Q: Speeding ticket says required to appear in court. I can't make the court date as i will be out of the country for work
This is my first ticket. Called and was told that I didn't have to appear but I would have to pay a $320 court fee on top of my ticket. Is this true or do I have other options? In Tazewell County
A:
If you were speeding between 1 and 25mph over the limit, there is no obligation that you personally appear and you may in the alternative mail in payment with a request for court supervision. If you were speeding 15 or more over the limit, this is a riskier proposition because court supervision is a privilege, not a right and you may be denied. The denial could result in a conviction which will not only add points to your license in laymen's terms but it will also cause your insurance rates to go up because unlike supervision, it would be public knowledge. You can also arrange to hire an attorney in this situation if you would like who can appear for you preventing you from needing to take time off work and allowing you to increase your chances of getting court supervision. I have found in my traffic law practice that the ability to appear for clients greatly offsets the cost of an attorney because there will be no need to miss work or take vacation days. Failing to appear when you have a court date can result in a failure to appear license suspension, a judgment of conviction in your absence, and/or a bond forefeiture (a fine of up to a few thousand dollars).
If you were speeding 26 or more mph over the limit, you are required to appear because it is a misdemeanor offense. That said, you can arrange for an attorney to appear for you (they MUST be an attorney) and request the court waive your appearance, continue the case, and not issue a warrant. This should be possible so long as you can provide the attorney proof that you are out of the country. Failure to do this can result in a warrant for your arrest which may potentially make international travel problematic.
My recommendation would be to first call the clerk and see if they can continue it. If so, you are golden. If not, I would speak to an attorney for a free consultation to determine what steps need to be taken.
Hope that helps!
Jason A. Wilkins
Attorney at Law
(630) 445-2293
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
