I won a trial for a traffic violation in June, now I have to appear in court again?

[Searchin4acoupe]

I'm looking for some insight here. I received a ticket in the city of St. Louis I don't believe I deserved and decided to take it to trial myself (you only live once, right?). I'm not an attorney, but I did my research, walked in prepared and I won... or so I thought? Can anyone explain why they might need me back in court? Details below:


-February 2009 - received traffic ticket for Failure to Yield to an emergency vehicle

-April 2009 - Appeared in court and plead not guilty. Trail date set for June 2009

-June 2009 - Trial is held, officer, prosecutor and judge all present, I'm found not guilty. I asked the judge after the gavel fell if they needed anything else from me, or vice-versa and was told "no" and to have a good day. The judge knew I was a rookie and was very fair/accommodating so I *think* he would have pointed me in the right direction.

-Yesterday - Received letter in mail notifying me that my case has been reset to January 2010, and I need to appear in court or else a warrant will be issued.


I called the court this morning, got a girl who claims her system is down and she guessed I still owe court costs. She hung up on me when I began to question that. I really don't want to have to take another morning off work to go to court, and I REALLY don't think I should have to pay costs for a case that I won. What's going on here? Thanks!

 

[sahtt]

Just pay the fine if the paperwork you have doesn't automatically dismiss you. It's not worth the time/effort/stress.

I learned this the hard way because I'm naturally a "fighter". I have had two tickets, both over 4 years old, "pop up" recently as houston and austin try to balance their budgets. Both are complete bull $hit and after wasting valuable time from work for 3 days I realized what an idiot I was, they had already won. I paid the 300 and told them to leave me alone. I almost went to jail because they sent the paperwork to an address I haven't lived at in over 8 years. I gave the judge absolute hell on how they abuse the statute of limitations on matters like these and she didn't say a damn word.

 

[nsxotic911]

The NMA had a similar story about this...I've got more tickets won, lost and paid than I can count on two hands over the last decade and I'm afraid this s*t might come up as well. Damn.

 

[Searchin4acoupe]

Update: I was able to finally get someone on the phone who wouldn't hang up on me. The court clerk is researching the docket and will call me back "in a few days".

 

[Blackend]

Go to court, bring your own lube.

 

[Searchin4acoupe]

Go to court, bring your own lube.

Know from experience, do ya?

 

[NSX-Files]

If you already prevailed at a trial, they cannot bring another case against you for the same violation. Typically, if you are found not guilty you don't owe court costs. There could be a clerical error. Maybe the "not guilty" verdict was not recorded. I wouldn't pay anything until you figure out why they want you back in court. It may take some leg work, but you have until January 2010 to figure it out.

 

[swerve2007]

'double-jeopardy' is the term- you cannot be sued twice for same offense. i actually would go in, get 'sentenced' and then retire on the countersuit profits.:biggrin:

 

[davidf]

You said you paid no court fee's. I'm baffled!! You almost always pay court fee's, win or lose.

 

[Searchin4acoupe]

Thanks for the replies, please keep them coming!

I'm leaning toward the theory of clerical error as well. What I'd LOVE to have "in-hand" should the need arise, is how the law reads regarding court costs and my rights. That way I know when I can tell them to shove it or just roll over and take it. I managed to stumble across enough of the law regarding the offense I was charged with. I suspect since my current issue is not traffic specific, the answer may be harder to find.

I have placed a call to a friend who is an attorney, but no matter what my issue it seems, attorneys almost NEVER call me back. I understand he's going to want to bill for his time, but isn't my past and future "real" business enough to cover a 5 minute phone call? I'm much too small a fish it seems.

 

[Russ]

Clerical error. It happens more frequently than you'd think, especially in the lower courts. Try contacting the judge's clerk (not the DA's office) and ask for documentation of the acquittal (order dismissing charges, or something to that effect). Remain very polite yet firmly assured of the correctness of your position, and do not react to condescension etc. from the other end of the phone.

 

[Searchin4acoupe]

Clerical error. It happens more frequently than you'd think, especially in the lower courts. Try contacting the judge's clerk (not the DA's office) and ask for documentation of the acquittal (order dismissing charges, or something to that effect). Remain very polite yet firmly assured of the correctness of your position, and do not react to condescension etc. from the other end of the phone.

Excellent - Thanks!

 

[Cairo94507]

In CA you could go to the Clerk's office and pull the docket for that matter and it will show all the procedural history and appearances.