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Wednesday, August 09, 2006

The Legal Fight

On 8/1/06, last Tuesday, I was pulled over for speeding (yes, AGAIN). Apparantly I was clocked at 34 mph in a 25 mph zone. The cop was very nice, and said he would give me a warning on the speeding, but that he would have to give me a ticket for not having proof of insurance in my car. (I had taken my insurance card out the DAY before and forgot it on my desk, no big deal, it's a "Fix It Ticket".)

He comes back to my car to say "Ma'am, did you know your license is suspended for Failure to Appear?"

OMG, NOOOO I did NOT know this and this is a mistake, I KNOW it.

So I ask him when the suspension went into effect and he states, "Just Today, 8/1/06". So, he gives me a ticket for driving with a suspended license (only) and I let him leave first, then I drive straight to one of the two court houses in town.

They tell me, "Nope, no warrants here, we did not tell the MVD to suspend your license."

So I drive to the 2nd courthouse where they tell me, "Nope, no warrants here, we did not tell the MVD to suspend your license."

Next, I drive to the MVD department where they tell me that my license was suspended due to a ticket that I received on 3/1/06. The SAME ticket that I paid on 4/20/06 after my license was suspended back in March, 2006. So, since all my paperwork was at home, and since it was almost 5pm, I had to wait until Wed, 8/2, to take my paperwork (PROOF that I had paid) back to the MVD.

On 8/2, Wed, I did just that. I took all my paperwork to the MVD and they proceeded to tell me that my license was NOT suspended due to the 3/1/06 ticket, but due to the fact that I never went to Traffic Survival School (due to the number of points on my record in the last year, WAY too many tickets in other words) So I ask her, "When was I notified by letter of the need to take the TSS class?" She responds, "The letter was sent 8/1/06".

Me: "Um, Yesterday???"
Her: "Well, um, yeah"
Me: "So, my license was suspended on the same day you sent the letter to me? Does this not sound wrong to you?"
Her: "Yeah, let me check with someone"
Her: "OK, looks like you were suspended yesterday, 8/1/06, due to your 3/1/06 ticket"
Me: "You mean the one I paid on 4/20/06 and have proof right here that I paid?"
Her: "Yes, that's the one. I can take your proof and mark it as paid but then you need to pay $35 for reinstating your license"
Me: "You mean I have to pay another $35, since I paid the $35 on 4/20/06, to reinstate my license because you guys suspended it in error on 8/1/06?"
Her: "Yes, unless you can get someone from the courthouse to call in and ask for a waiver"

Sigh.

So, after 2 days and 7 hours, I find myself at the first courthouse (AGAIN) and they called the MVD to let them know that there was no reason for the MVD to have my license as suspended when I paid my fines back in April.

So, I finally get the suspension lifted, without having to pay the $35, and everything is hunky dory.

Until I take the ticket to the 2nd courthouse:

Me: "This ticket was given to me in error, my license was never suspended, and I have proof from both the MVD and the [1st] courthouse that my license was not suspended. My court date is set for 8/28, but I will be out of the country on that date, can I take care of this now?"
Clerk: "So, are you pleading Not Guilty?"
Me: "Um, Yes, I WAS NOT Guilty, my license was suspended in error, but I have had the MVD correct it right away"
Clerk: "Let me show this to the judge, one moment please"

20 minutes later:

Clerk: "Since you're pleading Not Guilty you will need to set up an appointment with the County Prosecuter and explain it to him/her what's going on and then you'll have to set another court date"
Me: "But I gave you the proof that this ticket never should have been issued, it was a MVD error, it was not my fault, can't you just make the ticket go away?"
Clerk: "Nope, you're pleading Not Guilty which entitles you to a trial and a County Prosecuter must meet with you."

Sigh.

On my paperwork: "Since you are pleading Not Guilty you are allowing the County Prosecutor to PROVE that you are guilty. The burden will be placed on the prosecutor."

I cannot BELIEVE that they are WASTING our tax dollars like this when I have already presented PROOF that the MVD fucked up, NOT ME!!

Therefore, on 9/25/06, I will be showing up with my appointment with the County Prosecutor and will have him PROVE to the courts and to me that I am GUILTY.

I know that I am NOT. I have documented PROOF from both the MVD and the [1st] courthouse, so now, it's time for Tanya to get a little revenge and waste THEIR time since they've already wasted 10 hours of MY time, and that's not even counting the time that will be spent with the Prosecutor and in court.

Fuckers. They piss me off. I'm getting mad ALL over again, just typing this damn shit out.

Let the asshole PROVE me guilty, GOOD LUCK buddy since I already have PROOF that I'm NOT GUILTY. And I'm not going to give it to him either, I'm going to make him waste the court time, the county's tax dollars, etc. trying to FIND proof that I'm guilty.

Fuckers. I hate the legal system. I hate it and I fear it. I will let you all know what happens.

14 Comments:

Blogger Zetack said...

Let me say that I don't know anything about the laws in your state, but the Clerk of Court typically simply does not have the power to dismiss a criminal charge, even if its clearly a mistake.

The prosecuting attorney should have that authority. I'm not clear on whether your appointment is at the prosecuting attorney's office or in court. If its a court date you might consider stopping by the office on an earlier date to talk to one of the prosecuting attorneys (DA's in my state) when they may have more time to look at your paperwork then they would have in court.

8:09 AM  
Blogger "MissT74" said...

While I understand about the Clerk of the Court not having the power, you must have missed where I wrote that this was AFTER she took my paperwork/file TO the Judge on duty. The Judge then told HER to tell ME to make an appt to see the Prosecutor since I'm pleading NG.

I had to schedule it for September since I'm gone for the rest of August.

8:30 AM  
Blogger Chilly said...

Uh, you could just slow down, then you wouldn't need to deal with these people. I doubt the accumulated time saved due to speeding is > the time spent dealing with these fucknuts.

9:44 AM  
Blogger "MissT74" said...

Thanks Dad.

10:08 AM  
Blogger EC said...

EEK, sounds like someone is a bit stressed over this ;)

Well, I have no advice, just the general yep... I agree with Chilly :)

12:46 PM  
Blogger Proto said...

You are just getting caught way to often!

2:29 PM  
Blogger Zetack said...

Well, it's pretty unlikely that the judge has the power to dismiss your case either, unless its called in front of him, or one of the parties has made a motion. Again, I don't know the laws of your state, but in my state a judge certainly can't, and I would be very surprised if a judge had that authority where you live.

The only thing that gives me pause, is why then, would the clerk take your paperwork to the Judge. I suspect what happened is that the Clerk was trying to help you out, and despite their intimate familiarity with many of the workings of the court, the clerk isn't quite aware of all the limitations on the Judge's authority -- after all, when they're in court they seem to have all encompasing authority.

7:48 AM  
Blogger TripJax said...

That is quite ridiculous...

3:49 PM  
Blogger "MissT74" said...

I do get caught too often, and most of them all in the past year, LOL. Almost funny, really.

Oh well, it will all be resolved next month so no biggie anymore.

I've gotten over it, the post was mostly frustration from that day.

10:51 AM  
Blogger Ukgatsby said...

You need to either flutter eyelashes or stick a few dollars in their greasy palm.

Traffic Police are so thick sometimes, I once tried to beat the lights and was pulled over.

I was asked what came after Red, i said Amber, what comes after Amber - Green of course.
What comes after Green ?
"i dont know officer, ive normally fucked off by then"

how we laughed as he gave me the speeding ticket

nice blog
Paul

5:53 PM  
Blogger ohphuck said...

I created an account just to say.... I'm totally in your corner!!! In the imortal words of NWA "fuck tha police, fuck the police fuck em'" I was pulled over for doing 70 in a 55, the cop was a pussy and was hideing behind a tree, but the kicker is that 200 ft ahead of me on the hwy the speed limit goes up to 65 mph.... so if we were 200 feet ahead i would have gotten a $50 fine for 5 mph over the speed limit.
me: so, you sit here to make more $ huh?
cop: you gettin smart?
me: my mom always told me I was smart
..... cop walks off......
to top it all off i didn't have my ins. card.
cop: you have 4 days to respond to the address on the back
me:what?
cop: have a nice day mam'
$154.50 later, my license is prob suspended, I can't find a phone # on the ticket to ask how im supposed to "respond" i called 3 boroughs none if them can help me to tell me how to prove i DO have ins. and simply did not have my card w/ me...... so thats where we're at....... cops are fucks.... don't you piggys have anything better to do than hassel people??? charles manson said it best "the police used to watch over the people, now they're watching the people"

FUCK THA POLICE!!!!!!!

8:25 AM  
Blogger "MissT74" said...

Ohphuck,

Well, I wouldn't go THAT far, I mean they are here for us and I hear what you're saying and I feel ya, but I'm not all THAT vigilant. : )

8:38 AM  
Blogger ohphuck said...

as I seem to recall it, I don't think a police officer has ever been helpful to me, I had some punks throw some rocks through my window, called police
cops:we'll send an officer
..........11 hrs later called back told em to just 4-get it... not that they intended to send someone anyway.......
when I was 17 got rear ended, cop was across the street, I had to get out of my car walk across the street and tell him i was just in an accident, while this is going down the person who hit me pulled away..... did the cop give chase... nope..... I am literally almost killed once a week on the highway....any cop in sight.....nope, I have made several calls reporting agressive drivers.....any thing done????.....nope....... The ticket was just the last straw!!! I give up, they have proved time and time again that they are just useless $ grubbing piggys!!!!! this system as well as this country in totally fucked up!!
and what they did to you is inexcuseable!!!

9:35 AM  
Blogger "MissT74" said...

OK Baby, calm down. It's O. K.

: )

9:37 AM  

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