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I was never issued the actual ticket

Tacoma, WA |

I was pulled over last year for a headlamp out. I thought the officer was going to issue a ticket (I'm pretty sure I signed something). But when the officer returned my license he did not give me a ticket. As he walked away, I called back asking if I was free to go. He said yes. I was a bit confused.. I never received anything in the mail. I went to the DMV to renew my license and learned my license has been suspended since last Aug. I called the court clerk and it was due to this unpaid ticket. It is now in collections (for an amount I'm not able to pay). The clerk said I could write the judge asking him to recall it and whatever else I wanted (court date). What is my defense here? What are the chances of having it recalled and getting a court day now? TIA

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Attorney answers 2

Best Answer
Posted

Due process requires that you receive notice of your right to request a hearing to contest the violation. For this reason the judge should pull the ticket from collections and give you a hearing.

Don't try to do this yourself. A good infraction attorney might cost a lot less than what the collection agency wants.

This answer is my personal opinion, offered for informational purposes only. It is not a legal opinion, nor is it legal advice, nor does it create an attorney-client relationship with anyone reading it.

Asker

Posted

Thank you so much, Linda. I will check into this. It makes no sense that the collection is so high (nevermind that I feel cheated out of my right to a hearing).

Posted

Look, it is an equipment violation. Just pay it because there will be no points on your license and no insurance implications. Otherwise, you will have to retain a lawyer to make a motion to vacate which will be more costly and time consuming. Until this is cleared up you are driving on a suspended license which is a crime. If you are caught and think the headlight ticket is bad wait until you see the fines for that one.

Asker

Posted

Thanks for responding. The dunning letter is for almost $900. I can't just pay it. Maybe the CA is jacking it up. Idk. . I've never actually seen the ticket. I can call the clerk and get a copy? I will do that on Monday.

Asker

Posted

One more comment. I have a sibling who is an attorney (different area of practice) that would help walk me through a motion to vacate if need be. Would that be the other option?

Michael J Palumbo

Michael J Palumbo

Posted

There is no other option you need to move the court to vacate the default conviction.

Asker

Posted

Thanks, Michael.

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