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-   -   Court messed up my name, whats my play? (http://archives1.twoplustwo.com/showthread.php?t=539487)

Hendricks433 11-06-2007 03:40 AM

Court messed up my name, whats my play?
 
So I moved to cali from michigan a the beginning of june. I got a ticket like a month and a half after I got here for speeding. Well about 2 months ago I called the court to deal with it and they look up my name and cant find anything under my name. I had gotten the ticket with my michigan license and since then have gotten my cali license. She tells me that Ill probably get something in 3-4 weeks in the mail because the officer has to refile or something. So its been abot 2 months and I get a letter from the court, its a 2nd notice that I owe a $300 fee on top of the ticket and I have to pay within 72 hours or its going to a collection agency. Also they put a hold on my license. Heres the problem. They have the wrong name. They have a different first letter on my last name. So I plan on calling the court tomorrow morning, but what happens if they have the wrong last name? Im assuming she couldnt find anything under my name when I called 2 months ago because they have it under the wroing name.

selurah 11-06-2007 03:44 AM

Re: Court messed up my name, whats my play?
 
Meathead instinct: Tell them to [censored] off and don't pay.

Common Sense instinct: Just pay it so you don't have to worry about it.

Not sure which route I would take. Prolly would depend on my mood that week.

kindergartencop 11-06-2007 04:05 AM

Re: Court messed up my name, whats my play?
 
not your name? sounds like its not your ticket.

Hendricks433 11-06-2007 04:37 AM

Re: Court messed up my name, whats my play?
 
[ QUOTE ]
not your name? sounds like its not your ticket.

[/ QUOTE ] that simple? also Im moving back to Michigan in march, probably for a very long time, not sure when Ill be back in cali again.

swingdoc 11-06-2007 07:30 AM

Re: Court messed up my name, whats my play?
 
The possible collection agency is the thing to worry about, not California. Call, explain that you go this letter, that the name is similar to yours but not you. Go from there.

SamIAm 11-06-2007 08:47 AM

Re: Court messed up my name, whats my play?
 
Did they have your drivers license number? I think that'd be strong enough to show that it's your ticket.

Lazy Meatball 11-06-2007 10:50 AM

Re: Court messed up my name, whats my play?
 
ask to appeal in court, claim innocence on the fact that the ticket is not issued to the defendant, profit.

my friend got out of a ticket when the officer filled in my last name for his town in the address. He claimed the officer was negligent.

otnemem 11-06-2007 11:03 AM

Re: Court messed up my name, whats my play?
 
What's most important is what's on the actual ticket. If they misspelled your name on the actual ticket, you can likely get out of it by pleading not-guilty and going in front of a judge. If they spelled your name correctly on the ticket, I'd pay it, but try to get the fees reduced due to the situation.

Bostaevski 11-06-2007 11:36 AM

Re: Court messed up my name, whats my play?
 
Does it piss you off when a rapist gets off on a technicality?

-zero- 11-06-2007 11:50 AM

Re: Court messed up my name, whats my play?
 
[ QUOTE ]
Does it piss you off when a rapist gets off on a technicality?

[/ QUOTE ]

Yup, this is the exact same thing.

Henry17 11-06-2007 12:02 PM

Re: Court messed up my name, whats my play?
 
1) That there is an error on the letter doesn't mean that there is an error on the ticket. As Otnemem pointed out what matter is what is on the ticket itself.

2) Assuming there is an error on the ticket it is not certain that this is a material error so the ticket might still be valid if the rest of the information is correct. What constitutes a material error is jurisdiction dependent.

3) Even if there is a material error at this point if you are getting 2nd notices and additional fees you have already been convicted. It would have been a lot easier to contest the ticket before a conviction was entered. Now that a conviction has been entered contesting it would be more effort then it is worth.

eMbAh 11-06-2007 01:19 PM

Re: Court messed up my name, whats my play?
 
check raise all-in imo

Tony_P 11-06-2007 02:14 PM

Re: Court messed up my name, whats my play?
 
in most states moving violations cannot be dismissed for spelling errors like parking violations can. pay it

Hendricks433 11-06-2007 02:44 PM

Re: Court messed up my name, whats my play?
 
[ QUOTE ]
in most states moving violations cannot be dismissed for spelling errors like parking violations can. pay it

[/ QUOTE ] well I called the collection agency and they have nothing under my name.

Fast Food Knight 11-06-2007 02:46 PM

Re: Court messed up my name, whats my play?
 
[ QUOTE ]
[ QUOTE ]
in most states moving violations cannot be dismissed for spelling errors like parking violations can. pay it

[/ QUOTE ] well I called the collection agency and they have nothing under my name.

[/ QUOTE ]


Yet. Don't f*ck up your credit over a few hundred dollars.

Hendricks433 11-06-2007 02:47 PM

Re: Court messed up my name, whats my play?
 
[ QUOTE ]
Yet. Don't f*ck up your credit over a few hundred dollars.


[/ QUOTE ] how can it mess up my credit if its not my name?

Fast Food Knight 11-06-2007 02:49 PM

Re: Court messed up my name, whats my play?
 
Your driver's license number, which they have, is linked to your social security number. Someone correct me?

poorolrich 11-06-2007 03:08 PM

Re: Court messed up my name, whats my play?
 
Well, if the original ticket is under the right name and when they do turn it over to a collection agency what makes you think that it won't be under your correct name. Also, why????? do you think you can take care of this over the PHONE????? I would be down there in a heartbeat if I was in this situation.

Tony_P 11-06-2007 03:30 PM

Re: Court messed up my name, whats my play?
 
[ QUOTE ]
[ QUOTE ]
Yet. Don't f*ck up your credit over a few hundred dollars.


[/ QUOTE ] how can it mess up my credit if its not my name?

[/ QUOTE ]

Even if it's the wrong name on the ticket, all that usually needs to be done is for the officer to wrote it to confirm he did indeed issue it to you (you're real name being obtained from DMV records)

Henry17 11-06-2007 03:37 PM

Re: Court messed up my name, whats my play?
 
In most jurisdictions what will happen is that your driver's licence will be suspended. I think you already stated that yours was in your OP. When you get pulled over then you'll be charged with driving while under suspicion.

If you never get pulled over eventually you'll still need to renew your licence at some point and they will refuse to renew it while you have fines outstanding.

splashpot 11-06-2007 03:47 PM

Re: Court messed up my name, whats my play?
 
I got a ticket and the officer wrote my father's name on the ticket (mistakenly got his name from the registration) but my b-day, everything else, etc. I went to court, told them the truth and that was enough to void the ticket.

I have no idea what my experience suggests about the situation at hand.

Hendricks433 11-06-2007 03:51 PM

Re: Court messed up my name, whats my play?
 
[ QUOTE ]
I got a ticket and the officer wrote my father's name on the ticket (mistakenly got his name from the registration) but my b-day, everything else, etc. I went to court, told them the truth and that was enough to void the ticket.

I have no idea what my experience suggests about the situation at hand.

[/ QUOTE ] I guess Ill drive up there tomorrow and try and sort it out.

VeryTnA 11-06-2007 04:08 PM

Re: Court messed up my name, whats my play?
 
[ QUOTE ]
I guess Ill drive up there tomorrow and try and sort it out.

[/ QUOTE ]

This will be a trip report I can't wait to read!

MicroBob 11-06-2007 04:24 PM

Re: Court messed up my name, whats my play?
 
I had a situation where they couldn't find my ticket when I called. They told me he was probably delayed in turning it in and to call back 2-3 wks later. I did. They still didn't have it. 2-3 wks later they still didn't have it.

Okay, so I forgot about it.

Then got a notice several months later to appear in court for the unpaid ticket. WTF? I had tried calling them a bunch of times already.

So I show up in court and want to explain but the judge cuts me off thinking I'm going to give some lame excuse about how I didn't see the sign or something.
Then she says, "Wait, this ticket is from last March?" It was now November or something.
So I interject, "Yes. I had called 3 or 4 different times over 2-3 months to try to pay it but every time I called they were unable to find the ticket. And then over 6 months later I got this letter in the mail to show up here."

Somehow they let me go without paying anything because the delay wasn't my fault and it was now necessary for the officer to file something else after that length of time which he never did.

Something like that anyway.

Hendricks433 11-06-2007 05:18 PM

Re: Court messed up my name, whats my play?
 
[ QUOTE ]
I had a situation where they couldn't find my ticket when I called. They told me he was probably delayed in turning it in and to call back 2-3 wks later. I did. They still didn't have it. 2-3 wks later they still didn't have it.

Okay, so I forgot about it.

Then got a notice several months later to appear in court for the unpaid ticket. WTF? I had tried calling them a bunch of times already.

So I show up in court and want to explain but the judge cuts me off thinking I'm going to give some lame excuse about how I didn't see the sign or something.
Then she says, "Wait, this ticket is from last March?" It was now November or something.
So I interject, "Yes. I had called 3 or 4 different times over 2-3 months to try to pay it but every time I called they were unable to find the ticket. And then over 6 months later I got this letter in the mail to show up here."

Somehow they let me go without paying anything because the delay wasn't my fault and it was now necessary for the officer to file something else after that length of time which he never did.

Something like that anyway.


[/ QUOTE ] this is very much like my situation.

Dale Dough 11-06-2007 08:57 PM

Re: Court messed up my name, whats my play?
 
WTF?

- You get pulled over and get a ticket. You are supposed to get something in the mail about it later, but don't, so you call them.
- They tell you there was some screwup on their part and you will get a new letter in a few weeks.
- This new letter never arrives, but the [censored] want you to pay $300 extra because you didn't pay the first time.

I would be so pissed off right now.


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