Your thoughts on citation with glaring clerical error

Discussion in 'Experienced Truckers' Advice' started by Harry Hickory, Aug 9, 2021.

  1. Harry Hickory

    Harry Hickory Bobtail Member

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    Jul 16, 2013
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    I know nobody here is a lawyer. But I need your thoughts, please. I received a hefty overweight citation (almost $1500). I was given a window in which to go down to the courthouse and plead guilty or not guilty. (August 2nd to August 13th). I went down to the court house on the 3rd to plead not guilty, and I was told by the clerk that somebody else's name appears when she punches in my citation number.

    (yes, I had posted about this earlier, but there have been developments).

    She took my phone number and said she'd contact the point of entry and get a new citation number, and then call me.

    By the way this is a mandatory appearance ticket. I can't just pay it online.

    Today I called the courthouse. I talked to a clerk. I didn't give her any particulars about what happened last week. I just asked about the status of this citation. She punched the number in, and it is still coming up as this other person.

    I asked if this citation was outstanding. She said, no. It was paid in full on August 2nd and is closed. (it was a $200 fine, and was paid by some guy named Andy).

    So what would you do? If my $1500 citation number is coming up as being "case closed" should I say something to them? If nobody is going to call me back, maybe I should just let it go.

    On the other hand, my citation is a "court appearance required", and if I don't make an appearance (to plead guilty or not guilty) before August 13th, there will be a bench warrant put out for my arrest.

    I am taking a chance by ignoring it. But then again if pursue it, they may fix their error and the citation will be reissued under a new citation number.

    I am torn about what to do. I am leaning towards just ignoring it. If the clerk's office says this citation is closed. Then so be it. But it's a dangerous move.
     
    Last edited: Aug 9, 2021
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  3. roundhouse

    roundhouse Road Train Member

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    Is there a the court date on the citation ?

    if so, show up and talk to the clerk in the courtroom and appear before the judge.

    I wouldn’t ignore it .
     
  4. mpd240

    mpd240 Road Train Member

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    When they figure it out it will proceed as usual. You may get screwed if you ignore it. I would rather deal with it on my terms that have a dl get suspended for failure to appear or something like that when it’s on their time frame.
     
  5. Wasted Thyme

    Wasted Thyme Road Train Member

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    Easy. Call a traffic lawyer.
     
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  6. Chinatown

    Chinatown Road Train Member

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    The fine has already been paid by Andy.
     
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  7. N00bLaLoosh

    N00bLaLoosh Road Train Member

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    Show up in person as directed and present your citation. Take a book with you, you may be there for a bit.
     
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  8. Badmon

    Badmon Heavy Load Member

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    I agree with the general response here, you'd be taking a huge gamble skipping out on a court date...
     
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  9. Harry Hickory

    Harry Hickory Bobtail Member

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    Yes I need to appear between August 2nd and August 13th. There is a window. I showed up on the 3rd to plead not guilty and was told there was a problem with the citation number. She took down my number and said she'd contact the POE and call me with a new citation number. Nobody ever called.
     
  10. N00bLaLoosh

    N00bLaLoosh Road Train Member

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    Is this in North Carolina?
     
  11. roundhouse

    roundhouse Road Train Member

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    You need something in writing from the court.

    the clerk that’s too lazy to call you back isn’t the person that’s gonna be getting hassled or possible getting arrested on the side of the road for a failure to appear appear warrant .

    next time you go to the court, get the name of the clerk that you talk to .
     
    gentleroger and nredfor88 Thank this.
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