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Traffic ticket in South Dakota. Told you already. I missed…

Customer Question
Traffic ticket in South...

Traffic ticket in South Dakota

Lawyer's Assistant: Because traffic laws vary from place to place, can you tell me what state this is in?

Told you already

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I missed the court date, fine was imposed, i want to appeal

Submitted: 7 months ago.Category: Traffic Law
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Answered in 5 minutes by:
11/30/2017
Traffic Lawyer: Olivia Kent, Attorney replied 7 months ago
Olivia Kent
Olivia Kent, Attorney
Category: Traffic Law
Satisfied Customers: 4,074
Experience: Partner at Kent Law Group, LLC
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Not a bot :-) Please note this site is general information for educational purposes only and doesn’t constitute not legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can.

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Traffic Lawyer: Olivia Kent, Attorney replied 7 months ago

When was your court date?

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Customer reply replied 7 months ago
Ms. Kent, thanks. My daughter missed her court date in Bennett County, SD on 14 Nov 2017. She was issued a "power of attorney" traffic ticket on 13 Oct 2017 for expired tags and driving without a license.She wants to appeal. What does she have to do? What motions can she file?
Traffic Lawyer: Olivia Kent, Attorney replied 7 months ago

Okay, I see. So since this is relatively recent, she'd want to go down to the courthouse and explain that she "accidentally" missed her court date, "forgot" about it, or something similar (assuming it was true) and ask for the case to be reopened. You'd be surprised how many people mess up the dates of their hearing and ask for the court to reopen the case - and it's generally not a problem.

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Traffic Lawyer: Olivia Kent, Attorney replied 7 months ago

I see that you request a phone call but it looks like it didn't go through. Experts don't have much control over that but if you contact customer service they should be able to fix the problem.

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Customer reply replied 7 months ago
I want a draft motion to file for circuit court in Bennett County, SD.
Customer reply replied 7 months ago
Don't need a call right now.
Customer reply replied 7 months ago
I would like to know how many days does she have to file a timely appeal. Does she have an automatic right of appeal? What must be in her appeal?
Traffic Lawyer: Olivia Kent, Attorney replied 7 months ago

In general, all you need to do is go to the court and explain the situation and they'll usually give a do-over in traffic court. You WANT that do-over b/c if you lose there you would appeal it. But if you go straight to appeal then you lose a chance to win at the lowest level.

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Customer reply replied 7 months ago
I would like you to be specific on South Dakota. Can my daughter fax in her appeal to Bennett County?
Customer reply replied 7 months ago
Again, how many days does she have to appeal?
Traffic Lawyer: Olivia Kent, Attorney replied 7 months ago

.

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Traffic Lawyer: Olivia Kent, Attorney replied 7 months ago

Do you have a copy of the court order?

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Customer reply replied 7 months ago
i have a copy of her ticket
Traffic Lawyer: Olivia Kent, Attorney replied 7 months ago

Take a look at this link: https://www.dmv.org/sd-south-dakota/fighting-your-traffic-ticket.php

Halfway down the page is where you would click if you missed your court appearance. They will reschedule it for you. That's why I'm trying to tell you you should do that - instead of jumping straight to an appeal.

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Traffic Lawyer: Olivia Kent, Attorney replied 7 months ago

If you'd like to try to appeal your conviction, the rules for doing so differ depending on your court and charges.

If you were tried in a:

  • Magistrate court for misdemeanor charges, you must file an appeal:
    • Within 10 days of conviction.
    • With the South Dakota circuit court in the county where you originally contested your ticket.
  • Circuit court for felony charges, you'll need to file an appeal:
    • Within 30 days of conviction.
    • With the SD Supreme Court.
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Customer reply replied 7 months ago
If my daughter missed the 10 day cutoff, can she file another motion, motion to rehear, to reopen?
Traffic Lawyer: Olivia Kent, Attorney replied 7 months ago

She needs to contact the court at the link I sent you in order to schedule her court date. I'm sorry but are you not getting my messages? I've stated three times now that she needs to contact the court to have them essentially give her a do-over but I'm getting your questions about appeals which make me wonder whether you're getting my answers.

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Customer reply replied 7 months ago
She spoke to the circuit court clerk in Bennett County, and the clerk said there is nothing she can do. No appeal. No do-over.
Do you practice in SD?
Traffic Lawyer: Olivia Kent, Attorney replied 7 months ago

We're contractually not permitted to represent customers of the site.

That's very unusual. I would contact them again and state that you were told by numerous people that if someone accidentally misses a court appearance the court will grant them the opportunity to do it over.

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Traffic Lawyer: Olivia Kent, Attorney replied 7 months ago

Did she do it in person - speak to the court clerk? If not, I would do that. You may also wish to contact an attorney - I only tell people that as a last resort!

The best way to find one in SD would be to go to www.martindale.com.

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Customer reply replied 7 months ago
i've asked for a draft or sample of a notice of appeal, motion to reopen, motion to rehear in SD. You are not helping me with my request.
Traffic Lawyer: Olivia Kent, Attorney replied 7 months ago

I don't have a document - or documents - to give you so I will opt out of this question and open it to the rest of our experts. If anyone has samples for you they will respond.

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