Replies to This Discussion

Permalink Reply by Lisa Curcio on December 31, 2013 at 1:19am

Was this a traffic ticket that was heard in a courtroom in the concourse level of the Daley Center?  Who told you not to show up?  If it was a "minor" traffic ticket, most judges will not continue a case again if there is no complaining witness.  It would not be unusual for the case to be dismissed for want of prosecution.  You can try talking to the corporation counsel assigned to the courtroom to see if they are willing to ask the judge to vacate the dismissal.  I don't know how likely that is since they have hundreds of cases each day.

• ▶ Reply

Permalink Reply by Daniel Stone on December 31, 2013 at 6:12am

Well yes, it was supposed to be heard on Nov 18 but the defendant's lawyer didn't show.

DRV VEHC BIC PATH PROHBTD SGNS

Talked with the corporation counsel this morning. Explained that I came to the original court date and how a second date was set and showed him the piece of paper he gave me with "CW Dismissed" written in his handwriting. Apparently someone forgot to write the part about me being dismissed from this second appearance on the actual court documents. He's going to talk with his supervisor about reinstating the case.

• ▶ Reply

Permalink Reply by Doug Haynes on December 31, 2013 at 6:22am

Yeah, who told you not to show up?  That makes no sense to me because without you there they can throw the ticket out.

• ▶ Reply

Permalink Reply by Julie Aberman (Hochstadter) on December 31, 2013 at 6:39am

Get an attorney that specializes in bike cases.  

There are 2 right now on the sidebar that advertise that many cyclists here have used.  

And call the Active Trans crash hotline.

And search the forums here...

• ▶ Reply

Permalink Reply by Daniel Stone on December 31, 2013 at 7:13am

Original court date was Nov 18. The Corporation Counsel told me that since the cab driver's lawyer didn't come on this day we needed to reschedule. This second date would be (Dec 27) for him to enter a plea and no testimony was needed. Guilty: he pays a fine and it goes on his record. Innocent: a trial date is set and I'm notified of when to show up. I was given a piece of paper saying I was dismissed from the Dec 27 hearing. This information was not copied/entered into the court documents.

Thanks Julie, Active Trans and the forums have been very helpful. It's how I knew I had to be there on the original date.

Posting this is an attempt to pay it forward...in case it happens to someone else. The attorney made it sound like this rescheduling thing was normal.

notoriousDUG said:

Yeah, who told you not to show up?  That makes no sense to me because without you there they can throw the ticket out.

• ▶ Reply

Permalink Reply by Daniel Stone on January 14, 2014 at 6:05am

Update: After talking with the corporate counsel and showing him the document the city has moved to reinstate the case. Arguments to be heard next month.

• ▶ Reply

Permalink Reply by Lisa Curcio on January 14, 2014 at 6:32am

Nice, Daniel.  I hope the corporation counsel told you to be there. :-)

• ▶ Reply

Permalink Reply by Daniel Stone on January 15, 2014 at 5:24am

Ha! Yeah the letter was pretty specific.

• ▶ Reply

Permalink Reply by Anne Alt on January 15, 2014 at 11:34am

Congrats!

Daniel Stone said:

Update: After talking with the corporate counsel and showing him the document the city has moved to reinstate the case. Arguments to be heard next month.

• ▶ Reply