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Posted: 7/8/2014 7:52:46 AM EDT
[#1]
It's certainly possible the officer forgot to turn it in. Won't say that happens all the time, but a lot more frequently than you'd expect. In my experience, the ticket is often dismissed on the court date as there's nothing filed. Not a certainty, as it's possible the officer will file it between now and then or depending on the judge, may allow the officer to file it day of.
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Posted: 7/8/2014 9:20:11 AM EDT
[#2]
If it was me, I'd go to court on the court date. The judge isn't out to get anyone. If it happens that there is nothing related to you, you'll be on your way and consider it a gift from the gun gods (aka - go buy gun stuff). But you don't want a bench warrant for failure to pay/appear due to a mistake.
Not legal advice, just what I'd do. |
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Posted: 7/8/2014 12:09:22 PM EDT
[#3]
Tickets are still entered into their system by hand. Sometimes they are way behind because of vacation scheduling and such. Don't ignore it, would be my advice. If it is a pre-pay, then the ticket will be in the system before your time.
ETA: Even if the judge dismisses your ticket, you are still liable for the state's court fees, which I believe are around $66/infraction and $91/misdemeanor now. Unless, there is no record of said ticket. |
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Posted: 7/8/2014 3:42:03 PM EDT
[#4]
Thanks everyone. I'm going to keep checking and go to the hearing if it isn't entered before then. Sucks having to take a day off from work but hopefully it will end up in my favor.
The clerk I spoke with told me the amount the ticket was going to be based on my speed over the limit and said I could go ahead and mail it in...right 
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Posted: 7/8/2014 4:41:52 PM EDT
[#5]
Quote HistoryQuoted:
Tickets are still entered into their system by hand. Sometimes they are way behind because of vacation scheduling and such. Don't ignore it, would be my advice. If it is a pre-pay, then the ticket will be in the system before your time. ETA: Even if the judge dismisses your ticket, you are still liable for the state's court fees, which I believe are around $66/infraction and $91/misdemeanor now. Unless, there is no record of said ticket. Mmmmmm. Don't think so. Never seen or heard of that happening. |
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Posted: 7/8/2014 4:58:48 PM EDT
[#6]
Either your name is on the docket or it is not. If it is not, go home.
That is what my lawyer told me 3 years ago in the same situation. |
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Posted: 7/8/2014 11:06:57 PM EDT
[#7]
Quote HistoryQuoted:
Mmmmmm. Don't think so. Never seen or heard of that happening. Quote HistoryQuoted:
Quoted:
Tickets are still entered into their system by hand. Sometimes they are way behind because of vacation scheduling and such. Don't ignore it, would be my advice. If it is a pre-pay, then the ticket will be in the system before your time. ETA: Even if the judge dismisses your ticket, you are still liable for the state's court fees, which I believe are around $66/infraction and $91/misdemeanor now. Unless, there is no record of said ticket. Mmmmmm. Don't think so. Never seen or heard of that happening. It can happen. Depends on what the judge says. I've seen it happen both ways. |
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Posted: 7/9/2014 4:38:29 AM EDT
[#8]
On another note, this was my first interaction with a police officer since I've gotten my conceal permit.
I have thought about it a lot and know I don't have to notify them I was carrying a firearm but after much thought I decided I would notify them if the interaction was caused by an infraction (aka speeding). I handed over my permit with my license, registration, and permit as soon as he came to the window. He asked where the firearm was and said just don't reach for it and thanked me. Very professional and not another word about it. |
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Posted: 7/9/2014 5:16:53 AM EDT
[#9]
Quote HistoryQuoted:
On another note, this was my first interaction with a police officer since I've gotten my conceal permit. I have thought about it a lot and know I don't have to notify them I was carrying a firearm but after much thought I decided I would notify them if the interaction was caused by an infraction (aka speeding). I handed over my permit with my license, registration, and permit as soon as he came to the window. He asked where the firearm was and said just don't reach for it and thanked me. Very professional and not another word about it. ALWAYS tell them you're carrying a firearm during a traffic stop. They won't care, but you don't want them to find out on their own - permit or not. Trust me. |
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Posted: 7/9/2014 5:20:05 AM EDT
[#10]
Quote HistoryQuoted: ALWAYS tell them you're carrying a firearm during a traffic stop. They won't care, but you don't want them to find out on their own - permit or not. Trust me. Quote HistoryQuoted: Quoted: On another note, this was my first interaction with a police officer since I've gotten my conceal permit. I have thought about it a lot and know I don't have to notify them I was carrying a firearm but after much thought I decided I would notify them if the interaction was caused by an infraction (aka speeding). I handed over my permit with my license, registration, and permit as soon as he came to the window. He asked where the firearm was and said just don't reach for it and thanked me. Very professional and not another word about it. ALWAYS tell them you're carrying a firearm during a traffic stop. They won't care, but you don't want them to find out on their own - permit or not. Trust me. I take the opposite approach. I have never told them, and I never will, unless I think it is somehow relevant to the interaction I'm having with them. |
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Posted: 7/9/2014 5:24:38 AM EDT
[#11]
Quote HistoryQuoted:
I take the opposite approach. I have never told them, and I never will, unless I think it is somehow relevant to the interaction I'm having with them. Quote HistoryQuoted:
Quoted:
Quoted:
On another note, this was my first interaction with a police officer since I've gotten my conceal permit. I have thought about it a lot and know I don't have to notify them I was carrying a firearm but after much thought I decided I would notify them if the interaction was caused by an infraction (aka speeding). I handed over my permit with my license, registration, and permit as soon as he came to the window. He asked where the firearm was and said just don't reach for it and thanked me. Very professional and not another word about it. ALWAYS tell them you're carrying a firearm during a traffic stop. They won't care, but you don't want them to find out on their own - permit or not. Trust me. I take the opposite approach. I have never told them, and I never will, unless I think it is somehow relevant to the interaction I'm having with them. To each their own. |
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Posted: 7/9/2014 6:02:55 AM EDT
[#12]
Quote HistoryQuoted:
I take the opposite approach. I have never told them, and I never will, unless I think it is somehow relevant to the interaction I'm having with them. I'm in this boat as well. |
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Posted: 7/9/2014 9:44:28 AM EDT
[#13]
Either it hasn't been put into the system yet, your name is horribly mangled due to bad handwriting, or the officer lost/forgot it. If say show up to court unless it pops up on the system. If it's been lost/forgotten you stand a good chance of the officer not showing up or not having his copy and thereby it being dismissed.
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Posted: 7/9/2014 9:55:10 AM EDT
[#14]
How much money is your time worth to show up in court?
Vacation time? They might even return the check if the have no record of the ticket (though do not count on it). |
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Posted: 7/9/2014 10:13:39 AM EDT
[#15]
Quote HistoryQuoted:
Mmmmmm. Don't think so. Never seen or heard of that happening. Quote HistoryQuoted:
Quoted:
Tickets are still entered into their system by hand. Sometimes they are way behind because of vacation scheduling and such. Don't ignore it, would be my advice. If it is a pre-pay, then the ticket will be in the system before your time. ETA: Even if the judge dismisses your ticket, you are still liable for the state's court fees, which I believe are around $66/infraction and $91/misdemeanor now. Unless, there is no record of said ticket. Mmmmmm. Don't think so. Never seen or heard of that happening. Just wanted to clear this up... if the Judge dismisses the infraction, after you serve community service or going to traffic school, you still owe for the original court date. Nothing owed for the return date. |
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Posted: 7/9/2014 11:57:16 AM EDT
[#16]
I don't lose money missing work so it is just the fact that it is PITA to get out there (about 40 min from the house) and kill an afternoon.
The $150 fine isn't that big of a deal by itself but higher insurance premiums will suck. I'll probably head out there and play dumb if it hasn't resolved itself by then. |
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Posted: 7/9/2014 12:11:09 PM EDT
[#17]
Quote HistoryQuoted:
I don't lose money missing work so it is just the fact that it is PITA to get out there (about 40 min from the house) and kill an afternoon. The $150 fine isn't that big of a deal by itself but higher insurance premiums will suck. I'll probably head out there and play dumb if it hasn't resolved itself by then. Just sit quietly in the back. If you go up to the clerk and ask about it they may photocopy your copy and throw it on the docket (seen it done). |
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Posted: 7/9/2014 12:52:28 PM EDT
[#18]
Quote HistoryQuoted:
It can happen. Depends on what the judge says. I've seen it happen both ways. Quote HistoryQuoted:
Quoted:
Quoted:
ETA: Even if the judge dismisses your ticket, you are still liable for the state's court fees, which I believe are around $66/infraction and $91/misdemeanor now. Unless, there is no record of said ticket. Mmmmmm. Don't think so. Never seen or heard of that happening. It can happen. Depends on what the judge says. I've seen it happen both ways. My wife was in an auto accident last year and she was ticketed for failure to yield. When she went before the judge in Charlottesville she explained what she thought happened and the judge dismissed the ticket. She wasn't asked to pay any fee/s. |
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Posted: 7/9/2014 1:09:45 PM EDT
[#19]
Quote HistoryQuoted:
I'm in this boat as well. Quote HistoryQuoted:
Quoted:
I take the opposite approach. I have never told them, and I never will, unless I think it is somehow relevant to the interaction I'm having with them. I'm in this boat as well. Agreed. I didn't make the rules, I just exercise my options under them. |
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Posted: 7/9/2014 1:36:21 PM EDT
[#20]
Quote HistoryQuoted:
My wife was in an auto accident last year and she was ticketed for failure to yield. When she went before the judge in Charlottesville she explained what she thought happened and the judge dismissed the ticket. She wasn't asked to pay any fee/s. Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
ETA: Even if the judge dismisses your ticket, you are still liable for the state's court fees, which I believe are around $66/infraction and $91/misdemeanor now. Unless, there is no record of said ticket. Mmmmmm. Don't think so. Never seen or heard of that happening. It can happen. Depends on what the judge says. I've seen it happen both ways. My wife was in an auto accident last year and she was ticketed for failure to yield. When she went before the judge in Charlottesville she explained what she thought happened and the judge dismissed the ticket. She wasn't asked to pay any fee/s. Where I've seen it is usually with fix-it tickets. Defective equipment, tint, etc. You bring proof that you've complied with the law, the judge can dismiss the original charge, but he often will make you pay court costs. |
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Posted: 7/10/2014 3:45:49 AM EDT
[#21]
Quote HistoryQuoted:
Where I've seen it is usually with fix-it tickets. Defective equipment, tint, etc. You bring proof that you've complied with the law, the judge can dismiss the original charge, but he often will make you pay court costs. That's the "you're probably guilty but we're cutting you a break" dismissal. Same deal with getting traffic school for a moving violation - the charge is dismissed so you don't get any points on your license, but the "deal" is that you pay court costs. |
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Posted: 7/10/2014 4:25:39 AM EDT
[#22]
My concern with this is that it still feels outstanding and lingering over my head. Is there anyway for the officer to file the paperwork after the hearing date?
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Posted: 7/10/2014 5:08:26 AM EDT
[#23]
Quote HistoryQuoted:
My concern with this is that it still feels outstanding and lingering over my head. Is there anyway for the officer to file the paperwork after the hearing date? A new hearing data would be set. Are you really feeling that lucky to risk a 'no show' and the likely bench warrant? |
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Posted: 7/10/2014 5:28:30 AM EDT
[#24]
Quote HistoryQuoted:
A new hearing data would be set. Are you really feeling that lucky to risk a 'no show' and the likely bench warrant? Quote HistoryQuoted:
Quoted:
My concern with this is that it still feels outstanding and lingering over my head. Is there anyway for the officer to file the paperwork after the hearing date? A new hearing data would be set. Are you really feeling that lucky to risk a 'no show' and the likely bench warrant? Wouldn't they just find him guilty in absentia, and then make him pay the fine/costs within 30 days (or else DMV gets notified and he gets suspended)? Do GDC judges really issue a capias if you don't show up for a traffic infraction? I don't think that's the normal practice, though I'm not saying it couldn't happen (because they are allowed to do that). And he could also just appeal to Circuit no matter what. All that said ... I'd still show up. GDC can be a disorganized place, and that summons might not get "filed" until 5 minutes before the docket begins. |
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Posted: 7/10/2014 7:07:47 AM EDT
[#25]
Quote HistoryQuoted:
Wouldn't they just find him guilty in absentia, and then make him pay the fine/costs within 30 days (or else DMV gets notified and he gets suspended)? Do GDC judges really issue a capias if you don't show up for a traffic infraction? I don't think that's the normal practice, though I'm not saying it couldn't happen (because they are allowed to do that). And he could also just appeal to Circuit no matter what. All that said ... I'd still show up. GDC can be a disorganized place, and that summons might not get "filed" until 5 minutes before the docket begins. Quote HistoryQuoted:
Quoted:
Quoted:
My concern with this is that it still feels outstanding and lingering over my head. Is there anyway for the officer to file the paperwork after the hearing date? A new hearing data would be set. Are you really feeling that lucky to risk a 'no show' and the likely bench warrant? Wouldn't they just find him guilty in absentia, and then make him pay the fine/costs within 30 days (or else DMV gets notified and he gets suspended)? Do GDC judges really issue a capias if you don't show up for a traffic infraction? I don't think that's the normal practice, though I'm not saying it couldn't happen (because they are allowed to do that). And he could also just appeal to Circuit no matter what. All that said ... I'd still show up. GDC can be a disorganized place, and that summons might not get "filed" until 5 minutes before the docket begins. In my experience, if one fails to show up on a traffic infraction and the officer is present, they are tried in absence, found guilty, hit with the fine, costs, and TIA fee. If it's a jailable offense or the officer no shows a capias might be issued. The only time I really see a capias issued for a non jailable is a drunk in public and that's because the officer is not there at arraignment so the defendant can be tried. |
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Posted: 7/10/2014 8:35:11 AM EDT
[#26]
Oh I'll be there. No doubt about that...
The question is what do I do if they don't call my name? Ask the clerk what is up? or Leave |
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Posted: 7/10/2014 10:43:44 AM EDT
[#27]
Quote HistoryQuoted:
Oh I'll be there. No doubt about that... The question is what do I do if they don't call my name? Ask the clerk what is up? or Leave If they don't call your name, wait till the judge steps off the bench, schlep over to the clerks office and then ask. |
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Posted: 7/10/2014 10:54:20 AM EDT
[#28]
Thanks. That's the plan!
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Posted: 7/11/2014 11:18:40 PM EDT
[#29]
Quote HistoryQuoted:
In my experience, if one fails to show up on a traffic infraction and the officer is present, they are tried in absence, found guilty, hit with the fine, costs, and TIA fee. If it's a jailable offense or the officer no shows a capias might be issued. The only time I really see a capias issued for a non jailable is a drunk in public and that's because the officer is not there at arraignment so the defendant can be tried. Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
My concern with this is that it still feels outstanding and lingering over my head. Is there anyway for the officer to file the paperwork after the hearing date? A new hearing data would be set. Are you really feeling that lucky to risk a 'no show' and the likely bench warrant? Wouldn't they just find him guilty in absentia, and then make him pay the fine/costs within 30 days (or else DMV gets notified and he gets suspended)? Do GDC judges really issue a capias if you don't show up for a traffic infraction? I don't think that's the normal practice, though I'm not saying it couldn't happen (because they are allowed to do that). And he could also just appeal to Circuit no matter what. All that said ... I'd still show up. GDC can be a disorganized place, and that summons might not get "filed" until 5 minutes before the docket begins. In my experience, if one fails to show up on a traffic infraction and the officer is present, they are tried in absence, found guilty, hit with the fine, costs, and TIA fee. If it's a jailable offense or the officer no shows a capias might be issued. The only time I really see a capias issued for a non jailable is a drunk in public and that's because the officer is not there at arraignment so the defendant can be tried. This has been my experience as well. |
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