Q: What do I have to do to get a infraction thrown out after it's been defaulted ,I was arrested on 08-14-22 in Lakeville,
Indiana for being htv,five days later the cop issued me an infraction in another town court with no court date ,I was never told about the ticket after letting the cop re issue the infraction under a different case number stating the first one was incorrect,they opened as a new case,almost three years later after taking a plea for the htv and the aftermath of this infraction the town court is trying to get my license suspended for non payment ,it's a double Jeopardy ticket he pulled me over for the infraction arrested me took me to jail then issued an infraction ticket five days later the ticket being the reason he pulled me over for the htv charge ,the clerk and the cop are violating the law by what theyve done and are doing,
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A:
It sounds like you’re dealing with a serious legal issue that could impact your ability to drive. Since the infraction was defaulted without your knowledge and later reissued under a different case number, you may have grounds to challenge it. One possible argument is that the ticket violates double jeopardy because it stemmed from the same stop and arrest as your HTV charge.
You can file a motion to set aside the default judgment due to lack of proper notice. Courts generally require that you be properly informed of infractions and given a fair opportunity to respond. If the officer issued the second ticket improperly or the court failed to notify you, that could strengthen your case. You might also want to request all records related to the infraction, including police reports and court filings, to check for any procedural errors.
If the court is now trying to suspend your license for nonpayment, you can ask for a hearing to explain why the fine should not be enforced. Bringing up the timeline, the duplicate case numbers, and any lack of due process could help in your argument. Since this situation involves both criminal and traffic law, getting proper legal guidance would be beneficial.
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