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attorney screwed up, missed court date, advice please

Discussion in 'Trucker Legal Advice' started by luthoro, Nov 11, 2013.

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  1. Nov 11, 2013 #1
    luthoro

    luthoro Light Load Member

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    Admins, I didn't know what section to put this in so if this is the wrong place feel free to move it and i apologize.

    Long story short(er). About two and a half months ago in upstate NY I got stopped because the state cop saw my phone in my hand and thought I was texting. I had my bluetooth in my ear, and tried to explain that I was just dialing the number for the reciever so I could confirm my unloading appointment but he didn't believe me. I even showed him my call logs and text messages (most recent text was from several hours earlier) but he still ticketed me "using an electronic device...". Anyway, I'm enrolled in CDL Defender/US Legal Services so I called and gave em the info. Couple days later the attorney they assigned called me and told me I needed to send them a $20 money order so they could pull my MVR as required by the court. No big deal, I put it in the mail. Never heard from them since. I don't go home often. Today I got home for the first time in roughly two months and found that they returned my money order and said they couldn't pull my MVR even though I told the lady who called me that I have a Missouri license and she said it wouldn't be a problem. When I saw that I called them but they said there was nothing they could do. I yelled at them and said they should have called me about it but of course that doesn't help at this point. So now the court date has come and gone, and they never went and represented me like they were supposed to. Whats going to happen? Am I going to be arrested for failure to appear the next time I get stopped in NY? If thats the case I can just start carrying enough cash to bail myself out but I'd rather not deal with the headache especially since I could lose my job if the truck gets towed or the company finds out I got this ticket and didn't tell them about it. How can I fix this?
     
    luthoro, Nov 11, 2013
    luthoro, Nov 11, 2013
    #1
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  3. Nov 11, 2013 #2
    77smartin

    77smartin Road Train Member

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    I dunno.
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    Call NY, get in front of it real quick...and forget about blaming the legal service. NY wants your money and nothing else.
     
    77smartin, Nov 11, 2013
    77smartin, Nov 11, 2013
    #2
    chalupa, dannythetrucker and Skunk_Truck_2590 Thank this.
  4. Nov 11, 2013 #3
    chalupa

    chalupa Road Train Member

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    He's right, there's a warrant out for your arrest. Carry lots of cash ( resources ) and call the court E-PRONTO. You may be able to pay the full fine / costs and be done with it.

    You do know if your stopped and ran they will arrest you and tow the truck....right? I would stay out of there until resolved.

    JMO / Good luck
     
    chalupa, Nov 11, 2013
    chalupa, Nov 11, 2013
    #3
  5. Nov 11, 2013 #4
    missjhawk

    missjhawk Medium Load Member

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    you need to be on phone with that lawyer ASAP!!! call the cdl protector u have to because they are the 1 that hired him. you are taking the chance on your license being suspended with a no show its a possibility. then u are taking a chance with your job by not telling them. all your lawyer will have to do is set up another court date for your case. I have had a ticket, I hired a lawyer he didn't bother telling me I got found guilty. when I didn't pay fine they suspended my license. had a friend on police force she called and told me I had a warrant. I went and jumped on lawyer head. all he did was set up another court date he told the judge it was his fault and I didn't have to pay the failure to pay fine fee. HAVE U CALLED THE COURT HOUSE TO SEE WHERER THE TICKET STAND AND WHAT IS ATTACHED TO YOUR NAME. u maybe able to help yourself.
     
    missjhawk, Nov 11, 2013
    missjhawk, Nov 11, 2013
    #4
  7. Nov 11, 2013 #5
    rank

    rank Road Train Member

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    Call the court yourself tomorrow AM and tell them the story. Depending on the court they may or may not answer the phone. If they don't answer I would leave a message and then follow up with a fax explaining the whole deal. I have dealt with the NY courts a fair bit. They aren't as bad as the cops.

    Now I may be wrong on this (don't think so) but I am pretty sure it's illegal for a truck driver to use a hand held device in NY .....including dialing a hand held device.
     
    rank, Nov 11, 2013
    rank, Nov 11, 2013
    #5
    dog-c Thanks this.
  8. Nov 11, 2013 #6
    luthoro

    luthoro Light Load Member

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    The state of NY has the authority to suspend a Missouri drivers license!?? Well in that case I'm screwed. Wonderful. Will calling the court do any good if theres already a warrant out for my arrest?

    Thats a catch-22, I have a bluetooth hands-free device but I can't dial a number with it in order to make a call. In this case though he was just being a jerk, thought I was texting and completely ignored the fact that I showed him my call logs and text messages which proved that I was in fact only dialing a number.
     
    luthoro, Nov 11, 2013
    luthoro, Nov 11, 2013
    #6
  9. Nov 11, 2013 #7
    77smartin

    77smartin Road Train Member

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    I dunno.
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    Heck yeah calling the court will do something if you want this resolved. Gotta take the emotions out of it at this point and get this cleaned up. New York wants your money and you will eventually give it to them...I know all to well.
     
    77smartin, Nov 11, 2013
    77smartin, Nov 11, 2013
    #7
  10. Nov 11, 2013 #8
    baha

    baha Road Train Member

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    dis/able the tex,mes part of phone service by calling phone co.
     
    baha, Nov 11, 2013
    baha, Nov 11, 2013
    #8
  11. Nov 11, 2013 #9
    TripleSix

    TripleSix God of Roads

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    If I recall correctly, it is illegal for everyone, cars and trucks, to use a hand held while driving in New York. One more thing, double check your laws. Had words with a Minnesota cop who stated that it must be 1 touch answer.
     
    TripleSix, Nov 11, 2013
    TripleSix, Nov 11, 2013
    #9
    NavigatorWife Thanks this.
  12. Nov 11, 2013 #10
    J_FROG

    J_FROG Road Train Member

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    Sounds like your blue tooth is non compliant. Regs say you cannot push more than 1 button to make or receive calls. Hope all goes well..
     
    J_FROG, Nov 11, 2013
    J_FROG, Nov 11, 2013
    #10
    crb Thanks this.
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