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DMV reporting as non-compliance for an event I never received a summons for.

Discussion in 'Speeding Tickets, Traffic & Moving Violations' started by Toad, Dec 17, 2018.

  1. Toad

    Toad Law Topic Starter New Member

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    Jurisdiction:
    Virginia
    Jurisdiction says VA, because this concerns the VA DMV. Also included would be WV, as that was the state that reported me.

    Last year, traveling through a small mountain road in West Virginia, I was pulled over and told that I was doing 50 in a 35 (the officer could not describe to me where this change supposedly took place and I had been on this road for 20-something miles and hadn't even traveled through a town, every sign up until that point had been 50MPH). I was given what I assume is their version of a ticket (I will have to find it, I believe it was local police) that had my information, and my supposed violation and very little other information.

    On any other traffic ticket, I have had a court date written on the ticket (ticket doubles as a summons I presume). This ticket had only the above information, and a phone number. The cop didn't say anything about a court date, cost of the ticket, or anything else. Several months later , I moved from VA to another state in the Midwest. I have never received any summons either in forwarded mail or at my old address (I was in contact with the people living there). Recently, I have received a letter from the VA DMV stating I have been reported by WV as being in non-compliance for Citation:[number] and that my privilege to drive in VA will be suspended in roughly 2 weeks from today. I assume this is the citation/ticket from WV a year or so ago.

    Having never received a summons for a court date, and thereby not being able to present a case against the ticket, can I legally have been convicted in absence?

    I plan on calling both DMVs to discuss this, but I was looking for some direction on my options.

    This is also of some concern because I have business in VA during the time this suspension goes into effect.

    I appreciate any assistance/responses. I am trying to find if I still have the ticket.
     
  2. army judge

    army judge Super Moderator

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    The West Virginia Uniform Traffic Citation must be used for all traffic citations issued.

    This links to the WV Code outlining Uniform Traffic Citation guidelines, WVC 17 C- 19 - 6 .


    §17C-19-6. Form for and records of books of traffic citations.
    (a) Every traffic-enforcement agency in this state shall provide in appropriate form approved by the commissioner, the superintendent of the division of public safety and the commissioner of the division of highways, traffic citations containing notices to appear which shall be issued in books with citations in quadruplicate and meeting the requirements of this article.

    (b) The chief administrative officer of every such traffic-enforcement agency shall be responsible for the issuance of such books and shall maintain a record of every such book and each citation contained therein issued to individual members of the traffic-enforcement agency and shall require and retain a receipt for every book so issued.



    You need to determine which law enforcement agency issued the citation.

    You could look at a map and attempt to locate the spot on the map where you were stopped.

    You seem to know the road you were traveling when you were cited, so start by backtracking.

    The letter you received has a source.

    You might contact the agency that issued the warning latter and see if they can provide you with more information about the citation.

    The WV citation might not resemble the VA citation, but rest assured it was legitimate.



    WV drivers license agency link, search it:

    https://transportation.wv.gov/DMV/Pages/Site-Map.aspx
     
  3. Toad

    Toad Law Topic Starter New Member

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    Oh, and I wanted to add. While I got this notice from the VA DMV about their intent to suspend, I still, have received NOTHING from WV.
     
  4. Toad

    Toad Law Topic Starter New Member

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    It was west of Paw Paw. So likely I was still in Morgan County.

    I'm not arguing that the ticket was not legitimate. I'm more concerned with the fact I never have seemed to have been given a summons. I can positively assure you that there was no notice to appear on that ticket.
     
  5. army judge

    army judge Super Moderator

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    You're wasting your time bantering with me, another internet dummy.

    I suggest you reach out to WV authorities.

    Your version of events matters NOT.

    The version of events that matters would be the police agency, the county prosecutor, and the state DMV.

    Rest assured, they'll claim you were notified properly.

    If I were facing this coming interference in my life, I'd work to fix it, rather than argue I wasn't notified.

    Bottom line, you know now, and that is all that should matter.

    Your best bet is to get these greedy monkeys off your back and try to limit their ability to interfere with your life and freedom.
     
  6. Toad

    Toad Law Topic Starter New Member

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    Well right, so the above info, says it should be recorded in quadruplicate. So they too would have a copy of the ticket?

    I get that. Is it wrong to ask them to prove I was sent a summons?

    Looking at it, Paw Paw is Morgan County Circuit Court. Would you advise taking it up with them? Or calling the DMV and saying I was never given a summons, or a court date, or a notification, so how can I settle it now? Trust me, I would love to fix it, before another state puts their grubby paws in my pockets too (Because I'm sure, if VA get to suspend me, it will be 150+ to be "reinstated" if I ever plan on driving in that state again, or getting a license elsewhere).

    As far as "fixing" it, would it not be worth it to argue for a re-hearing / having it re-opened?
     
  7. mightymoose

    mightymoose Moderator

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    I suggest you start with the WV DMV. They are the ones reporting to the VA DMV.

    Your fastest solution is to find how much money they want and pay it.
    If you intend to argue improper service and demand your day in court, assuming you are successful, then factor in the cost of traveling to WV do that and even then possibly be unsuccessful.
    IsOd are it is cheaper to pay the fine and take a traffic school class then be done with it.
     
  8. army judge

    army judge Super Moderator

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    Yes, the issuing agency is required to retain a copy all citations issued.




    I would approach it from another angle.

    I would contact the agency or the court records clerk and ask to be faxed or emailed a copy of the citation.

    In most instances these days you can see a copy of the citation online, which is why I'd contact the agency and/or the court.




    You can ask anyone anything.

    However, why ask for a hearing if you can't prove your innocence?

    Trust me, no one can prove their innocence, even if they are innocent.

    The state is charged with PROVING your guilt.

    Remember the issuing agency and the court all work for some form of government and all are after your money.

    If you can scour the road you were traveling, find the exact spot your were cited, and prove the speed limit signs said 50 MPH vs. 35 MPH, go for it.

    However, you're probably looking at a "failure to appear" charge along with the speeding infraction, which allows the thieves to get MORE of your money.

    Take traffic school online or deferred disposition (if either is allowed in WV), that's the easiest way out of this mess.
     
  9. flyingron

    flyingron Active Member

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    The ticket *IS* your notice. It's up to you to either PAY the thing or get a court date. The officer and the courts are not obliged to notify you again.

    And even if you decide to blow off VA, the WV suspension will almost certainly pop up in the future on your new license (presuming you're not also driving illegally on you VA license once you've taken up residence elsewhere).

    You've pretty much blown your chance to protest the ticket. Call up the court and pay the fine.
     
    Highwayman likes this.

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