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I got a ticket for speeding,and after calling the number on…

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I got a ticket for...
I got a ticket for speeding,and after calling the number on the ticket the officer informed me he tore up the speeding ticket that was $180.00, and wrote one for Littering, and I owe $465.00, and if not payed in 10 days the Court will issue a bench warrant. How can this be legal?
Submitted: 10 months ago.Category: Legal
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Customer reply replied 10 months ago
Should I go on and pay the$180.00or what
Answered in 13 minutes by:
10/3/2017
Lawyer: Gerald, Esq, Lawyer replied 10 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,446
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Lawyer: Gerald, Esq, Lawyer replied 10 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

It sounds like the officer is violating your "Due Process" rights. Complete the back of the ticket and plead NOT Guilty. Go to Court on the specified day and speak with the prosecuting attorney - if there is one - about negotiating a lesser citation. If you can make sure you still wait until the Judge approves of the plea.

If you can not amke the deal tell the Judge what happened and state that it seems like the officer is violating your due process rights to porper notice and opportunity to be heard by threatening or in fact switching the ticket for a higher offense.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Lawyer: Gerald, Esq, Lawyer replied 10 months ago

Please excuse the typos. I was typing too fast for my fingers.

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Customer reply replied 10 months ago
He told me the Court date has passed and I have 10 days to pay or a bench warrant will be issued
Lawyer: Gerald, Esq, Lawyer replied 10 months ago

Contact the Court directly. If the Court date has in fact passed file a "Motion to be heard Nunc Pro Tunc."

In the Motion state exactly what happened as you described it here and say you were deprived of your Due Process Rights to be heard.

You can use this guide on how to write a Motion. Even though it is not from Alabama the format is good to use:

http://courts.delaware.gov/forms/download.aspx?id=45678

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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Lawyer: Gerald, Esq, Lawyer replied 10 months ago

Nunc Pro Tunc is a legal term meaning "Now for Then." It means that you are asking the Court to hear you even though you are late.

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Lawyer: Gerald, Esq, Lawyer replied 10 months ago

I must go offline now. If you have additional questions I will respond later tonight.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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