Traffic violation procedures

Terry Ramos60 said:Please forgive my sudden intrusion and the fact that I am veering off-topic, but as I have been reading through this subforum quite intently over the last couple of days, I couldn't help but notice a certain pattern! Is it not truly fascinating how many people seeking legal advice here seem to operate under the impression that lawyers possess some sort of supernatural clairvoyance or psychic abilities?

What on earth could a judge possibly ask when they see the father for the very first time?

What kind of sentence should we be expecting?

I mean, what can I even say? 😬- honestly, it's ridiculous
-
Just a heads up—the first thing they’re gonna ask for is a "full name." 😳

Jerry Flores32 said:I don't get it. You receive a court summons, yet you're claiming you can't be bothered to read the contents? 🤣 And now you're asking questions here? 😕
If you can't even tell whether you've been served a lawsuit, a criminal complaint, a citation, or just a notice from the Municipal Court—then we're done.
I can't help you if you don't grasp the absolute basics.

It's your first time getting a summons, and you aren't even looking to see EXACTLY what it's about? 😵

Municipal Court in...
summons for the defendant

Pursuant to Section 170 of the Misdemeanor Act, a request is filed to initiate misdemeanor proceedings against...

...having committed a violation under Section 13 of the Misdemeanor Act regarding public order and peace, punishable under Section 13 of said act.

There. That's what it says.

Thomas Miller80 said:I mean, what can I even say? 😬- honestly, it's ridiculous
-
Just a heads up—the first thing they’re gonna ask for is a "full name." 😳

I certainly understood that, which is exactly why I found such a question to be quite amusing! 😉

nimbleotter18 said:Municipal Court in...
summons for the defendant

Pursuant to Section 170 of the Misdemeanor Act, a request is filed to initiate misdemeanor proceedings against...

...having committed a violation under Section 13 of the Misdemeanor Act regarding public order and peace, punishable under Section 13 of said act.

There. That's what it says.

Milina, Municipal Court.
Great. Won't even show up on a criminal background check.
The fine will be at most $33. Not exactly a fortune. If he just pleads guilty, it's over.
It’s just a misdemeanor, not a felony. No big deal. 👍

What a mess, the Municipal Court!!! I just knew it might come to this, I really did.

Jerry Flores32 said:Milina, Municipal Court.
Great. Won't even show up on a criminal background check.
The fine will be at most $33. Not exactly a fortune. If he just pleads guilty, it's over.
It’s just a misdemeanor, not a felony. No big deal. 👍

Jerry,

Can someone actually sue for intentional infliction of emotional distress? Asking because I want to settle the insults with him first before calling the inspectors.

Wouldn't want him filing an emotional distress lawsuit out of spite since we called the inspectors.

Does it matter if this was just a misdemeanor instead of a felony, or is it all the same?

Brian Lopez8 said:What a mess, the Municipal Court!!! I just knew it might come to this, I really did.

So, if you're getting a divorce, can someone sue based on a misdemeanor for intentional infliction of emotional distress?

nimbleotter18 said:So, if you're getting a divorce, can someone sue based on a misdemeanor for intentional infliction of emotional distress?

I doubt it.
Besides, how would they even prove that "emotional distress"?
It’s not that simple.

I just got a summons for Municipal Court regarding a fender bender from six months ago.
The hearing is scheduled right in the middle of my work shift.
Does anyone know if there’s a specific law that protects me or lets me justify missing work because of a court date?

Thanks in advance!

Look... under the Municipal Court rules... if you don't show up, the police will just haul you in themselves—and you'll be footing the bill for that next time...

Jonathan Bishop76 said:Look... under the Municipal Court rules... if you don't show up, the police will just haul you in themselves—and you'll be footing the bill for that next time...

Of course I'm going. I was just wondering if I could use the summons as an excuse to skip work.

Of course you can! Plus, you can actually ask the court to cover your travel expenses and daily per diem

I’m not entirely sure what you mean by the term "justified"...

They have to let you go, but they aren't required to pay you for that time—unless you use vacation days (I believe the labor laws allow for a single day off at your discretion provided you give three days' notice, or something to that effect)—or if you happen to reach a different agreement with them...

Carol Green53 said:Of course you can! Plus, you can actually ask the court to cover your travel expenses and daily per diem

Especially when you're the one being charged...🤣

Jerry Flores32 said:I doubt it.
Besides, how would they even prove that "emotional distress"?
It’s not that simple.

These people are driving me crazy. I won't relax until I get an inspector out here.

Are you certain he can't try to sue for compensation—for anything at all—once my dad admits to the trespassing and harassment on his property?

nimbleotter18 said:So, my dad got a summons.

1. We've never had a court summons before. Ever.

2. It’s all because of some mutual verbal insults, but clearly the other guy called the cops first and they filed a report.

3. The mail was late, so we missed our scheduled court date.
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I need to know how to justify missing the hearing, but honestly, I'm more interested in what my dad should say in court to somehow wiggle out of this.?

What kind of penalty are we looking at?

Can you even defend yourself without hiring a lawyer?

What's a judge even going to ask when he sees my dad for the first time? (It'll be his first time ever in a courtroom.)

For context, my dad was insulting this guy who started building something, but he didn't stay far enough away from our property line. Now the guy is claiming my dad insulted him and tried to seize his land or something.

THANKS A LOT! Any advice helps, BUT I REALLY NEED INPUT FROM PEOPLE WHO ACTUALLY UNDERSTAND THE LEGAL SYSTEM. 🙏

I’m wondering what we should do to justify missing the hearing, but more importantly, what should my father say in court to somehow get out of this?
Depends on what he's being charged with.
He can find that out by showing up to court and asking for the paperwork. Once he reads what they're charging him with, he can request a continuance so he can hire an attorney—whether it's a misdemeanor charge, a criminal complaint, or a civil lawsuit.

What kind of penalty are we looking at?

Acquittal or conviction depends entirely on how the proceedings play out.

Can someone actually defend themselves without hiring a lawyer?

You can, but you have to be smart about it... give your initial statement and stick to it like glue. Don't change your story or ramble too much. Manipulate the defense through your answers, steer things your way, and don't let them hit you with trap questions or leading questions.

What is the judge even going to ask when he sees my father for the first time? (It'll be his first time ever in a courtroom)

Generalities: why he was summoned, whether he understands the charge (if he's the defendant), his defense, and if/how he plans to defend himself. If he's just a witness, the basics: if there's beef with the defendant or any blood relation, then he gives his testimony.


I’m wondering what we should do to justify missing the hearing, but more importantly, what should my father say in court to somehow get out of this?

Nobody here can tell you that because we don't have the actual documents—the indictment, the summons, or whatever else. It's unclear to me if he's the defendant or just a witness!

Show up to court, grab the files (if they weren't already sent via mail, which they should have been), and at the hearing (if the papers haven't arrived yet), say he needs to postpone the matter so he can hire a lawyer.

I have no idea what this is even about??????????? It's impossible to give legal advice in a vacuum because everything is just a PROBABILITY!!!!!!!!!

And the law isn't an empirical science!!!! It's exact.

James Cox6 said:I’m wondering what we should do to justify missing the hearing, but more importantly, what should my father say in court to somehow get out of this?
Depends on what he's being charged with.
He can find that out by showing up to court and asking for the paperwork. Once he reads what they're charging him with, he can request a continuance so he can hire an attorney—whether it's a misdemeanor charge, a criminal complaint, or a civil lawsuit.

What kind of penalty are we looking at?

Acquittal or conviction depends entirely on how the proceedings play out.

Can someone actually defend themselves without hiring a lawyer?

You can, but you have to be smart about it... give your initial statement and stick to it like glue. Don't change your story or ramble too much. Manipulate the defense through your answers, steer things your way, and don't let them hit you with trap questions or leading questions.

What is the judge even going to ask when he sees my father for the first time? (It'll be his first time ever in a courtroom)

Generalities: why he was summoned, whether he understands the charge (if he's the defendant), his defense, and if/how he plans to defend himself. If he's just a witness, the basics: if there's beef with the defendant or any blood relation, then he gives his testimony.


I’m wondering what we should do to justify missing the hearing, but more importantly, what should my father say in court to somehow get out of this?

Nobody here can tell you that because we don't have the actual documents—the indictment, the summons, or whatever else. It's unclear to me if he's the defendant or just a witness!

Show up to court, grab the files (if they weren't already sent via mail, which they should have been), and at the hearing (if the papers haven't arrived yet), say he needs to postpone the matter so he can hire a lawyer.

I have no idea what this is even about??????????? It's impossible to give legal advice in a vacuum because everything is just a PROBABILITY!!!!!!!!!

And the law isn't an empirical science!!!! It's exact.

He was in court and they told him he'd get some "minimal fine," implying it's just a misdemeanor rather than a felony.

I'm wondering, if we call an inspector on this guy, could we end up dragged into a lawsuit ourselves (which would require a lawyer), even though we don't actually want a legal battle? We just want the inspector to "reach" the right conclusion instead of us having to prove the laws and regulations in court.

What is the role of an inspector (whether building, health, etc.) if they spot a violation on-site? What are they supposed to do then?

James Cox6 said:I’m wondering what we should do to justify missing the hearing, but more importantly, what should my father say in court to somehow get out of this?
Depends on what he's being charged with.
He can find that out by showing up to court and asking for the paperwork. Once he reads what they're charging him with, he can request a continuance so he can hire an attorney—whether it's a misdemeanor charge, a criminal complaint, or a civil lawsuit.

What kind of penalty are we looking at?

Acquittal or conviction depends entirely on how the proceedings play out.

Can someone actually defend themselves without hiring a lawyer?

You can, but you have to be smart about it... give your initial statement and stick to it like glue. Don't change your story or ramble too much. Manipulate the defense through your answers, steer things your way, and don't let them hit you with trap questions or leading questions.

What is the judge even going to ask when he sees my father for the first time? (It'll be his first time ever in a courtroom)

Generalities: why he was summoned, whether he understands the charge (if he's the defendant), his defense, and if/how he plans to defend himself. If he's just a witness, the basics: if there's beef with the defendant or any blood relation, then he gives his testimony.


I’m wondering what we should do to justify missing the hearing, but more importantly, what should my father say in court to somehow get out of this?

Nobody here can tell you that because we don't have the actual documents—the indictment, the summons, or whatever else. It's unclear to me if he's the defendant or just a witness!

Show up to court, grab the files (if they weren't already sent via mail, which they should have been), and at the hearing (if the papers haven't arrived yet), say he needs to postpone the matter so he can hire a lawyer.

I have no idea what this is even about??????????? It's impossible to give legal advice in a vacuum because everything is just a PROBABILITY!!!!!!!!!

And the law isn't an empirical science!!!! It's exact.

Nah, he’s not going, because this is just a misdemeanor charge, and those judges don't play around with delays just because someone claims they need to find a lawyer...

nimbleotter18 said:He was in court and they told him he'd get some "minimal fine," implying it's just a misdemeanor rather than a felony.

I'm wondering, if we call an inspector on this guy, could we end up dragged into a lawsuit ourselves (which would require a lawyer), even though we don't actually want a legal battle? We just want the inspector to "reach" the right conclusion instead of us having to prove the laws and regulations in court.

What is the role of an inspector (whether building, health, etc.) if they spot a violation on-site? What are they supposed to do then?

The guy was interfering with someone else's rights, which technically makes it a crime, even if they don't go after it through official duty... so regardless of how much he messed things up, we still have another court to consider...

So, I had this whole situation happen yesterday...

The traffic light was out, so a police officer was directing traffic instead. The light had been green just moments before, so I pulled out on my bike following the flow. When I hit the intersection, I totally missed seeing the PJM Interconnection officer because that stretch usually stays green anyway. By the time I spotted him, he was already facing me head-on. I slammed on the brakes, but the front wheel slipped—either the road was greasy or something, since I was only doing 4031 miles mph. I almost went down, so I let go of the brake and just kept going straight to stay upright. My bad luck? A cop in a cruiser coming from a side street nearly clipped my bumper. He pulled up behind me, I pulled over immediately, and he slapped me with a ticket for $333 plus $37 in court costs and 1 point. Look, I know I messed up and broke the rules, but if I hadn't decided to keep moving, I would have definitely wiped out on the pavement. I'm 100% sure about that because my front tire locked up and the bike started fishtailing. Honestly, I could already see myself face-planting and my bike smashing into a squad car...

The officer admitted he saw I wasn't speeding, but the ticket stands. Since I'm still a student, this is a massive hit to my wallet.

Now I'm wondering if there's any point in filing an appeal, and if so, how? If anyone has dealt with something similar, please send me your thoughts.

If I just decide to bite the bullet and pay it without contesting, how do I actually do that? The officer didn't give me the payment slips. He was typing them up in his cruiser while I was standing there, but now I realize he never actually handed them over...

Thanks