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View Full Version : legal question...loop hole out of a ticket???



chuck
05-22-2005, 09:25 PM
so i got this ticket around the end of april and i noticed that in regards to the court date the ticket reads "YOU ARE HEAREBY REQUIRED to be and appear personally at the MUNICIPAL COURT...blah blah blah...on the 25 day of MAY 20005 at 9:00 A.M. to respond..." (with the underlined parts being the blanks filled in my the accusing officer)

my question is do you think i would have any bs (legal and legit but bs) case in saying that my court date was scheduled for may 25th 20005?? my ticket is the transfer paper but it would have to say the same thing of the other copies of the ticket as well...it wasn't some serious offence either but if i could get out of the $150 fine then that would be really nice. if you guys do think if have anything to work on then how would any of you suggest going about bringing this up. i don't have money for a lawyer and the website of the accusing county says that they only offer public offenders for "certain serious offenses".

just looking for some opinions and words of wisdom, fire at will.

T-Mo Goodie
05-22-2005, 09:39 PM
nothing will work to get you out of it. stop trying. Thats a simple error. Anyone can see how that can be wrong.
Now a situation that I was in in Cayton Cty the officer wrote the wrong day. For instance it said Tuesday, May 23,...... (when the 23rd would have been a Monday) It was simple error and the court date was rescheduled. This was for my pitbull being loose in the neighborhood. It didn't do nothing for the $300 fine and $75 impound fee. LOL

chuck
05-22-2005, 10:28 PM
i know it is an error but a common approach and a legal approach are two different things...i'm basiclly trying to figure out if a cop gives you a court date and the date verbaly stated date is different than the written date which one am i held to??
i could understand how in your case it could have been different because may 23rd is may 23 either way you look at it....

i'm somewhat tempted to not go to court day may 25th 2005 and see what they do about it. i'd probably get a bench warrant put out for my arrest but i may enjoy the conversation with the judge something along the perfectly true and legal lines of:
them - you failed to appear may 25th 2005 at 9 am
me - i'm sorry i didn't know i was supposed to be here then, how was i ever to know
them - it said so on your ticket sir
me - could you please show me on the courts copy of the ticket where is says this?

...and then see what happens from here.




a good bit of the time if a small case gets a little hairy the judge will just drop it...i'm thinking maybe i can throw enough shit into the fan to get the case dropped all together.

Julio
05-22-2005, 10:32 PM
that shit would be funny if you don't show on your date though... hahahhahaha

RISKYB
05-22-2005, 11:29 PM
i was once wrote a ticket for a date feb 31 and since the ticket was so inacurate i got off, go and talk to a court official before then and they might let you off, but if they say they want to change the date say no, i will be in court in 20005 ike the ticket says,if they try to write another ticket to offset this one that would be illegal, double jepardy

Cool Cat Racing
05-22-2005, 11:37 PM
Its an irrelavant mistake. Go ahead and not show up, your the one who will get arrested. If they find out where you work they're more likely to show up there since there's a higher likelyhood you'll be there than at your house at a certain time. Either that or they'll pull you over and arrest you, then you get to pay impound fees to get your car back. Your excuse is retarded and they will not listen to you or think its funny. Grammatical errors are not enough to drop a case, its called common sense and they expect you to have at least a little.
Ryan

carrascopa
05-22-2005, 11:58 PM
I Doubt You Will Get Off!!! But Dont Go To Court And Let Us All Know What Happens

Jeff
05-23-2005, 12:19 AM
they arent gonna go to ur house or your job to find u for a simple ticket.. just dont get pulled over lol

Ruiner
05-23-2005, 12:30 AM
chuck, I would advise you to go to court on this one.

RandomGuy
05-23-2005, 12:58 AM
be hardcore, dont go! it says in plain english and go to court like a person who takes the bible and what not super-literally and speak in proverbial ass sentences and shit... make them feel that you're wierd as shit... then it may work?

try it heh... whats the worst that can happen?

chuck
05-23-2005, 02:00 PM
well i plan on pleaing not guilty, the ticket was for urinating in public, i was at the place everyone pisses about to piss and the officer rolls around the corner on his bicycle and says "go ahead and get me your liscence out sir, what makes you think you can pee in my bushes"
i say - sir i was not peeing in your bushes
him - <gets out flashlight and shines like 4 "stalls" down to a wet spot>: yes you did
me - could you do a test for me or something sir
him- what do you do? do you go to school, work, what?
me - i'm a full time student and work part time sir
him - how about you finish up school and get a real job and pay some taxes, come find me then and i'll do your test for ya, here is your ticket
me - thank you sir, is your badge number and name readable on the ticket
him - yes it is right ----<me - "thank you sir, you have a safe night now" then turn and walk away>----here


on the back on the ticket is says "If you want to plead 'Not Guilty' to an offense and ask for a trial, you must come to ******** ****** ****** Court on the date written on the accusation....blah blah blah"

so that would mean i wait until the date on the ticket???

chuck
05-23-2005, 02:04 PM
... whats the worst that can happen?

that's my main concern...i'm sure i would get a warrant unless the court records people saw the same mistake i did and said something about it before entering it into the computer (very unlikely). if they had a warrant out for me and i ever had my liscence run then they would know that i had an outstanding and would take me in regardless as to what i do, say or show.

BufordŽ
05-23-2005, 02:28 PM
When I got my first ticket ever, back in'01 (reckless driving) The officer didn't even put a court date on my ticket. So I thought may be I got off scott free. Even when my mother and I both called up there to find out my date, they couldn't find it. My lawyer was able to find out my court date, the day before I had to appear.

Ex_Vtec_Girl
05-23-2005, 03:48 PM
there's no way in hell you'll get out of that ticket over something like that...they would probably laugh in your face if you try. like somebody else already said, it's common sense!

just go to court, pay the fine & don't piss in public any more...seems pretty simple to me.

Julio
05-23-2005, 03:51 PM
pissing in public.... hahahahaha

chuck
05-23-2005, 05:29 PM
there's no way in hell you'll get out of that ticket over something like that...they would probably laugh in your face if you try. like somebody else already said, it's common sense!

just go to court, pay the fine & don't piss in public any more...seems pretty simple to me.

actually, in the judicial system we have, it is a very valid argument, sure it may be common sense but like someone else said, common sense thinking if different than legality and technicality....like if you get pulled over for a "DUI" and you jump out of the car and sit on the hood and down a bottle of vodka the cop CAN NOT give you a ticket for DUI, no matter how badly you may have been swerving or whatever...he can give you failure to maintain lane, crossing into the gord, obstruction flow of traffic, public intoxication...you name it, just about anything EXCEPT a DUI...its called a loop hole and thats what i'm looking for here...sure it may be common sense that the driver was drunk but there isn't shit the cop can do about it...

i plan on going to court to discuss this, i don't plan on paying the fine and i'll disregard your last comment because i didn't piss in puble in the first place so there an 'any more' if there wasn't one in the first place.

chuck
05-25-2005, 01:42 PM
....ok so i got to court around 8:30 this morning and spoke with the judge breifly. everyone with court was called into the court room, they started calling names for some people to go out to the hall to wait in line to give their plea..........AND THEN

some lady came in the court room and said "i need to speak with charles hannah (me)", i was thinking 'oh shit, i pissed them off now'...she took me out to the hall and said my case had been dropped and that i could leave.

yes sir, i rock AND roll, hahahahaha, and i saved $150

chuck
05-25-2005, 01:42 PM
there's no way in hell you'll get out of that ticket over something like that...they would probably laugh in your face if you try. like somebody else already said, it's common sense!

just go to court, pay the fine & don't piss in public any more...seems pretty simple to me.
what were you saying now??? (see above post also ;) )