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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 118087
Experience:  Attorney with over 24 years of law and traffic law
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I have a dead line of the 7th to file an appeal to overturn

Customer Question

I have a dead line of the 7th to file an appeal to overturn a conviction of traffic violation rendered in absentia. I missed the court date by a day believing that it was on the 25th rather then 24th of December. I did not received mailing notification, just the documentation initially provided that was lost. How must I proceed?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information only for educational purposes only, and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Please tell me what court the conviction was in?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
County of San Francisco superior Court
Customer: replied 1 year ago.
Attached is the very last mailing received after I filed to appeal.
Expert:  Ely replied 1 year ago.

Thank you.

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 will "lock" your question back to me, thus inadvertently delaying other experts' access to it.

My apologies for any inconvenience and good luck...

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You now have to file your appeal brief as instructed. You need to explain your good cause as to why you missed your appearance in court and you need to argue that the court has the discretion to vacate the conviction in absentia for good cause. You are going to have to convince the court of human error and ask for the conviction to be vacated and the case remanded to the court for a trial on the merits to afford you due process rights guaranteed by law.
We never suggest anyone do this type of appeal without an attorney locally, but with such a short time to file, you will have to do so and then if it is vacated and remanded you can seek an attorney to represent you on the trial.
Customer: replied 1 year ago.
Well I knew this part I was looking for case law. I already submitted it to the court. You answer was merely confirming what I new. Now I need to discontinue this account. I actually canceled the account immediately after I was told they were referring it to an expert. I didn't have time to wait.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your honesty. I was not aware you wanted case law, because you never said that specifically. I have that case law, but since you cancelled your account I will not be able to provide that. I will send you an offer for the research time and it is up to you if you want to accept or not.