Speeding ticket fiasco. any insight?

[Skipholiday]

I have been fighting a speeding ticket in Alabama since 8/23/2011..
I was found guilty in municipal court and appealed to circuit court.

The ticketing officer quit the department in 2012 and did not show up at any of the court proceedings that were continually rescheduled.
My trial has been rescheduled 6 times in 2 years.

My last court date (July 2013) I show up and they ask me to come back the next day which I did.
I was waiting in the same courtroom as the previous day.

Court recessed and I went in the hall and seen the prosecutor,
He informed me that my trial was moved to another courtroom and since I did not show up in that courtroom my case had been remanded back to the city where the ticket originated.

Never was I told of a courtroom change, I went and spoke with the judge and he was less than polite and would not discuss my case any further besides saying it had been remanded.

Today after several months I receive in the mail a bill for the speeding ticket which I plead innocent to.

I've never heard of a case being remanded and did not know this was the same as guilty.

Any insight on how to proceed? They gave me 90 days to pay. The money is not the issue, I am innocent. The musical courtrooms was (I think) a trick to misguide me. This is a small town.

I would like to fight this further but have no idea how to continue. Any help would be appreciated.

Thanks

 

[Printer Bandit]

pay it and move on with your life.

 

[RedShirt]

If money is not a problem, lawyer up. Pay the fine and then sue them for the fine price, the time you have lost, and the cost of your lawyer.

 

[Skipholiday]

it frustrates me to pay for something that I am not guilty of. That is why I have fought it for this long. It's a matter of principle. I will contact an attorney to see what they say. I thought I had it won when the Police officer quit. thanks

 

[lxskllr]

Sounds like a sixth amendment violation.

Edit:
Actually, I'm not sure how that would work for an appeal. Still bullshit in any case. If they can't get the cop to come and testify against you, there is no case,

 

[Drako]

How much is the ticket?

 

[OILFIELDTRASH]

I admire your determination to not be screwed. I fought a ticket recently and won. Feels good man.

 

[Skipholiday]

How much is the ticket?

total is $219 city or origin $141 subpoena $48 Hist Fee $30 ?

 

[Skipholiday]

Sounds like a sixth amendment violation.

Edit:
Actually, I'm not sure how that would work for an appeal. Still bullshit in any case. If they can't get the cop to come and testify against you, there is no case,

this may help: 'The prosecution may not excessively delay the trial for its own advantage, but a trial may be delayed to secure the presence of an absent witness or other practical considerations'

thanks

 

[Drako]

total is $219 city or origin $141 subpoena $48 Hist Fee $30 ?

I've been in a similar situation twice when I was younger, and would have done the same thing you are doing now.

Being a bit older now, I would just pay it, and move on. The stress of dealing with bureaucrats and government union retards is just too much for me these days :biggrin:

Just pay and move on with your life.

 

[QuietDad]

The fact you screwed up by not being in the right court room when everyone else was shows your not familiar with that court system. If you really believe your innocent, you'll find a lawyer in the town the court is in to fight it for you. Welcome to small town politics.

 

[Captante]

Bear in mind that actual guilt/innocence isn't the real problem ... the only issue that matters is what you can prove & in a small town court that could present a problem.

Not sure about the law in Alabama but in NY the officer not showing up would have meant immediate dismissal.

 

[Drako]

Bear in mind that actual guilt/innocence isn't the real problem ... the only issue that matters is what you can prove & in a small town court that could present a problem.

Not sure about the law in Alabama but in NY the officer not showing up would have meant immediate dismissal.

That is generally for the first appearance, and does not apply to subsequent court dates. At least that's the way it is here in Kalifornia.

 

[Skipholiday]

I've been in a similar situation twice when I was younger, and would have done the same thing you are doing now.

Being a bit older now, I would just pay it, and move on. The stress of dealing with bureaucrats and government union retards is just too much for me these days :biggrin:

Just pay and move on with your life.

I'm 55 and retired from the Army. I have two sons and I'm not going to let them see me quit after fighting for this long. It would be no different if it was a more severe crime. Innocent is innocent. I now use autoguard which is like a black box for your car.

 

[Hugo Drax]

What is the maximum you are willing to pay in order to win.

You can get some higher end attorneys to win your case, but the question is what are you willing to pay out of pocket to achieve victory?

 

[FallenHero]

Interesting that it hasn't been dismissed despite lack of witness. Generally speaking, when an officer retires/quits, most of the tickets that officer has written get dismissed if anyone fights them because it is IMPOSSIBLE to get that officer to appear.

 

[Drako]

I'm 55 and retired from the Army. I have two sons and I'm not going to let them see me quit after fighting for this long. It would be no different if it was a more severe crime. Innocent is innocent. I now use autoguard which is like a black box for your car.

Haha, OK, we are of similar age. Just pay the ticket and move on.

Seriously, how much is your time worth to you?

 

[Skipholiday]

What is the maximum you are willing to pay in order to win.

You can get some higher end attorneys to win your case, but the question is what are you willing to pay out of pocket to achieve victory?

I'm not interested in buying innocence. I would pay a fair amount to win because I am innocent and my discovery request were denied and the officer quit.

 

[Skipholiday]

Haha, OK, we are of similar age. Just pay the ticket and move on.

Seriously, how much is your time worth to you?

indeed your correct but I am going to give it one more shot. Thank you

 

[Drako]

indeed your correct but I am going to give it one more shot. Thank you

Very good, I best of luck with it.

 

[Skipholiday]

Very good, I best of luck with it.

thanks for the insight

 

[Zodiark1593]

Haha, OK, we are of similar age. Just pay the ticket and move on.

Seriously, how much is your time worth to you?

If what the OP says is true, why should anyone have to pay up in this situation? This is flat out extortion, and I wholly support OP not paying for a crime he did not commit.

Where does the "innocent until proven otherwise" fit in to all of this anyhow?

 

[Skipholiday]

If what the OP says is true, why should anyone have to pay up in this situation? This is flat out extortion, and I wholly support OP not paying for a crime he did not commit.

Where does the "innocent until proven otherwise" fit in to all of this anyhow?

exactly. Thank you

 

[Drako]

Where does the "innocent until proven otherwise" fit in to all of this anyhow?

I agree.

He should continue to fight it. Do not pay the $219.00 at this time. Spend who knows how much more time and money. I'm sure it will be well worth it. :|

 

[Skipholiday]

I agree.

He should continue to fight it. Do not pay the $219.00 at this time. Spend who knows how much more time and money. I'm sure it will be well worth it. :|

What about the message for fairness? Will paying and moving on make it hard for innocent people to fight? This is the only ticket I have received in 20 years and it was given for meanness and not because of guilt. The officer was attempting to prove a point. He quit. I thought I won but no it continued until they tricked me with the courtroom swap. I'm slow but not ignorant.