mercredi 27 janvier 2016

Traffic Court Issues: Denied Due Process

My question involves a traffic ticket from the state of: Mississippi

I have a somewhat unique situation. I got a speeding ticket in a small town in Mississippi. The ticket stated to be at court on a certain date at a certain time. I left out early the morning of court (since I live in a neighboring state) ready to plead my case. On the way to court I got delayed because of a tree blocking the road. About 30 minutes before having to be in court I called the number on my ticket to let the court clerk know I would be about 5mins late. The lady in the clerk’s office informed me I did not have a court date and that my ticket was past due. She then said I had 30 days to pay the ticket and I hadn’t called ahead to sent up a court date. We went back and forth about the information on the ticket. I stated the ticket clearly says to “appear before this court to answer the charge on this day, at this time, and at this location (the courts physical location). Her argument was the small print at the bottom the ticket “note: contact the court to confirm the court date”. She also stated there was no court in cession for the day. I then said to her, I have 20 minutes until my time on the ticket and I would like to schedule a court date. She then said it was to late to request a court date since my ticket was past due. I was beyond puzzled.

I made to the court house only to find out they had issued a warrant and suspended my license. I was pretty much forced to pay the ticket and other fees. There was no one in the office that could give my a valid answer to any question I asked. Everyone in a position of authority was MIA.

My question is: Is there anything I can do to remedy this situation? I feel like I was denied my Due Process Rights. The first thing that came to mind was to file an Appeal. My understanding of an Appeal is you are requesting a review or the original court record and or transcript, thus no new evidence. And since I was never allowed to testify I have nothing on record. Is there a motion to have the judgement thrown out? Or is there a simple way to request a new trail?

I think my time is running out to do something so any help and/or advice would be greatly appreciated.

Thanks,


Traffic Court Issues: Denied Due Process

Aucun commentaire:

Enregistrer un commentaire