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Failure to Appear Warrants

Started by peacenic, October 31, 2008, 04:02 AM NHFT

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peacenic

I got busted for a huge fine today (CDL log book violation, $1800 bucks!!), and it's got me thinking it might be time to move on.
 
Does anyone have any personal experience with a failure to appear warrant?  Did it follow you out of state?  Have you had interactions with law enforcement in your new locale?  What was the result?  Did you get a new drivers license/register your car?  Any details would be appreciated.

Things got a little interesting when the cop asked me to sign the ticket.  I was told the ticket was a promise to appear in court.  I told him I wasn't comfortable signing because the court is 1,000 miles from my home.  Right away, the cop threatened to arrest me.  So after some more posturing by me and threats from him, I signed.  He actually called for back up.  It was a little amusing to watch him play his power trip game, but it was no fun being threatened.  I want a new job.  And I want to be able to call for back up.

Russell Kanning

drivers licenses are the "papers" that the government uses to control us ... bad things will probably follow you
Keene ... and NH was very happy to try and enforce a ticket I never paid in KS

peacenic

Thanks for the info Russel.

UPDATE:

After talking with some very helpful and friendly cops this morning, I'm feeling much better about the situation.  It appears the cop who wrote the ticket may have written the wrong "special code" and charged me with the wrong violation.  So I may get off on a technicality.  I've decided it would be best for me to fight the ticket in court.

Talking to friendly cops who would answer my questions made an amazing difference.  Last night I was really stressed out when I was being threatened for asking questions.  It was not a good feeling.  And now, while I'm still not happy about the ticket, I'm ready to deal with it now.

As far as regular drivers licenses go, Arizona, where I currently live, issues their licenses for 50 years.  I think I'll pick one of those up before I leave.   ;)

peacenic

Russel, did you ever have any tickets in your years on the road?  Did you appear yourself or go with a lawyer?  I'm thinking I might hire a lawyer, so I don't have to take time off and come back up here.  They sure do like to stick it us CDL drivers.  The fines are pretty outrageous. 

DigitalWarrior

peacenik,

I say this because I love you.  Get a lawyer.  Now.  Not later, now.  Seriously stop reading this post, and get a lawyer.

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I hope you have a lawyer by the time you get around to reading this sentence.

What the hell is wrong with you: LAWYER, PHONE, NOW.

dalebert

Lawyers are beholden to a higher master than their client. Just FYI.

K. Darien Freeheart

It seems clear he's interested in beating the ticket more than "beating the system" so a lawyer might be smart.

Russell Kanning

Quote from: peacenic on October 31, 2008, 12:27 PM NHFT
Russel, did you ever have any tickets in your years on the road?  Did you appear yourself or go with a lawyer?  I'm thinking I might hire a lawyer, so I don't have to take time off and come back up here.  They sure do like to stick it us CDL drivers.  The fines are pretty outrageous. 
actually I decided to stop driving because I got a silly ticket for rolling over the dots in PA ... I just couldn't see continuing in a job that was so controlled by the thugs
I never even heard anything connected with this ticket or for being overweight in VA.

Russell Kanning

Quote from: Kevin Dean on October 31, 2008, 02:02 PM NHFT
It seems clear he's interested in beating the ticket more than "beating the system" so a lawyer might be smart.
if you want to beat the ticket ... no sense inviting another gang member to steal your money I say

KBCraig

Quote from: peacenic on October 31, 2008, 12:27 PM NHFT
They sure do like to stick it us CDL drivers.  The fines are pretty outrageous. 

That's because, as you note, the court is a thousand miles from your home, and on the court date you might be a thousand miles in the other direction. And if you do show up, they might decide to postpone it to another day, further screwing with you.

The cop wasn't quite correct about arresting you if you didn't sign the ticket: you were already under arrest (you weren't free to leave, were you?). You had to sign to get yourself un-arrested. Signing the ticket is legally the same as a signature bond, effectively releasing you on your own recognizance. When you sign, you're promising to either appear in court or plead guilty by paying the fine.

Hubbard

I run line haul.... What do you do now? OTR? We never get bothered and good pay and benefits. PM me if you are interested.... My boss needs an Auburn, ME driver and one out of WRJ, Vt.

Russell Kanning

I would say any truck drivers who move to NH will find plenty of regional work ... since most drivers avoid the northeast ... you get to stay close to home if you live here

peacenic

Quote from: Russell Kanning on October 31, 2008, 11:45 PM NHFT
Quote from: Kevin Dean on October 31, 2008, 02:02 PM NHFT
It seems clear he's interested in beating the ticket more than "beating the system" so a lawyer might be smart.
if you want to beat the ticket ... no sense inviting another gang member to steal your money I say

Let me clearly state my intentions.  I'd like to get through this as cheaply and with as little hassle as possible. 

Initially, I was considering ignoring the ticket, and finding another job.  But that might have been a bit of an overreaction to dealing with the shock of such a large fine.  I don't feel comfortable with warrant following me around, which could result in a higher penalty in the future.  The ticket actually states that if I don't show up, I will be found guilty of the offense, guilty for failing to appear, and the fines may be sent to a collections agency.

So that leaves me with trying to beat the ticket or at least getting the fine reduced.  I hesitate to hire a lawyer because of the cost.  Getting one could save me a few trips to court.  And there may be a higher probability of getting out of the ticket.  However, I just don't trust lawyers.  To me, it feels like taking a cab in an unfamiliar town.  They might get you where you want to go, but you'll be taking the long way to get there. 

I can travel cheap up to the area, but I will be forced to take time off for each visit.  I'm also a little worried they might not let me off on the technicality if I represent myself.  I feel like they might just say, "Nope, you're wrong.  Guilty."  And then I'd be screwed. 

I'm still deciding.  Thanks to everyone for their input.


Quote from: Russell Kanning on October 31, 2008, 11:44 PM NHFTactually I decided to stop driving because I got a silly ticket for rolling over the dots in PA ... I just couldn't see continuing in a job that was so controlled by the thugs
I never even heard anything connected with this ticket or for being overweight in VA.

I know what you mean.  I got pulled in for another inspection on Saturday!  I didn't have one for almost 10 months, then I get 2 in 3 days.  This time my papers were in order, but it's a pain in the butt to always be dealing with the regs.


Quote from: KBCraig on November 01, 2008, 02:34 PM NHFT
The cop wasn't quite correct about arresting you if you didn't sign the ticket: you were already under arrest (you weren't free to leave, were you?). You had to sign to get yourself un-arrested. Signing the ticket is legally the same as a signature bond, effectively releasing you on your own recognizance. When you sign, you're promising to either appear in court or plead guilty by paying the fine.

You've jarred my memory a bit.  The cop didn't threaten to arrest me.  He threatened to take me to jail if I didn't sign the ticket.  So you're correct, I was under arrest at that point.


Quote from: Hubbard on November 01, 2008, 06:07 PM NHFT
I run line haul.... What do you do now? OTR? We never get bothered and good pay and benefits. PM me if you are interested.... My boss needs an Auburn, ME driver and one out of WRJ, Vt.

I'm OTR now, hopefully not for much longer.  I'm planning on moving up to NH soon.  Thanks, I'll be in touch.