So, I get my first ticket in about 10 years, driving home for lunch. That isn't great, but it is what it is.

I get the ticket on a Friday along with the instructions to either appear within 10 days or call the phone number the officer circles to make payment. All is still well, and I call to see what the fine is while I decide whether to pay or lose a Saturday to defensive driving...

The next Friday, 7 days from receiving the ticket, and the 10th day being Memorial Day Monday, head off to pay the fee to be able to take defensive driving. I arrive at the address on the ticket to be directed to downtown. They are still using ticket books with the old address. So, I head off to downtown. I arrive and go in, checkbook in hand. I give the ticket to the clerk and let her know that I want to take defensive driving. She punches in the info, and says she isn't seeing anything in the system. She walks back to the cubicles behind her and talks to someone for a few minutes, then goes in to the office that is right behind her. I'm guessing her supervisor's office. She comes out of there a few minutes later. When she walks back I ask her if it was a figment of my imagination. She just smiled and hands me the ticket back saying there isn't anything that I need to do as it was put in as a warning. I get over my shocked look, thank her for her help, and leave.

I leave thinking wow, how lucky... Until I receive a courtesy phone call from an officer today asking why I never showed up or paid the ticket.

I explained everything that happened to him, and he was very understanding and asked that I come down. I let my boss know that I have to run out and go straight there. The officer showed up while I was talking to a clerk who was telling me what the fines add up to for not appearing. I explain to him what happens and he goes back to the cubicles behind him. When he comes back, his only option for me is a court date.

I understand they undoubtedly get people telling all kinds of stories, but what recourse is there for actually appearing and being turned away? I would love for them to pull the video from that day. Even with no audio, you could see me hand her the ticket and me waiting to write a check, then her doing all that was described above. But instead I have a court date to talk to the prosecutor. I am WAY passed PO'd.

That is why I record ALL correspondances, in person, on phone etc... with customer service people.

Delete takes a second but court takes forever

I hope you saw the woman you talked to there and asked her if she remembers you because she is the only witness you have other than a camera.

Wow....

If you didn't get "that turned out to be only a warning" in writing, it didn't happen. Suck it up and consider it an expensive lesson learned.

There's a reason why people are fond of saying, "If it isn't in writing, it doesn't exist."

Im going to disagree, dont suck it up.

Make a complete ass out of yourself and get noticed.

cje32:

I can understand your frustration with the court staff at Bryan Municipal Court. I stopped representing people in that court about a year ago because I was tired of dealing with the court staff. However, the prosecutor is very reasonable. When you go to your court date, do not take out your frustration on the prosecutor. It is not her fault and she will understand. She will likely grant a polite request to take defensive driving. She has no control over the way the court staff deal with people because she works for a different department in the city.

Also, the police officer who called you is a city marshall. I know them and they to are very reasonable. You should thank them for making a courtesy call rather than letting a warrant be issued for your arrest for failure to appear within ten days.

With that said, Bryan Municipal Court has the TWO most lavishly adorned courtrooms in the county. Bryan Municipal Court is a money making machine for the city. Look at the courtrooms and then go over to the courthouse and compare the courtrooms there. I would talk to a city council member about your experience with the court staff. The chief of police cannot do anything since he works for a different city department.

Good luck with any complaint, but remember that you are complaining to the city about one of its big revenue generators especially at a time when other sources of revenue for the city are down.

[Check your email. -Staff]

[This message has been edited by TexAgs staff (edited 6/10/2010 9:39a).]

Taking his original punishment is one thing. Taking extra that's another.

[This message has been edited by OverR (edited 6/10/2010 7:05a).]

He is not asking to get out of the original punishment only the additional punishment. And by the way it wasn't his mistake it was theirs.

"Make a complete ass out of yourself and get noticed."

Slapping the cop and the prosecutor are about the only avenues that would be worse than that approach.



[This message has been edited by Stupe (edited 6/10/2010 6:48a).]

I guess I should clarify. Not right then, but to citizens, council, whatever contacts, and resources you have available to you. Make it known what happened and keep hammering the point until you get a phone call.

I dont believe in the citizens getting screwed by the government.
There is no caveat emptor when it comes to the government.

[This message has been edited by OverR (edited 6/10/2010 7:09a).]

quote:

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I would talk to a city council member about your experience with the court staff

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Calling Chuck K, calling Chuck K. Assistance needed in myBCS.

Sadly, the original clerk, nor the supervisor were there when I went in yesterday.

I was never trying to get out of anything, just wanted to pay my fee to take defensive driving. And I never would be able to go in and make an a$$ of myself, but will tell the story.

SideshowBob - Thanks, and that was my plan, just didn't know what she was like, the prosecutor. I was hoping for reasonable. I believe that I thanked the Marshall about a dozen times, on the phone and in person. He was very helpful to me yesterday, and was extremely glad he called.

This case isn't about getting or paying a ticket. It is a situation where a clerical error on the part of the court staff could have resulted in a person being arrested despite doing everything they were instructed to do.

You get a ticket. You appear at the court within the ten days as required. Your intent is to pay the ticket or pay the fee for defensive driving. You are told not to worry about it because it was entered as a warning. You leave believing there is nothing else to do. A few days later you get a call that a warrant is going to be issued for your arrest for Failure to Appear within ten days (when you did appear).

Fortunately for you, the city marshalls made a courtesy call to you before a warrant was issued. Suppose you could not be reached(out of town, etc.). Surprise! You get arrested.

All of this can be corrected when meeting with the prosecutor at the Pretrial Hearing. No real harm done except an extra trip to the court and almost having an arrest warrant issued for you.

However, remember Do Not Be Late for the Pretrial Hearing(Not Even 5 Minutes)!

The same court staff that screwed up has no tolerance whatsoever for Your error.They have been known to Lock the Door five minutes after the hearing time and require you to post a cash bond or be arrested. I have personal knowledge of this because I have received phone calls from frantic defendants who were 5 minutes late asking what to do since they locked the door and told them they were too late for court and had failed to appear.

cje32-

The prosecutor is very nice and reasonable. Just politely and respectfully explain why you are there and what you want to do. Likely you should be able to take defensive driving. If for some reason you are not offered defensive driving, you can enter a plea of not guilty and let them know you are going to talk to a lawyer.

Without giving any details, my experience with that court staff for a speeding ticket and an expired license was appalling. There was no customer service but they certainly grabbed my money. It was like I was threatened or else.