Court date changed by municipality w/ out notice

[John Leo]

I received a traffic ticket for running a red light in Gary, Indiana. I was given an court appearence date of Saturday May 27, 2000 at 9:00am. I appeared, but court was not in session for the memorial day weekend. The Gary police station is connected to the traffic court. I went in to ask where court was, they told me it was canceled for the day and gave me the phone number of the city clerk to call for a new date. When I got home that day(after already going to court) I had a notice to appear letter in the mail from the City of Gary with a new date. It was regular first class mail, not registered.

CAN THEY CHANGE YOUR COURT DATE WITHOUT GIVING YOU SOME KIND OF ADVANCED WARNING?

By the way, I was not the only one in this situation, I met four other people who did not receive a notice and appeared the same day as I did.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by John Leo:
I received a traffic ticket for running a red light in Gary, Indiana. I was given an court appearence date of Saturday May 27, 2000 at 9:00am. I appeared, but court was not in session for the memorial day weekend. The Gary police station is connected to the traffic court. I went in to ask where court was, they told me it was canceled for the day and gave me the phone number of the city clerk to call for a new date. When I got home that day(after already going to court) I had a notice to appear letter in the mail from the City of Gary with a new date. It was regular first class mail, not registered.

CAN THEY CHANGE YOUR COURT DATE WITHOUT GIVING YOU SOME KIND OF ADVANCED WARNING?

By the way, I was not the only one in this situation, I met four other people who did not receive a notice and appeared the same day as I did.<HR></BLOCKQUOTE>

My response:

No, absolutely not !! How rude! Those B*stards !! When you appear for your hearing, just tear the judge a new asshole. Scream and yell, make a stink, spit blood if you have to. You tell the judge that IAAL said he, and the whole bunch of "local yokels" are just a bunch of insensitive, Butch, b*stards! That'll teach 'em !

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited June 01, 2000).]

 

[John Leo]

I e~mailed you, SORRY, I didn't know I could respond this way. Anyway, I thought the question was pertinant to my situation. I was told (many years back) that if the officer who issues a ticket fails to appear in court, the ticket(case?) is dismissed.
Is this not the same thing in a sense?
If not, then the court can continually notify a person of a change in date on a notice to appear in court, after the court date, as is my situation.
And yes I am trying to find a way to get out of this ticket. I was going to go to court, accept supervision, pay the fine and go on. But now that I have been given a rescheduled date(I am to be on vcation in Florida on the date), I am whinning like a baby and trying to find a way out.
Any possibilities?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by John Leo:
I e~mailed you, SORRY, I didn't know I could respond this way. Anyway, I thought the question was pertinant to my situation. I was told (many years back) that if the officer who issues a ticket fails to appear in court, the ticket(case?) is dismissed.
Is this not the same thing in a sense?
If not, then the court can continually notify a person of a change in date on a notice to appear in court, after the court date, as is my situation.
And yes I am trying to find a way to get out of this ticket. I was going to go to court, accept supervision, pay the fine and go on. But now that I have been given a rescheduled date(I am to be on vcation in Florida on the date), I am whinning like a baby and trying to find a way out.
Any possibilities?<HR></BLOCKQUOTE>

My response:

You didn't e-mail me; you probably e-mailed the "moderator" of this site; the lovely Ms. Mary.

Anyway, it's still, good Constitutional law that when your accuser fails to appear in court, the case must be dismissed. However, that is not the case here.

A court can, without restraint, keep continuing a hearing on an "infraction." The court's calendar can be quite congested (like my nose tonight). So, call the court clerk and explain your situation and, perhaps they will continue the matter for your accomodation.

Thanks for writing.

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."