attorney screwed up, missed court date, advice please

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

  1. rank

    rank Road Train Member

    9,919
    113,508
    Feb 11, 2010
    50 miles north of Rochester, NY
    0
    They can and probably will rescind any warrant if you get in touch with them. I had a similar situation although I can't remember the offense. It was a mix up anyway. I called them and they took the warrant off. I paid up within a few days IIRC.

    No I don't think he cared if you were texting or dialing. In fact, you pretty much told him you were guilty when you said you were dialing.

    IIRC, there is a sign as soon as I clear customs in Alex Bay that says cell phones are prohibited while driving. Sounds like you need a new headset. I have a Blue Parrot (the great big huge one that you see everywhere) with a 3 year old LG Vortex phone and it is one touch to voice dial.

    You will no doubt be found guilty (if you haven't already) but I think the Judge has the authority to reduce your fine if you explain how you didn't know and you are from out of state where the rules are different blah, blah, blah. Ask if there is any way he can reduce your fine. Show him your pay stubs and tell him truck drivers don't make any money......which is true.

    I've never met a prick judge. Only prick cops and prick prosecutors.
     
    Last edited: Nov 12, 2013
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. paul 1052

    paul 1052 Heavy Load Member

    899
    346
    Oct 9, 2010
    Sand Springs, Ok.
    0
    That depends, I have a buddy that was inspected by NY DOT and found out that his license was suspended ONLY in the state of NY for not paying a ticket like 10 years ago.... call Missouri to find out what the deal is with reciprocity.

    This was the first time in 30 years of driving I've heard of a license being suspended in only one state but I do trust the guy that it happened to.
     
  4. luthoro

    luthoro Light Load Member

    67
    20
    Nov 3, 2011
    All 48
    0
    The legal service Im enrolled in is the one my company recommended. This is a bunch of BS. Tried calling the court just a minute ago but of course nobody is answering the phone.

    I guess it might be time to find a local job where I'd never leave Missouri so I don't have to worry about this coming back to bite me. The pay cut will suck but at least I'll still be working and know I'd never have to go to NY again.
    *le sigh*
     
  5. ZVar

    ZVar Road Train Member

    10,911
    23,832
    Sep 10, 2010
    Flint, MI
    0
    Yea, cause the best thing to do is ignore it......

    Anyway, it's not even 9:00 yet. Call back during bankers hours and keep calling at different times.

    - Steven
     
  6. luthoro

    luthoro Light Load Member

    67
    20
    Nov 3, 2011
    All 48
    0
    I don't want to simply ignore it but I also can't afford to lose my career. My CDL is all I have, without it I'm back to being homeless and hungry. Most people don't know what thats like...I was homeless for an entire summer a few years back, going hungry and sleeping on park benches. I can't go back to that. At least if I find something local driving a daycab I'll still be working and know I'll never have to go to NY again.
     
    NavigatorWife Thanks this.
  7. luthoro

    luthoro Light Load Member

    67
    20
    Nov 3, 2011
    All 48
    0
    They are still not answering the phone. FML. Is there anything else I can do?
     
  8. rank

    rank Road Train Member

    9,919
    113,508
    Feb 11, 2010
    50 miles north of Rochester, NY
    0
    Relax man, this is not a big deal. I told you they might not answer the phone.

    Did you get a voice mail? They're usually in the office only a few hours a week. If there is a fax number on the ticket, then write them a nice letter and fax it. If there is no fax number on the ticket, try to google for it? If all else fails, give me the name of the court and I will make an effort to find the fax number.
     
  9. 77smartin

    77smartin Road Train Member

    2,183
    3,024
    Apr 3, 2011
    I dunno.
    0
    Do not do this. If you go to get an endorsement on your CDL or get another one when the current one expires...they will not let you until this is taken care of. All states share information now.
    Are you calling the CLERK of the court where this took place?
     
  10. luthoro

    luthoro Light Load Member

    67
    20
    Nov 3, 2011
    All 48
    0
    I already have the only endorsements I'll ever want, tank and HM. I have no desire to do doubles/triples. And my current license doesn't expire til June of 2018. Why would the state of Missouri give a crap if I owe the state of NY money? It doesn't effect MO's revenue in any way.

    I've been trying to call the court clerk, I've tried probably a dozen times today. They wont answer and its starting to piss me off...I can't fix this if I can't get someone on the phone. There might be a fax number on the ticket but its in the truck which is parked 20 miles from the house...I'll go get it later this afternoon and see if theres a fax number on it.
     
  11. 77smartin

    77smartin Road Train Member

    2,183
    3,024
    Apr 3, 2011
    I dunno.
    0
    State of MO gives a crap because the state of NY gives a crap...National Driver Register. Just trying to be helpful...it will come back to bite you...eventually. I had one from 15 years ago get me recently...15 YEARS!!
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.