[breal]

I really can use some good advises here...
I got a ticket for traffic violation on late November last yr. it was basically moving violation... I was only trying to avoid collision with two cars racing on freeway onlamp by beliefly entering the carpool lane. But with my luck, uniform had to be at the scene witnessing all that. What really got me frustrated was that officer didn't try to catch those two racers... instead came after me who was just trying to avoid the accident about to happen.

On the citation, my court date was set for mid December, but I didn't make it 'cause I had 2 final exams on that day. Now, I just went to court today and the judge charge me with 1 count of traffic violation and 1 count of misdemeanor (bench warrant) for failed to appear in court on designated date.

I was going to fight the citation 'cause I feel like I am being victimized by the system. But I didn't even get chance to do that. I had DUI about a year ago, think that has anything to do with judge's decision?

Is there any way I can re-appear or peptition this to court? Judge already ruled, so I don't know if I can fight this or not. At this point, I don't mind paying for the citation (eventhough I still don't believe I did anything wrong)... I just don't want another misdemeanor on my record.

What a way to start a new year~~:( someone help me PLEASE~~~~

[CaptainForest]

Yes, you should fight the moving violation charge.

If the officer doesn't show up to court, you can get the charge dismissed.

If he does show up, ask him questions. As you said, he saw everything so he knew that you were just trying to move to avoid those 2 cars. I don't see how you could be charged for that.

As for the misdemeanor (bench warrant) for not showing up in court. You can ask foe that charge to be removed, but they might not agree. If you had 2 final exams, why not ask for a continuous? And don't universities let students out of or delay writing their final exams if there are extenuating circumstances (i.e, I have to be in court)

You probably can appeal the Judge's decision.

[Fr_Chuck]

I will have to answer this from what would have happened in State Court in the State of GA ( and this was from my experience over three years ago)

First if you could not make the court date, sometime a few days before you had to CONTACT the court, tell them you would not be there and ask them to set a new date. Even send a friend to explain why you can't be there. ( OK sending a friend my not work in all courts with all judges, but in traffic, it would in all the ones I was at)

Or you get and hire an attorney to review it and try to fight the ticket.

The only really wrong thing you can do is just not show up, you are found guilty by default basically, since you don't offer any evidence in your defense and you don't come to question any witness, they merely find you guilty and then also issue a bench warrant normally for you for not appearing, since the ticket is also a legal summons.

You can hire an attorney and try, but honestly there is little chance since you gave up a lot of your appeal rights by just not showing up.


Now you said "victimized by the system" how in the... do you see that, you are guilty of being stupid for not showing or asking for a new date, this is purely your fault.

Now the original ticket situation may or may not be addressed but you have to show up to fight it.

I doubt if the judge even knew about the DUI, really, it really upsets and gets judges in a bad mood for people not showing up in court without a good reason. Tests in schools are not a good reason to a judge.