Q: License suspension
My 20 year old son received a speeding ticket in August 2018 (paid the fine) and in March (2020) was in an accident and issued a ticket for following too closely. There was no court date and he kept calling to get a date but the clerk told him to call back because the ticket was not in the system. He called through April into May. Last Friday (July 10) he received a notice that his license is being suspended. He took the class on July 12. Is any recourse since no court date was given? Also the officer did not ask for his signature (does this matter)?
A: It is certainly possible to remedy this situation. A motion would need to be filed to re-open one (or both) cases in order to bring the ticket(s) in front of a Judge and request that the conviction be removed in place of court supervision. Once the motion is granted, certified paperwork from the Clerk's Office will need to be submitted to the Secretary of State in order to remove the license suspension. Legal representation is encouraged. An attorney can assist you and ensure that this is handled properly.
Juan Ooink and Cheryl Powell agree with this answer
A: There are several issues that need to be addressed . It’s best that you consult an attorney. If you wish to discuss your options, you can reach out to my office for a confidential consultation.
Cheryl Powell and Juan Ooink agree with this answer
A: This could be fixed but time is of the essence. You should hire an attorney to assist your son with this issue. That attorney will prepare and file a Motion to Vacate Ex Parte Judgment and give proper notice to the prosecutor. Depending on the actual ticket, you son might have to appear in court with the attorney on the hearing date, but it is possible that the attorney will be able to resolve this matter without your son having to appear in court. You need to hire an attorney now to handle this matter.
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