I am a delivery driver for Autozone and I got a speeding ticket for going 1-5 over because I was attempting to pass a woman who kept smashing her brakes in front of me. The police officer that wrote the ticket waited until I was about 3 miles away from where I was "speeding" at to give me a ticket and when I explained it to him he told me that maybe the judge would understand. I called the court after I went to the court and they were closed on presidents day. I was told to wait for a letter stating when I was to appear in court. I never received this letter to appear and my court date was missed. The only reason I know this is because I did receive a judgment and a fine. I drive for a living so I don't want points on my license and I don't want higher insurance considering Detroit has the highest insurance rates in the country. What can I do to get this reversed? I've already called the court back after leaving messages and never getting a response and they told me a bunch of things I couldn't really understand because the lady I spoke with sounded like she was annoyed that someone would call about getting screwed by them on purpose.
It really kind of depends upon how much money you want to throw at this problem, and then there is no guarantee that you will do better. You should speak with a criminal defense attorney in person to see if they think they can help you. Because you have been defaulted you have to file a motion to set aside the default and ask for a hearing on the matter. Gennerally you only have 14 days to do this from the notice of the judgment. If successful in this motion, you can then attempt to negotiate a better outcome with the prosecutor, and that is where your driving history becomes important--i.e. if it is bad they are less likely to give you a reduction. Good luck.
I would advise obtaining counsel to handle this matter for you. There is an avenue of redress that you have in order to take care of the outstanding default that you are currently faced with. In order to do such a thing you will need money for the ticket in order to post a bond, and then with that bond you will need to file a motion. Once that is done a hearing will be set and you will be able to then speak to the prosecutor about having it lowered or modified. I have dealt with the matters many times in the past, and they can be successful, but they need to be handled appropriately. Hopefully this helps answer your question. Best of luck to you.
Mr. Slais is correct. You're going to need to move to set aside the judgment, and you'll need to get moving on that quickly. Your best bet is to hire a local attorney who is familiar with the procedures (and perhaps the failures) of this particular court.
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