Missouri Ticket STILL PENDING

Discussion in 'Trucker Legal Advice' started by TruckerPete1990, Sep 30, 2022.

  1. TruckerPete1990

    TruckerPete1990 Road Train Member

    Jul 16, 2012
    Bentonville Arkansas
    Last year in Dec of 2021 i got a Ticket just outside St louis going towards IL for being in the left lane.. This ticket is STILL being reviewed by the Prosecuting Attorney... We are over 9 months Past this ticket.. When i try to call into the court house and talk to the Prosecuting Attorney i'm just told they won't talk to me and i will get a letter... How is this even legal to hold a left lane ticket over someone's head for so dang long? Worst part is i just moved and cant even update my address on file.. Best part i cant even track it online because its so old i have to go thru 4 other steps to even see it... Does anyone know how long they even have to Prosecute me before i can demand they dismiss this ticket?
    bzinger Thanks this.
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  3. ZVar

    ZVar Road Train Member

    Sep 10, 2010
    Flint, MI
    While I can't answer exactly when, I will say you'll find out how long they have the day before it's too late by getting a court date in the mail.
  4. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

    Jan 13, 2013
    SW Arkansas
    I would call RoadLaw or something like it and get them on it. You need to protect your CDL.
    bzinger and GoneButNotForgotten Thank this.

    DRTDEVL Road Train Member

    Jan 27, 2013
    Austin, MN
    In Strunk v United States (1973), there was a 10-month delay in prosecution and SCOTUS ruled that violated his 6th Amendment rights.

    There's your case law that can be used as an affirmative defense.

    Now go get you an attorney on retainer that will be ready to act the moment you are notified the DA wishes to move forward in the case. He can easily file a motion for dismissal based upon Strunk v United States 412 U.S. 434 (1973), United States v. Ewell, 383 U.S. 116 (1966), and Smith v. Hooey, 393 U.S. 374 (1969).
    bzinger Thanks this.
  6. SmallPackage

    SmallPackage Road Train Member

    Dec 20, 2019
    Marion Texas
    Sounds like they lost the ticket or information on it and don’t want to admit it and let it go. Maybe cop was fired for shadiness and all his tickets are on hold because they are under investigation. They will not tell you that. This happens from time to time in our area.
    bzinger Thanks this.
  7. Joyce's Volvo

    Joyce's Volvo Light Load Member

    Jun 28, 2016
    Well boys and girls , got one for you, truck was inspected ( older KW truck ) wrote up for defective wipers. Inspecting officer asked for wiper- driver turns on left wiper, it works fine, turns it off, turns on right wiper, works fine and turns it off, inspector says your wipers are defective. Driver explained that they are air wipers and have independent controls, the trooper was clueless as to what driver was trying to convey. Guess what? Wrote him anyway! Ain’t it great that the people inspecting you don’t know sh#t from apple butter !
    bzinger Thanks this.
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