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1. This varies by state
2. You should only get legal advice from a lawyer
3. Follow rule # 2.
Hold onto that letter from the clerk that says you showed and the original court date assignment. They could be very important in proving you showed up on the proper date.
In many states, many Judges would dismiss the ticket if you showed and the cop failed to. They don't usually like to waste court time and make you return for a minor infraction. But, that varies by Judge and state. I don't know how a Judge would respond to a scheduling error for the case. Again, a lawyer could probably move for dismissal if you were called again but it would be up to the Judge (and you'd pay for the lawyer's time).
The ticket could have fallen out of the system. In that case you are off the hook. My biggest concern would be that the clerk was wrong (or multiple computer errors are accumulating). What if the scheduling system at the court was wrong, but the system that counts infractions and dispositions of tickets records a no-show on your part as a default status?
My biggest concern would be that a warrant will be issued for your arrest for failure to appear if the ticket is still tracking somewhere in the magical state computer systems. Whether or not that happens in your state, whether they would just send you a fat bill in the mail for the fine and court costs if you fail to appear, or whether they would notify you of another court date, is all a mystery to anyone who is not an attorney familiar with the laws and standards in your state.
So, what you really need is a friend who is a cop or an attorney who knows where these things are tracked and how to check to see if the ticket really exists. Keep in mind that if a warrant is issued and you are pulled over for speeding, the cop will arrest you and be uninterested in the letters you have, instructing you to "tell it to the Judge". You will end up paying money for an attorney, endure the hassle of arrest and having to go to court, etc. They Judge would let you off after seeing your letters, but that doesn't mean it wouldn't be a major hassle and cost you a lot of money before you were done.
So, find out how the process works in your state for the worst case scenario of a "no show" by you. If they just send you a bill or another court date automatically, they you can wait it out. If it's riskier, you need someone who knows where to check to make sure you stay clean.
posted by 96.233.5...
, Mon, 22 Feb 2010 14:22:46
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