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Ask Law Tutor, Esq. Your Own Question
Law Tutor, Esq.
Law Tutor, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 165
Experience:  N/A
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I miss a court date which I paid to have to dispute a none

Customer Question

I miss a court date which I paid to have to dispute a none traffic violation in a parking lot where the wind blew a door out of my hand and hit the car park next to me...can I still disputed it??
Submitted: 5 months ago.
Category: Traffic Law
Expert:  Law Tutor, Esq. replied 5 months ago.

Welcome to JustAnswer (“JA”)! I look forward to assisting you today.

Note: (1) If you want legal advice, please consult with a local attorney before acting or deciding not to act; the information given here is for educational purposes only; (2) No specific course of action is proposed and no attorney-client relationship is formed herein. By continuing, you confirm that you understand and agree to these terms and to JA’s other site disclaimers.

Please give me a moment to write a response and identify any additional resources for you. It may take a few minutes because I am typing an answer.

Possibly. Where was the case pending and what kind of case is this - a civil case? What was the court's finding in your absence? I need these answers in order to better serve you. Thanks.

Customer: replied 5 months ago.
Just a traffic violation. But in Massachusetts if you get three violations in a year you have to go to traffic school. Seeing that this would be my third I ask to contest the violation on the basis that it was a act of nature and not a moving violation.
Customer: replied 5 months ago.
I miss my court date today and what to know what I can do
Expert:  Law Tutor, Esq. replied 5 months ago.

I see. I am typing your answer. Please give me a few moments. Thanks.

Expert:  Law Tutor, Esq. replied 5 months ago.

If you missed your court date, you should contact the court first thing in the morning to find out the outcome of today's hearing. There is no mandatory court hearing in Massachusetts for a civil traffic ticket unless you indicated that you wanted to dispute the charge. So if you missed the date that was assigned to you, and you missed the hearing for good cause and it was beyond your control, you may file a motion to reset the date or vacate the judgment with the court giving the details as to why you missed your hearing. You need to make sure that a default or warrant was not issued against you. If a default or warrant was issued, you need to contact a local experienced traffic law attorney who can get the default or bench warrant dismissed for you. I hope this helps.

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Customer: replied 5 months ago.
Would a judge issue a bench warrant over small traffic violations?? Seems exesive
Expert:  Law Tutor, Esq. replied 5 months ago.

No. That would generally only happen if you were a problem for the court (ie, they see that you have several prior failures to appear). I was just giving you all of the possibilities. I think you will be okay if you call the court in the morning, find out what happened, and then file the appropriate motion, if necessary. Good luck to you.

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