Wrong court address on pre-trial notice

[danthe727man]

My daughter received a speeding ticket in North Alabama in January. Within a week she received the pre-trial notice instructing her to be at court at 9:00 on the county courthouse.

On her court date and time, she arrived at the courthouse which is in the middle of a town square. She used the address on the pre-trial notice as reference. She arrived to find the court house under renovation (this has been ongoing for two years). The clerks office has continued to mail out pre-trial notices with the closed court house address.

She approached the court house on the only side that was not blocked off by chain link fence which appeared to be the main entrance. There was no notice that the court house was closed. I did later find out there is one sign on another side of the court house but was not visible to her.

She called the toll free number on the pre-trial notice to inquire. This was a number to a court help line located in Montgomery. The agent assured her she was at the correct location and was unaware the court house has been closed for at least a year. The State's website also lists directions to this location. I did find a notice on the county website that the court was taking place in an alternate location. No one outside of the city would reasonably know that the court house was under renovation.

The traffic office forwarded her call to the local county office. No one answered so she left a message. She left back home after waiting for about an hour. That office later called back around 2p.m. that day.

I did manage to get someone to give her a new court date which is coming up in 2 weeks. Should I go to court with her and ask the judge to dismiss the case based on the fact that the clerks office was sending pre-trial notices with the wrong address?

 

[mightymoose]

It won't be dismissed for that. They have already made things right by giving a new court date. Your appearing with her will do no good at all unless your daughter is a minor.

 

[army judge]

My daughter received a speeding ticket in North Alabama in January. Within a week she received the pre-trial notice instructing her to be at court at 9:00 on the county courthouse.

On her court date and time, she arrived at the courthouse which is in the middle of a town square. She used the address on the pre-trial notice as reference. She arrived to find the court house under renovation (this has been ongoing for two years). The clerks office has continued to mail out pre-trial notices with the closed court house address.

She approached the court house on the only side that was not blocked off by chain link fence which appeared to be the main entrance. There was no notice that the court house was closed. I did later find out there is one sign on another side of the court house but was not visible to her.

She called the toll free number on the pre-trial notice to inquire. This was a number to a court help line located in Montgomery. The agent assured her she was at the correct location and was unaware the court house has been closed for at least a year. The State's website also lists directions to this location. I did find a notice on the county website that the court was taking place in an alternate location. No one outside of the city would reasonably know that the court house was under renovation.

The traffic office forwarded her call to the local county office. No one answered so she left a message. She left back home after waiting for about an hour. That office later called back around 2p.m. that day.

I did manage to get someone to give her a new court date which is coming up in 2 weeks. Should I go to court with her and ask the judge to dismiss the case based on the fact that the clerks office was sending pre-trial notices with the wrong address?

You can attempt to ask the judge a question.
If you try that technique, you would ask the judge if you can be heard.
That's the easy part, because if the judge does recognize you and allows you to address the court, you might not receive an answer.
If you are answered, your request will be denied.
No harm, no foul, nothing you've posted relates in anyway to the charge(s) your daughter will answer in a few days.

If traffic school is allowed in your state (and your daughter's charge is eligible for traffic school), I suggest you advise her to take traffic school, or request DEFERRED ADJUDICATION - GOOGLE it!

 

[txls]

The wrong address on the notice caused her to miss her court date. She got a new court date. None of this changes the facts regarding her speeding ticket.

 

[danthe727man]

I can have her ask the judge. She is a little timid and has never been to court. The expected outcome is she pleads guilty, takes a driver safety course, and has the ticket dismissed.

I am just angry that the court clerk is too lazy to change his computer program and she has to make another 150 mile round trip. This was not a short term closure. The court has is expected to re-open in 2016 and has been closed at least a year. The temporary court is on a different street and 1/2 mile away.

And thanks to all the other replies as well.

 

[Betty3]

I can't see the case getting dismissed due to a wrong address on pre-trial notice. They gave her a new court date & she did get a driving ticket which caused all this.