Hey everyone...
I need some help from anyone who actually knows how this stuff works better than I do. Back in May 2007, I was in a minor fender bender in a parking lot. I’m certain I wasn't at fault (whatever 😁), but the police and the Supreme Court decided otherwise. First, I gave my statement in court, then they scheduled a full hearing with the other driver and the cop who responded to the scene. I got the notice three months later, but the hearing didn't happen because the cop and the other guy both failed to show up. Three more months pass (February 2008), and the cop flakes out again. This time, only the other guy showed up to testify. Now, two days ago, I get hit with a decision and a bill for $333 for the violation, $150 in court costs, and $67 for the accident reconstruction fee.
What exactly is this $67? Is that going to the officer who came out to the scene or what?
Now I have to file an appeal with the higher municipal court... How long does it usually take to hear back from them? I just need about 10 more months for this to hit the statute of limitations since the incident happened under the old laws.
Third thing...
Jesse James5 said:When you get a Citation issued on the spot, they don't include any court costs right then. There aren't any actual costs yet. Those only show up after the eight-day payment window closes—along with the fines—and that's usually when the bill finally arrives. $37 Regarding those administrative fees for investigating the citation.
Whether or not you sign that Citation—or whatever paperwork the officer hands you to sign—doesn't actually change a thing. It won't put you in a better position, nor does it alter the procedure. When they’re determining if a violation occurred and questioning an officer witness, the court is going to trust their testimony over yours anyway. Most of the time.
Once the report is finalized, the system spits out the full file along with all the supporting paperwork. It’s then handed off to the local court for whatever comes next—usually a summons to appear. If they can't wrap things up right there, it moves to a full hearing where they start bringing in witnesses, experts, and all that other fun stuff.
At the preliminary hearing, the defendant is summoned. If there's a genuine need to ensure the ruling is as solid as possible, the officer is called in to stand by their Citation. The defendant can also request a face-to-face confrontation with the officer.
If a defendant misses their court date because they didn't receive the notice—which all depends on what the mail carrier noted on the envelope—the court will just keep trying to reach them. It’s all conditional on that envelope. If it says "moved," they check with the local police department to verify the address. If it says "deceased," they head to the vital records office. If the note says the person refused delivery or simply wouldn't pick up the package, the court can actually order a deputy to serve them in person, and the defendant picks up the tab for that. You can offer an excuse once or twice—business trips, illness, that sort of thing—and they’ll reschedule, though you're then obligated to accept the next summons. As for officers, if they fail to show up to a hearing (usually happens about three times; they can be summoned by the Chief, or even brought in, though that’s rare), the judge typically stays the proceedings due to insufficient evidence. After all, if the officer doesn't testify, they haven't actually backed up their report.
6. To file an appeal against a Court order, you submit two identical copies to the original court. They bundle everything up and forward the file to the appellate court for a second look. Your appeal needs to include your basic info, the case number, and your specific grounds—like if the fine amount feels totally unreasonable.
The high appellate court doesn't actually meet with the parties. There are no hearings. They just review the files from the lower court to make a decision. If they feel like the first judge missed some evidence, they’ll just toss the original ruling and send the whole thing back down to the lower court to start over.
7. It really depends on what kind of ruling we're talking about. If the statute of limitations has run out and the defendant hasn't been served, you aren't going to keep sending it more than once...
If it's a retrial situation—meaning the first ruling was overturned and sent back for a redo—they keep trying to serve them until it sticks. Sometimes the police handle the service.
8. Once the appellate court upholds the lower court's decision, it becomes final and binding. That means you either pay up or, depending on how steep the fine is, face whatever collection methods the American legal system dictates. The appellate court won't tack on extra fees to the original costs.
9. In the rare event that the higher court rules in favor of the defendant (I haven't seen that happen yet 🙂), the file goes back to the lower court. They then notify both the defendant and the petitioner and fix the paperwork accordingly...
So many questions... quite the workout. I think I managed to cover everything...
Does it make sense to bring that up in my appeal? They convicted me without the officer ever testifying.
One last thing... during the accident, I had a passenger who was listed in the police report, but they never gave a statement and aren't listed as a witness to the crash... I don't know what the standard legal practice is here, but it feels wrong. There were no other witnesses.
It's not a question of whether I hit him; it's about the circumstances. The guy pulled out and turned right in front of me while I was backing up. Unfortunately, I couldn't react in time, and now I'm stuck dealing with the court. As it stands, it feels like it all comes down to his word against mine. And clearly, my word isn't worth much. 😕
Any advice or suggestions would be appreciated.
