of time payment and promise to appear" and it was marked "other" and that I would "pay in full by 10/20/13" and I signed it.

Now I got a letter stating I had to go to traffic school. What? This was from nowhere. The original plea I said had this listed nowhere.

The letter attached with the directions and date of the traffic school were again mailed to me and the line where I believe I am suppose to sign says "mailed 10/3/13", this was the SAME DAY I was in court! By the same desk clerk! I believe I was suppose to sign this line cause what else would it ask for a signature. Right above it said "An arrest warrant shall be issued for failure to attend this class" yet no signature. It said I had to go to traffic school on 11/2/13

Letter/notice marked 10/3/13, but I didn't get it until today 11/1/13 (it had to have been lost in the mail) and I called the court and the clerk said the clerk that had written it out didn't work Fridays. She gave me the number to the prosecutor and I called to try to get ahold of someone to help but the lady who answered said the person I was looking for left early for the weekend.

Called back the county clerk she emailed the "plea deal" that I had signed.

I looked at my "plea deal". There a quite a few things missing. My Docket number is XXXXX listed. The "date" and the "date accepted" had no dates. The kicker here is that I saw three things that weren't listed before:
1) under my charge all it said was "Speeding - 1st)" and said (21 MPH over)
2) Under other conditions it now had "must attend defensive driving within 30 days"
3) the condition about no ticket for 12 months was had written in on the side, not type or written where the blank line was.

For #1 and #2 above the font for typing was a different size and font. Also this wasn't possible to have when I went since we hadn't even talked about a deal so it had to be done after. I am suppose to be at traffic school tomorrow but given all this I now want to fight it and have a trial and not go through with the plea because I feel things were added and I was lied and forced into this.

The officer is also STILL OUT, and I was told for a long time. It's clear he may never return to work. At this point, given a warrant might be out for me after tomorrow what can I do? I feel I have a case to fight as I feel the above things were added after I signed and the dates and docket # XXXXX missing. What can I do? My fiance also heard all of this and can testify to what I have said as she looked over the plea deal with me as well and also did NOT see this "other condition" stating I had to go to traffic school. I feel this case should be dismissed and my money refunded.
Submitted: 11 months ago.
Category: Traffic Law
Expert:  Dimitry K., Esq. replied 11 months ago.

Dimitry K., Esq. :

Thank you for your question.

Dimitry K., Esq. :

Please permit me to assist you with your concerns.

Dimitry K., Esq. :

Forgive the short delay, I am still reviewing the facts of your question.

Dimitry K., Esq. :

The changes that you saw in this ticket, were they all new? Do you remember seeing any of that when you initially agreed to plea?

Customer :

What do you mean by the changes I saw in the ticket? Are you talking about the changes I saw in the "plea deal" I was offered and signed?

Dimitry K., Esq. :

You mentioned that you saw things that weren't listed there before

Dimitry K., Esq. :

the speeding conviction, the diving requirement, and so forth--what was tehre before

Dimitry K., Esq. :

was that put in after you signed

Customer :

Sorry I don't think I completely understand, but let me try to answer.

Dimitry K., Esq. :

Sure thing, sorry if I am not being clear

Customer :

When I signed the plea deal, the "12 month" wasn't there. It was written sometime after I signed. It's in pen off to the side and looks like it says "w/a 12mo" but I believe it means what he had told me, don't get a ticket for 12 months and you will not have this show on your record.

Customer :

I have more, pressed enter on accident, please hold.

Dimitry K., Esq. :

take your time, I am still here

Dimitry K., Esq. :

this is a fairly concerning situation for you, so I am not going anywhere

Customer :

The "other conditions" listing about taking driving school within 30 days was not there, and my fiance also confirmed this with me as we both looked it over for awhile and I asked many questions because there were numbers and letters, and I had him explain it quite a few times with my fiance right there. However it is typed in and looks to be smaller (meaning different font) and also the top line where it talks about my charge the "21 MPH over" is also way smaller and wasn't there when I signed too. I said over and over that all I have to do is pay the fine and not get another ticket and everything would be good? He answer "yes". I asked if there would be any paperwork or anything further mailed to me and the answer was "no" by both him and the desk clerk (this is the same clerk who mailed out the form that I had to attend traffic school mind you) and to further add I never saw the form and obviously didn't sign it (thus where a signature was asked for it said mailed 10-3-13)

Customer :

But on the plea deal as well the docket no. and the date and date accepted are not listed, further making me very suspicious and upset of the situation. It is pretty clear to me that I was taken advantage of and they knew the officer wasn't going to be in for along time (as I said he is still out, hurt badly I was told)

Dimitry K., Esq. :

It does sound as if you were deceived

Customer :

I have a clean record and I am about to graduate college. The last thing I need right now is a warrant or worse. I feel like I need to stand up for myself and have this fixed the right way. I wouldn't have signed the plea deal if I knew there was traffic school cause I didn't want to pay anymore money.

Dimitry K., Esq. :

Typically at the time of a plea deal, you are given a printout by the clerk showing what the plea would be (once the judge accepts the terms)

Dimitry K., Esq. :

any changes, ANY modifications that you didn't agree to, are not permitted once you and prosecutor agree to terms.

Customer :

Correct, I wasn't given this. All I was given was the paper that promised to pay.

Dimitry K., Esq. :

Oh, I agree with you. What you would need to do is this:

Dimitry K., Esq. :

You need to contact he courts on Monday and request a hearing

Dimitry K., Esq. :

with the same judge that issued the order

Dimitry K., Esq. :

Bring a copy of this document with you, and state that when you were in court you made a plea agreement with the courts that does not fit the terms listed on the documents that you received

Dimitry K., Esq. :

Ask if the court perhaps made an error and erroneously placed the conditions of someone else onto your file and your plea agreement.

Dimitry K., Esq. :
Dimitry K., Esq. :

That, by itself, should be sufficient for you to then request that the judge dismiss the order outright as it was erroneously put in place, and that the warrant if issued, be removed.

Dimitry K., Esq. :

Typically it would take about 2-3 weeks for a hearing date to be scheduled when you request it.

Dimitry K., Esq. :

Does that make sense so far?

Customer :

I am reviewing, I do have some to add.

Dimitry K., Esq. :

Take your time

Customer :

Well here is the problem. The document I signed and the letter I got talking about when I need to go to traffic school (and the slip with the info). Are the same. HOWEVER, when I signed it and when my fiance saw it those things were not listed.

Customer :

And I can back it up by saying that it was typed in, and this plea wasn't even offered or written up when I got there, going back to prosecutor saying he doesn't think the judge will take my offer but said he would ask the judge. Then comes back saying he did accept. The prosecutor didn't go anywhere besides to right there and then back to me, I.E. he didn't go somewhere, print these conditions and the "21MPH over" and then come back to me. He just came back with the plea deal just showing what originally was there.

Dimitry K., Esq. :

I understand that. Do you have the original letter you received from the clerk on the date you agreed for the plea deal?

Customer :

My issue and worry is that the judge won't believe me (given what I have been told about this judge from lawyers I talked to about this) and that I may end up in jail over something so simple as going to the traffic school and while wasting my day and money be safe. But that isn't my problem, it is that I truly don't remember seeing these things there and it was 100% never stated or talked about, otherwise why wouldn't I had signed the traffic school thing isn't of it saying "mailed 10-3-13"

Customer :

I never was given a letter by the clerk when I took the deal

Dimitry K., Esq. :

Okay, not a problem.

Dimitry K., Esq. :

By making an appearance early, and as I suggested, not accusing the judge or the prosecutor of anything, the judge would have no basis to throw you in jail

Dimitry K., Esq. :

the point of an arrest warrant is for you to appear in court and explain to the judge why you failed to follow the court order

Customer :

the other letter, or paper I have is a paper that says "notice of time payment and promise to appear" and it has the spot where is says "defendant promises to" (and there are different choices, mine is marked other) and states "pay in full by 10-20-13" which I did.

Dimitry K., Esq. :

he cannot throw you in jail when you scheduled to see him before there was any sort of a formal violation.

Customer :

If I really signed something talking about having to do traffic school, shouldn't it be listed on this piece of paper? Or the piece of paper about traffic school, wouldn't I have signed it given it was mailed 10-3-13 and where it has signature it says "mailed 10-3-13" and then the fact that the docket no., the date and the date accepted are all blank and not there?

Dimitry K., Esq. :

Those are separate issues. If you agreed t do traffic school, it would be listed in the plea agreement or the note you were provided

Dimitry K., Esq. :

This is why pointing this out to the judge and suggesting they made an error by accidentally placing the conditions of someone else onto your document is the proper approach.

Dimitry K., Esq. :

If you get mad, judge gets stubborn and bullheaded, and you get in trouble

Customer :

I am a very respectful person and certainly wouldn't say they lied, etc.

Dimitry K., Esq. :

but pointing out that it would not make sense for you to essentially plea guilty to the same offense when the officer was not there makes no logical sense

Customer :

I would just provide the facts and the reasoning.

Dimitry K., Esq. :

I realize, but some do become confrontational, which is never wise.

Customer :

You make a good point, I am not 100% knowledgeable on Arkansas law, but that is correct that if I pleaded guilty I would be required to take traffic school?

Dimitry K., Esq. :

Not at all

Customer :

I know in other states traffic school will remove a ticket, I dont know if that is true in Arkansas or if over 20+ MPH they require it. I know that being 20+ MPH over really hurts you as I read and talked to lawyers about.

Dimitry K., Esq. :

if you plead guilty you agree to pints and the fine

Dimitry K., Esq. :

traffic school is a plea condition to reduce points

Dimitry K., Esq. :

*points (sorry)

Customer :

Going back a few points (sorry to be jumping around), you said he cannot throw me in jail when I scheduled to see him before there was any sort of a formal violation. Wouldn't my violation be if I didn't attend tomorrow (or today depending on your location) the 11-2-13 traffic school? Because that paper that lists information about the traffic school says if I don't attend it on that day a warrant will be out for me and also in the "plea deal" that I had to attend traffic school within 30 days, which of course 30 days would be passed by Monday.

Dimitry K., Esq. :

Yes and no. By scheduling the hearing a day after the deadline, you are doing so before the warrant is graned

Dimitry K., Esq. :

*granted

Dimitry K., Esq. :

As yet there is no violation because you are requesting an appearance, so there is no basis to seek a warrant yet.

Customer :

Couldn't a warrant be sent out Monday morning before I call?

Dimitry K., Esq. :

No

Dimitry K., Esq. :

Warrants are not sent out so quickly

Dimitry K., Esq. :

typically they are processed in batch

Dimitry K., Esq. :

and a few days after because there is still the mailbox rule

Dimitry K., Esq. :

that is the rule that documents postmarked by the deadline still count

Dimitry K., Esq. :

if you sent them proof by mail on the 2nd (for example) that you complied, they may get it by wednesday, based on how fast the mail is

Dimitry K., Esq. :

so they tend to give a few days before filing the warrant

Customer :

Gotcha

Customer :

The problem I still worry about is that they would say well that I what I signed and that I got a copy (or whatever to say to prove me wrong). Its a small town where I got this ticket, and supposedly the 21+ MPH is horrible

Dimitry K., Esq. :

There is always a risk, I agree

Dimitry K., Esq. :

but then you can appeal and also file grievances against the judge with the judicial board

Dimitry K., Esq. :

as well as against the prosecutor with the county bar association

Dimitry K., Esq. :

but that is if you fail in this endeavor

Customer :

Like I said my biggest concern is being thrown in jail, or something worse than I have now. But at the same time, I believe I am correct and not wrong given myself and my fiance agree (and she doesn't just agree with me just because). I mean we really studied that plea deal over.

Dimitry K., Esq. :

I understand, and I am likewise trying to give you suggestions to keep you from jail but also to help you prevail

Customer :

True. Are you familiar with Arkansas law?

Dimitry K., Esq. :

I am

Customer :

Not having the docket no., date and date agreed on there does that help me at all? Or the fact that the fonts on the things I am talking about on the plea deal are (seems to be) smaller or different fonts? Or the fact that I didn't sign the traffic school paper and it just says "mailed 10/3/13" and also that the only paper I did receive doesn't even have promise to go to traffic school?

Dimitry K., Esq. :

Not at this point. What helps are the fonts as it can point to the conditions being put into the document after the agreement, and potentially via error

Dimitry K., Esq. :

the signing of the school paper is not indicative of their error, merely your omission.

Customer :

Sorry I didn't understand those two point, is it possible to re-word?

Dimitry K., Esq. :

Sure thing.

Dimitry K., Esq. :

The fonts can show that the information was put in place after your agreement with the court

Dimitry K., Esq. :

that could then be used to claim error on part of the court

Dimitry K., Esq. :

makes sense?

Customer :

It does

Customer :

How about the part about traffic school?

Dimitry K., Esq. :

what that means is the fact you failed to sign does not necessarily mean that the courts failed to explain it to you--if THEY failed to sign something, tehn it is more likely to be an error, but your failure does not affect the condition.

Customer :

Basically they can say they did explain it to me, or showed it to me and I just didn't sign is that correct?

Dimitry K., Esq. :

right

Dimitry K., Esq. :

that is harder to claim that it was their oversight

Customer :

Any idea what R.B. would mean? its in pen on the side.

Dimitry K., Esq. :

No idea, I cannot make an educated guess. perhaps initials but that is a blind guess on my part.

Customer :

So basically my best defense in this situation would be the fact that "possibly" the font is different (they may not see as such) but more-so the fact that on the paper I did get that it only had information that I would pay?

Dimitry K., Esq. :

well no, you can push for the font difference

Dimitry K., Esq. :

but also that there were changes between what you were showed and what you signed and what you received in the mail

Customer :

May I upload the what I have, crossing out sensitive information?

Dimitry K., Esq. :

My apologies but I really cannot review the document for you.

Customer :

How come?

Dimitry K., Esq. :

I have attempted to answer all that I can but other services are somewhat beyond site limitiations

Dimitry K., Esq. :

That can be considered representation, and something that state bars and site rules would prohibit

Customer :

Understand

Dimitry K., Esq. :

Thank you. I would if I could.

Customer :

Okay, so given the information I provided. Can you again please state/suggest what you recommend and what evidence I have provided to you that would be worthy of using?

Dimitry K., Esq. :

My apologies but you can scroll up as I have answered that for you. I am not trying to be difficult but I as you will receive a printout of this conversation once and if you rate my answers, that information is already available for your use

Customer :


Oh, I agree with you. What you would need to do is this:






10:59 PM



You need to contact he courts on Monday and request a hearing






11:00 PM



with the same judge that issued the order






11:00 PM



Bring a copy of this document with you, and state that when you were in court you made a plea agreement with the courts that does not fit the terms listed on the documents that you received






11:01 PM



Ask if the court perhaps made an error and erroneously placed the conditions of someone else onto your file and your plea agreement.






11:01 PM








11:02 PM



That, by itself, should be sufficient for you to then request that the judge dismiss the order outright as it was erroneously put in place, and that the warrant if issued, be removed.






11:02 PM



Typically it would take about 2-3 weeks for a hearing date to be scheduled when you request it.



Dimitry K., Esq. :

Yep, that is what I suggested above.

Customer :

This point "Those are separate issues. If you agreed t do traffic school, it would be listed in the plea agreement or the note you were provided"... is what worries me, because on the plea agreement it does state traffic school, and I feel just as you stated they could say they told me about it and I just didn't sign the paper about traffic school that they could say I did in fact receive a copy of the plea agreement.

Dimitry K., Esq. :

The counter to it is the font and the explanation that you would not logially plea guilty to an offense when you came expecting a hearing but the officer did not show

Dimitry K., Esq. :

that is what would make their claim fall apart. it would not make sense to pay the full fine, go for traffic school, when you could have demanded a hearing even if the officer is missing

Dimitry K., Esq. :

that is why claiming that it was an error, which it likely was, is a very serious and potentially successful argument

Dimitry K., Esq. :

I am not attempting to convince you, as it is ultimately your choice as to how to pursue this--I am pointing out the flaws

Customer :

I just have a little more, I am sorry for my continued questions as something so serious I figured coming here was the best idea Dimitry, I hope this is okay.

Dimitry K., Esq. :

I do not mind but I will be logging off fairly soon to get some rest. (sorry about that). What are you other questions?

Customer :

Obviously when you take a deal, you get a better "deal". Are you saying if I did in fact go to trial and lose, all that would happen is a full fine and points + traffic school if I wanted to lessen the points? Again my deal was full fine and wouldnt be on my record if I didnt get a ticket for 12 months there.

Dimitry K., Esq. :

Well no, you wouldn't get traffic school

Dimitry K., Esq. :

if you simply pled guilty, you would get the fine and points

Dimitry K., Esq. :

that's it

Dimitry K., Esq. :

and no 12 month restriction either

Dimitry K., Esq. :

this is why this is not a 'deal' especially with a full fine

Dimitry K., Esq. :

and obviously an error

Customer :

So how come you pointed out that it wouldn't make sense to pay the full fine and go to traffic school when I could have demanded a hearing?

Dimitry K., Esq. :

because it wouldn't. you'd just pay a fine, take the points and NOT appear in court

Dimitry K., Esq. :

it's illogical, you could have done that via mail unless the documents required a court apperance

Dimitry K., Esq. :

*appearance

Dimitry K., Esq. :

getting a plea is usually taking a lesser fine and sentence. I see nothing lesser her

Dimitry K., Esq. :

*here

Customer :

The thing I did get was that it wouldn't show on my record, zero points, if I didn't get a ticket for 12 months. But your saying that isn't really a deal because if I do get a fine I'll get the points?

Dimitry K., Esq. :

Yes, but that is not what this document shows

Dimitry K., Esq. :

no, I am saying that the document with traffic school and additional restrictions does not show a better deal

Dimitry K., Esq. :

Getting a fine and getting points are separate. A true deal may include lowering your speed or changing your fine to a non point violation.

Dimitry K., Esq. :

Or yes, offering traffic school, but then also typically lowering the fine especially for a first offender.

Dimitry K., Esq. :

The conditions listed were not a 'plea deal', there were additional burdens beyond what you would have obtained.

Dimitry K., Esq. :

That is why it is not a deal, and likely an error.

Customer :

What do you mean by "The conditions listed were not a 'plea deal', there were additional burdens beyond what you would have obtained."

Dimitry K., Esq. :

I will try to simplify

Dimitry K., Esq. :

if you did not plea and just pled guilty

Dimitry K., Esq. :

you would have gotten points and a fine

Dimitry K., Esq. :

so far so good?

Dimitry K., Esq. :

with this plea you got.........a fine (same fine as if you did not plea guilty), points, 12 month restriction, and driving school.

Dimitry K., Esq. :

this 'plea deal' added more restrictions then the underlying ticket

Customer :

No, as I stated before I didn't get any points

Dimitry K., Esq. :

but you did...the second you did not take driving school classes

Dimitry K., Esq. :

that is what driving school is for, it is used to remove points

Customer :

Defensive driving is the same as traffic school?

Dimitry K., Esq. :

yes

Dimitry K., Esq. :

perhaps that was the miscommunication

Customer :

Between us?

Dimitry K., Esq. :

potentially, as I was not sure if what I was trying to explain was being understood, and that is likely my fault for not explaining that traffic school and defensive driving is the same thing

Dimitry K., Esq. :

Not an issue hopefully. That is why I kept stating that this 'deal' is no deal

Customer :

Okay, so what you are saying is as of right now I have points on my record and thus this is why I have to go to defensive driving to get them removed? My understanding was that (even though I did not agree to it, nor was told but understood once I got the information about defensive school) was that it was required for someone who went over 21+ MPH, believing that this was some law for Arkansas.

Dimitry K., Esq. :

No, right now you have no points but the moment you do not complete classes, you will have points on your license.

Customer :

The lady who I spoke to today (clerk) also said if I go to defensive school it will lower my insurance. I thought this was very strange given the fact that why would a school lower my insurance if I don't have any points?

Dimitry K., Esq. :

My apologies but I do not see that as the law--I just reviewed and it did not appear in my code

Customer :

So a full fine + points is a lesser in the since that my "plea" is full fine + points if I dont go to the school which thus wastes more of my time and even doing that I have a year before I can get a ticket again there otherwise I get points.

Dimitry K., Esq. :

Some insurers do give discounts for schools even without points

Dimitry K., Esq. :

that happens to be a truthful statement.

Dimitry K., Esq. :

Correct above

Customer :

So when I explain this to the judge, by asking if they placed by error and they state no, do I have any other options?

Dimitry K., Esq. :

Yes, you can appeal if they refuse to remove

Dimitry K., Esq. :

but I suggest you use the arguments I listed above to request removal

Customer :

And if they do say yes this was our error, what do I need to explain to get my case either dropped, or a trial (in which case I would win with the officer not there) or is there something else I can say since I basically wanted to plead my case that day since I knew the officer wasn't there (and thus would have won) but the prosecutor acted as if to push it another month a least (even though everyone else went) which I couldn't afford to keep getting pushed because I may be living in another state by that time.

Customer :

Mind you I have to pay money for the school as well, even more money.

Dimitry K., Esq. :

they are like 6 year olds

Dimitry K., Esq. :

they have to be very simply explained what the situation is, to be understood

Dimitry K., Esq. :

I am not being disrespectful here, they do not have the time or ability to always get into the nuances, and they generally do not care if they cannot understand it.

Dimitry K., Esq. :

the simpler the argument, the better, usually

Dimitry K., Esq. :

regarding your school argument, i know it wasn't for free...and I am again restating that the plea deal was not a deal

Dimitry K., Esq. :

an error is simple and something the courts will understand

Dimitry K., Esq. :

it is not an accusation, merely an explanation

Customer :

Ok so state the points (letter got in court didnt show traffic school) and plea deal had what looked to be different font and didnt see before nor talked about it and that the deal required even more work and money

Dimitry K., Esq. :

Correct, minus the point about money. judge won't care

Dimitry K., Esq. :

error is fine

Customer :

After that do I wait for his word and then ask for it to be dismissed in some code?

Dimitry K., Esq. :

I do apologize but I am logging off because it is very late here.

Dimitry K., Esq. :

Yes, you want for his decision, and he may then ask you questions. If he agrees, then he request that the ticket be edited, and you can then ask that the ticket be dismissed outright due to errors.

Dimitry K., Esq. :

Good luck and please take care.

Dimitry K., Esq. :

*wait, not want...sorry

Customer :

Ok thank you. I am I able to save & exit this question and ask 2 more questions tomorrow and then give my rating?

Dimitry K., Esq. :

You are most welcome. this does not close if you rate, and you can ask more questions later. Good luck and good night.

Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 38052
Experience: Run my own practice.
Dimitry K., Esq. and 10 other Traffic Law Specialists are ready to help you
Expert:  Dimitry K., Esq. replied 11 months ago.
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Customer: replied 11 months ago.

Can the case be dismissed just based on the errors after I explain to the judge the situation?


 


What about a refund of the hundreds of dollars I paid them for the fine if the case is dismissed?


 


I contact the court house and ask to speak with the judge, or to have my case seen again by the same judge due to believing there was errors? Not sure on how I am suppose to get in touch with the judge or have a court date setup with him again along with the two other questions above.


 


 

Expert:  Dimitry K., Esq. replied 11 months ago.
Peter,

Can the case be dismissed just based on the errors after I explain to the judge the situation?
Potentially, it is possible.



What about a refund of the hundreds of dollars I paid them for the fine if the case is dismissed?
If dismissal is granted, courts will refund the fees paid, or he can dismiss everything but the fine.


I contact the court house and ask to speak with the judge, or to have my case seen again by the same judge due to believing there was errors? Not sure on how I am suppose to get in touch with the judge or have a court date setup with him again along with the two other
questions above.
Ask to speak with clerk and request a hearing, as I stated above. The judge will not speak with you on the phone.


Good luck and take care Kindly rate my answers to you at this time, as I have faithfully attempted to assist and provide you with step by step instructions. Thank you.

Sincerely,

Dimitry, Esq.
Customer: replied 10 months ago.

I talked to the clerk and she was having a hard time setting me up with the judge, saying that based on my case similar situations that defensive driving is done, but she set me up.


 


Goes back to my question, what if he says it was on there and doesn't do anything?


 


The clerk stated my case is "settled" in their eyes, is it possible to ask for a trial based on the situation if the judge says that I am totally wrong?


 


At this point, would a lawyer be a good idea? I am trying to see how I can have it dismissed based on all the things that have happened. I think there is great answers here but I'm not sure what to do.


 


I can give feedback shortly after these questions and possibly one more set.

Expert:  Dimitry K., Esq. replied 10 months ago.
Peter,

Thank you for you follow-up. To answer directly:

Goes back to my question, what if he says it was on there and doesn't do anything?
Then you lose and the current ticket as it stands remains, including the fines and the points.


The clerk stated my case is "settled" in their eyes, is it possible to ask for a trial based on the situation if the judge says that I am totally wrong?
You would then need to appeal it to a higher court if a judge refuses to overrule.



At this point, would a lawyer be a good idea? I am trying to see how I can have it dismissed based on all the things that have happened. I think there is great answers here but I'm not sure what to do.
That is very much your call. I do not see this as serious and potentially something that you can do on your own. But if you feel that you cannot or that there is some manner of bias, retaining counsel may be wise.



I can give feedback shortly after these questions and possibly one more set.
I would appreciate that. Please take care.
Customer: replied 10 months ago.

To understand:


 


If he says I am in the wrong, I will get the fine (already paid) and the points and not be offered traffic school again since I didn't attend?


 


As far as appealing to a higher court, could you give an example?


 


With all the errors and such, is it possible to just have the ticket/case dismissed based on the docket # XXXXX the dates not there, and everything else I have explained?


 


I feel that I there has to be something I can do. There was no "defensive driving" on the plea I signed and that is clear because when we talked he said the judge wouldn't most likely go for it and then after speaking with the judge he did, so it is clear it was added after I signed. Can I use what was said in court when addressing the judge and bring up this point above to prove that it wasn't there when I signed as well as have my witness talk at all?

Expert:  Dimitry K., Esq. replied 10 months ago.

Thank you for your follow-up.

 

If he says I am in the wrong, I will get the fine (already paid) and the points and not be offered traffic school again since I didn't attend? Yes.

 

As far as appealing to a higher court, could you give an example? An example of what? An appeal is highly complicated and fairly expensive--I do not have sample forms here as any appeal is custom written and designed.

 

With all the errors and such, is it possible to just have the ticket/case dismissed based on the docket # XXXXX the dates not there, and everything else I have explained? Unlikely.

 

I feel that I there has to be something I can do. There was no "defensive driving" on the plea I signed and that is clear because when we talked he said the judge wouldn't most likely go for it and then after speaking with the judge he did, so it is clear it was added after I signed. Can I use what was said in court when addressing the judge and bring up this point above to prove that it wasn't there when I signed as well as have my witness talk at all? I apologize but I have already patiently explained your best options and I truly cannot create more options if none exist. Anything stated to you without that person being present there is considered to be 'hearsay' and not admissible.

 

Good luck and take care.

Customer: replied 10 months ago.

To appeal it would cost me a quite deal of money you are saying?


 


 

Expert:  Dimitry K., Esq. replied 10 months ago.

Yes, it would.

Customer: replied 10 months ago.

I am guessing I cannot ask for a trial due to the circumstances?

Expert:  Dimitry K., Esq. replied 10 months ago.
Peter,

I am going to go ahead and opt out from further assisting you at this time. Please take care and I wish you the best of luck.
Customer: replied 10 months ago.

That really is the last question that I have for you.

Expert:  Dimitry K., Esq. replied 10 months ago.
Peter,

With all due respect, I wish you well. Good luck and please take care.

Sincerely,

Dimitry, Esq.
Customer: replied 10 months ago.

It is literally the last question I need to ask, it wasn't in my responses above.


 


I cannot ask for a re-trial based on the circumstances?

Expert:  Dimitry K., Esq. replied 10 months ago.
No, you cannot. Only an appeal, if you fail to prevail in court.

Good luck and take care. Have a pleasant evening.

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