Are my unpaid traffis tickets able to be dismissed due to right to speedy trial?

Asked about 2 years ago - San Antonio, TX

I have unpaid tickets, that are the orginal violation along with FTA's and warrant fees added to them. Since the court issued a warrant should they not have come to serve me with those warrants? Instead I have a collection agency in Austin calling on behalf of the court, they said they didnt know where to find me its been 7 years but the adress on my license at the time is still my adress today, shouldnt someone have come to serve me? Is this a violation of speedy trial? or due dilagence? something? I know I am at fault for never going to court and ignoring them but I was not responsible then and I have recently started to grow up (at 46) and want to do something about them but I do not have the money to py them nor do I want to be arrested again for them either.

Attorney answers (2)

  1. Monetta Elaine Burgess

    Contributor Level 11

    Answered . In this situation, the courts are not required to serve you at your house with notice of the warrants. You were given notice of the court date when you received the citations, and the ticket should have had a note regarding a failure to appear being issued once you fail to show up for the initial court date.

    You can still work with the court(s) to resolve this matter. Depending on the court and the actual tickets, you may be able to be put on a payment plan. To better answer your questions though it would be helpful to know which courts your dealing with and what your citations are for.

    The Coquat Law Firm is based in San Antonio, Texas and answers questions on AVVO.com for general information... more
  2. Evan Edward Pierce-Jones

    Contributor Level 18

    Answered . Many Texas lawyers seem to believe that when the Texas Speedy Trial Act was tossed out by the courts about 25 years ago, the right to a speedy trial went away. That is not the case.

    There is a constitutional right to a speedy trial, and appeals courts in Texas have said that when it comes to misdemeanors, that the right to a speedy trial can be violated by an unexcused delay of even several months.

    However, it is not simply a matter of counting the months and then asking for a dismissal. If you were responsible for the delay, you could find that some or all of it is excused.

    This is a situation where you need to talk with a criminal defense lawyer who is familiar with speedy trial law as well as traffic ticket law.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No... more

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