View Full Version : Vacate judgement passed in another state
phantomdragon
Sep 7, 2010, 03:32 PM
I'm an Illinois resident, in Cook County, and recently temporarily moved to Owatonna Minnesota. I received a speeding ticket in Wisconsin and they passed a default judgement that I did not show up in court nor did I pay the ticket. Could I vacate this to a closer courthouse since the one in Wisconsin was way too far away to travel to? I need to take a traffic safety school course or get court supervision if it is offered out here. I can't really afford to have my license suspended for 2 years, so any help would be greatly appreciated.
smoothy
Sep 7, 2010, 03:55 PM
Sorry, it doesn't work that way... you were able to drive there to get the ticket. You can drive back to fight it. After all Jurisdiction is by county you get it... not state, and certainly NOT interstate. And NEVER the most convenient drive from your house.
Other people can do it... and most do... there is never an excuse to just not show up. I've once driven 5 hours one way to fight a ticket, spent several hours in court waiting my case to come up, then drove 5 hours back home.
Anyway... you lost the case... the story is over. You ALWAYS without exception, take time off whatever was so important that you did not go or as you find out, If you ar ein the hospital or jail, you get a lawyer to request a continuance or you pay the consequences for not showing up when you were required.
Are you sure you don't now have a bench warrant for your arrest issued against you in Wisconsin? That's what happens most other states when drivers blow off their court dates (try that in Virginia or Maryland and that's what will happen, Ive seen it many times). Particularly for charges serious enough that require your presence in court and don't offer a pay by mail option.
YOU have to conform to the law... this isn't high school, and its not your parents home. It's the real world, and you are not the center of the universe for the rest of the world.
I'm curious, what was so important you would blow off traffic court anyway? Or why didn't you pay it by mail if it was a minor infraction? Didn't want to miss a date with a girl, a TV show, dinner with mom?
Your chances to vacate a judgement on a no show case are essentually zero.
AK lawyer
Sep 7, 2010, 04:27 PM
... they passed a default judgement that I did not show up in court nor did I pay the ticket.
...
I need to take a traffic safety school course or get court supervision if it is offered out here. ...
Contact the Wisconsin court, by phone or letter, and find out what you have to do, and then do it. Pay the fine and take the course.
This is the 21st Century. Courses of that nature are available online, for a fee.
ScottGem
Sep 7, 2010, 05:21 PM
The only way to vacate a judgment is to show that the judgment was improperly obtained. Sounds like you just ignored a speeding ticket and are now suffering the consequences. Many states now have reciprocal arrangements where tickets in one state can impact your license in another.
Pay what you owe so your license can be released.
Fr_Chuck
Sep 7, 2010, 07:38 PM
Yes sorry, at this point there may be little to do. You disregarded a legal summons ( the ticket) and decided not to pay it. So in some areas they would have done a warrant ( would look good on that resume)
So best, hire an attorney in that local area and see if they can work out any deal. But expect a trip or two for sure going back now.