Florida speeding/traffic ticket lawmy son received a ticket 10/9 for running a stop sign that was on the left hand side of the road. We went to the clerk of courts to set up a court date and she said it was not in the system, and they had 10 days to enter it. It is now 10/27. What does this mean and what should we do?
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She said there was an issue that had nothing to do with us, she made a copy of the ticket and asked us to write our phone number on it. Then said someone would call us. What does this mean? Attorney answers (3)
Your son will have to be given notice. That notice, if any, will give further instructions.
Check with a lawyer in your locale to discuss more of the details if you would like. http://www.avvo.com/legal-guides/ugc/how-to-cho... You might find my Legal Guide helpful " What Do I Tell My Lawyer" http://www.avvo.com/legal-guides/ugc/what-do-i-... Good luck to you. God bless. NOTE: This answer is made available by the non-FL lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed FL professional attorney that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. 1 person marked this answer as good
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It probably means that when they get the ticket, they will notify you. There is a possible problem however. You only have thirty days to ask for a hearing. If, the ticket is lost, and later appears, the clerk may file it without notifying you and your son could wind up with a suspended license. Normally, the cop has 5 days to get the tickets to the clerk, but if he takes longer, it still doesn't get dismissed. If it takes to long to be filed, a judge may find prejudice and dismiss it on an untimely filing, but don't bank on it. My advice is that you file a formal notice with the clerk that you want a hearing. All you have to do is write a letter requesting it. I suggest you send a copy of the ticket with the letter. Send it registered mail with a return receipt so you can prove it was done on time and the clerk got it. Then check back once a week for the next 180 days. After 180 days, they have to dismiss it on speedy trial grounds if it has been brought to court.
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In order to be held accountable, there needs to be a notice to appear with a specific time and place. simply calling you with a court date will be insufficient. April 9, 2009 is rapidly approaching so be aware that the glitch may be fixed, but do not fix it yourself.
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