Motions: Can I Motion for a Dismissal

vendredi 6 février 2015

My question involves traffic court in the State of: Tx



According to my ticket, I'm being accused of going 66 mph on a 55 mph zone. To make a long story short, I gave the the court clerk my citation # and was then told I have court on the 17th, and should've received a letter in the mail. Since I didn't, I had to call back, because the person in charge of sending out the letters wasn't in that day. When I called back and spoke to the person in charge of sending letters, there is a person scheduled for court on the 17th with all my info but wrong last name. I was also told my correct name doesn't have a scheduled court date. According to that person, I don't have to show up on the 17th and that the error would be fixed. I called back to complain to a manager about this situation. The person that I spoke to the first time who gave me the court date told me the manager stepped out. Then when I questioned why s/he gave me that court date said "people make mistakes." I said I'd call back to speak to the manager, then put me on hold, came back to the line and said s/he was the manager and said that the person with my wrong last name didn't have my info. I asked to speak to someone else, and was told to email the judge.



My questions are:

1.) If I don't show up to court on the 17th and my info is still under that person (with the same first name but different last) will there be a warrant for my arrest?

2.) Can I motion for a dismissal because of the error that was made even though it might already be corrected?

3.) Can I motion for dismissal because my ticket doesn't have a statute #?

4.) Can I motion for discovery already even though I don't have a court date under my correct name?

5.) Should I email the judge about the error? (I'm a bit skeptical about the email address, because it's a yahoo account)



I'm trying to avoid going in person as much as possible, since I live 5 hours away. Your help is greatly appreciated!





Motions: Can I Motion for a Dismissal

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