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Thread: not oc related, but I do do need advice.

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    I got a traffic ticket in Sheboygan back in Feb. I always fight them, so I pleaded not guilty. I was scheduled a hearing, but I couldn't make it. I hand delivered a letter to the clerk of courts saying I couldn't make the hearing, I asked for a continuance. They said fine, so I was waiting, and waiting and waiting for a hearing to be scheduled. I finally got a letter from the Court, I thought it would be the notice for the next hearing. Nope, it was a letter saying I was found guilty because I had never responded!! I called the clerk and complained, she told me to write the judge. Any other ideas!!!?

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    ANAL, but i believe you have to show up in court and ask for a continuance. The Clerk is not obliged to reschedule a date for you without the authority of the judge. I could be wrong but maybe jrm can shed some light on this.

    At this point I think you may be screwed.

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    nope, because I've done this before.

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    Doug Huffman wrote Sun Aug 9th, 2009 01:33 pm:
    I get no end of schadenfreude...
    The op has complained of predictability.

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    This is Doug isnt it, I don't believe you are allowed more than one screen name.

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    Regular Member Hendu024's Avatar
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    From the experiences that I've had, once you are convicted (or found guilty, if you prefer) you are pretty much done. You might be able to find a way to appeal it, but it will most likely require a lot of letters and time, probably be easier to just pay the ticket and get over it.

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    Regular Member hunter9mm's Avatar
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    This is an interesting link

    http://www.freebase.com/view/en/captain_nemo





    Dustin check your PM

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    thanks hunter

    And no, I will not just pay the fine and be done with it. My rights were violated. I'm not going to just lay down and take it.

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    http://www.freebase.com/view/en/captain_nemo
    Captain Nemo also known as Prince Armitage Ranjit Dakkar is a fictional character featured in Jules Verne's novels Twenty Thousand Leagues Under the Sea (1870) and The Mysterious Island (1874). Nemo, one of the most famous antiheroes in fiction, is a mysterious figure. The son of an Indian Raja, he is a scientific genius who roams the depths of the sea in his submarine,...
    Santo frijoles! It must be me, 'scientific genius' roaming the stormy seas of the interwebzz in my submarine the USS UstaFish. Ja ja ja ja.

    Of course, having read most literature fundamental and classical, I have not need of 'freebasing'.

    'More Guns - 3rd ed., last lines of the Introduction, p21, "..., there is also little benefit from training requirements ... for concealed-handgun permits." Unchanged from the first edition!

    And I do so enjoy schadenfreude, a delicacy best eaten coolly.




  10. #10
    Regular Member Hendu024's Avatar
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    Dustiniac wrote:
    I got a traffic ticket in Sheboygan back in Feb. I always fight them, so I pleaded not guilty. I was scheduled a hearing, but I couldn't make it. I hand delivered a letter to the clerk of courts saying I couldn't make the hearing, I asked for a continuance. They said fine, so I was waiting, and waiting and waiting for a hearing to be scheduled. I finally got a letter from the Court, I thought it would be the notice for the next hearing. Nope, it was a letter saying I was found guilty because I had never responded!! I called the clerk and complained, she told me to write the judge. Any other ideas!!!?
    Just sounded like you were one of those people who always contests the ticket in the hopes that the cop won't show up and you'll get off from paying the fine. But if your rights were indeed violated, I would fight it as well.

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    Hendu024 wrote:
    But if your rights were indeed violated, I would fight it as well.
    I got a traffic ticket in Sheboygan back in Feb. I always fight them, so I pleaded not guilty. I was scheduled a hearing, but I couldn't make it. I hand delivered a letter to the clerk of courts saying I couldn't make the hearing, I asked for a continuance. They said fine, so I was waiting, and waiting and waiting for a hearing to be scheduled. I finally got a letter from the Court, I thought it would be the notice for the next hearing. Nope, it was a letter saying I was found guilty because I had never responded!! I called the clerk and complained, she told me to write the judge. Any other ideas!!!?
    No rights violations in the OP unless your imagination is better than mine.

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    So the fact that I was denied a hearing isnt a violation? Doug, I sincerely believe its time you find a new forum, one where you can play with all the other kiddies.

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    Regular Member Cobra469's Avatar
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    I know in Milwaukee and a few other places you can request to have the case reopened within 6 months. This goes for civil as well as traffic cases. You have to submit in writting why you want the case reopened. Not sure if the judge can deny the request or not but I have done that before with traffic violations as well as recently with a civil case that was supposed to have been dropped and was paid prior to the court date. The traffic cases was because I was required out of state for an estate hearing that was set up prior. But during those two traffic cases I also wrote a letter to the court with advanced notice. I was told that I could not reschedule the date and that I would have to take it up with the judge after the fact. My transcripts of the recorded phone call was included in my request to reopen the cases.



    I can't speak for anybody else but this was my experience. Whether I was just lucky or if it is the policy I have no idea.

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    Dustiniac wrote:
    My rights were violated. I'm not going to just lay down and take it
    Then bend over and take it.

    Dustiniac wrote:
    So the fact that I was denied a hearing isnt a violation? Doug, I sincerely believe its time you find a new forum, one where you can play with all the other kiddies.
    You haven't told us, yet, child, which right that would be.

    As to your beliefs, I don't give a fig, that you don't want to 'play'. You're screwed and I'm enjoying my schadenfreude du jour, coolly and a la mode.

  15. #15
    Regular Member Cobra469's Avatar
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    Master Doug Huffman wrote:
    Dustiniac wrote:
    My rights were violated. I'm not going to just lay down and take it
    Then bend over and take it.
    Or not Dougieboy


    http://www.co.waushara.wi.us/images/...fic%20Case.pdf

    While that is in reference to a Waukesha case it does reference state statutes 806.07 and 345.51. Granted it is still up to the court to determine if you have just cause to re-open the case and may cost a non-returnable fee.

    Here is another link giving the same advise from 2 lawyers.

    http://www.avvo.com/legal-answers/ca...s--196514.html





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    Cobra469 wrote:
    http://www.co.waushara.wi.us/images/Motion%20to%20Reopen%20Traffic%20Case.pdf

    While that is in reference to a Waukesha case it does reference state statutes 806.07 and 345.51. Granted it is still up to the court to determine if you have just cause to re-open the case and may cost a non-returnable fee.
    Let us see, counselor (that's sarcasm for you unlettered), how these statutes apply to the case at hand.

    806.07 Relief from judgment or order.
    (1) On motion and upon such terms as are just, the court, subject to subs. (2) and (3), may relieve a party or legal representative from a judgment, order or stipulation for the following reasons:
    (a) Mistake, inadvertence, surprise, or excusable neglect;
    (b) Newly−discovered evidence which entitles a party to a new trial under s. 805.15 (3);
    (c) Fraud, misrepresentation, or other misconduct of an adverse party;
    (d) The judgment is void;
    (e) The judgment has been satisfied, released or discharged;
    (f) A prior judgment upon which the judgment is based has been reversed or otherwise vacated;
    (g) It is no longer equitable that the judgment should have prospective application; or
    (h) Any other reasons justifying relief from the operation of the judgment.
    Ah yes, there it is, the court will find the neglectful conduct excusable. Riight. Opie's screwed tatooed blued.

    345.51 Reopening of default judgment.
    Except as provided in ss. 345.36 and 345.37, there shall be no reopening of default judgments unless allowed by order of the trial court after notice and motion duly made and upon good cause shown. The notice of motion shall be filed within 6 months after the judgment is entered in the court record. Default judgments for purposes of this section include pleas of guilty, no contest and forfeitures of deposit.
    345.36 Not guilty plea; continuance; failure to appear.
    (1) If the defendant pleads not guilty and requests a continuance the court shall set a date for trial or advise the defendant that notice will later be sent of the date set for trial. The court shall release the defendant if he or she posts an appearance bond, or the court may release the defendant on recognizance or without bail. A defendant not so released shall be committed to jail to await trial. (2) If a defendant fails to appear at the date set under sub. (1), the court shall either: (a) Issue a warrant under ch. 968 and, if the defendant has posted bond for appearance at that date, the court may order the bond forfeited; or (b) Deem the nonappearance a plea of no contest and enter judgment accordingly. If the defendant has posted bond for appearance at that date, the court may also order the bond forfeited. The court shall promptly mail a copy of the judgment to the defendant. The judgment shall allow not less than 20 days from the date thereof for payment of any forfeiture, plus costs, fees, and surcharges imposed under ch. 814. If the defendant moves to open the judgment within 20 days after the date set for trial, and shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise, or excusable neglect, the court shall open the judgment, reinstate the not guilty plea, and set a new trial date. The court may impose costs under s. 814.07. The court shall immediately notify the department to delete the record of conviction based upon the original judgment.
    This is just too much fun, watching y'all try to read law but only to find what pleases you - just like OCDO.

    Schadenfreude du jour!

  17. #17
    Regular Member Cobra469's Avatar
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    I do beleive that it is up to the judge to determine if it is excusable. Furthermore those statutes are refferrencing the timelines for filing for a motion to reopen a case. And third from the last link you will see LAWYERS offering the same advise to somebody who plead guilty that he may be able to reopen the case just to save points on his driveing record. And finally you forget the main motivation for the courtroom $$$$$$$$$.

    Regardless of your opinion Doug the ability to file a motion is always available. Whether that motion will be granted is up to the judge themselves. And it has happened before regardless of your lack of experience in filing these motions and law degree. And yes before you say it I have no law degree either but others who have a law degree has even said that you can file a motion.

    The biggest question would be is it worth the $25-50 non-refundable fee that can come along with the granting of the motion?

  18. #18
    Regular Member Cobra469's Avatar
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    Master Doug Huffman wrote:
    Cobra469 wrote:
    http://www.co.waushara.wi.us/images/Motion%20to%20Reopen%20Traffic%20Case.pdf

    While that is in reference to a Waukesha case it does reference state statutes 806.07 and 345.51. Granted it is still up to the court to determine if you have just cause to re-open the case and may cost a non-returnable fee.
    Let us see, counselor (that's sarcasm for you unlettered), how these statutes apply to the case at hand.

    [shadow=red]unless allowed by order of the trial court after notice and motion duly made and upon good cause shown[/shadow]. The notice of motion shall be filed within 6 months after the judgment is entered in the court record. Default judgments for purposes of this section include pleas of guilty, no contest and forfeitures of deposit.
    This is just too much fun, watching y'all try to read law but only to find what pleases you - just like OCDO.

    Schadenfreude du jour!

    Maybe he had a good cause to not be able to show up to court? After all is that not for the court to decide rather than a forum troll with too much time on his hands?


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    Cobra469 wrote:
    Furthermore those statutes are refferrencing the timelines for filing for a motion to reopen a case.
    The author of the 'form' wants the referenced statutes only as establishing the limitations in time for filing. The court will read the statutes as a gestalt and with experience.

    Wisconsin statute law is very much like the interwebzz, with a search engine one can find pretty much what ever one seeks but it is the reality of the whole that screws Opie.

    "You can get anything you want at Alice's Restaurant. 'Ceptin' Alice."

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    Regular Member Cobra469's Avatar
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    Master Doug Huffman wrote:
    Cobra469 wrote:
    Furthermore those statutes are refferrencing the timelines for filing for a motion to reopen a case.
    The author of the 'form' wants the referenced statutes only as establishing the limitations in time for filing. The court will read the statutes as a gestalt and with experience.

    Wisconsin statute law is very much like the interwebzz, with a search engine one can find pretty much what ever one seeks but it is the reality of the whole that screws Opie.

    "You can get anything you want at Alice's Restaurant. 'Ceptin' Alice."
    Did I say the author? No. Don't put words in my mouth. The reason I put those references there was to reffernce the timelines. Would you like me to spell out everything I say to you Doug? Or are you going to ASSume what you want and twist everything everybody says to meet your own fairyland reality in your little world?

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    Dustiniac wrote:
    I got a traffic ticket in Sheboygan back in Feb. I always fight them, so I pleaded not guilty. I was scheduled a hearing, but I couldn't make it. I hand delivered a letter to the clerk of courts saying I couldn't make the hearing, I asked for a continuance. They said fine, so I was waiting, and waiting and waiting for a hearing to be scheduled. I finally got a letter from the Court, I thought it would be the notice for the next hearing. Nope, it was a letter saying I was found guilty because I had never responded!! I called the clerk and complained, she told me to write the judge. Any other ideas!!!?
    Maybe.

    The clerk told Opie what to do but Opie didn't like that direction. I wonder why? Opie ought to take it like a man, like a good soldier, after throwing away the clerk's offer of vaseline.

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    Cobra469 wrote:
    Did I say the author? No. Don't put words in my mouth. The reason I put those references there was to reffernce the timelines. Would you like me to spell out everything I say to you Doug? Or are you going to ASSume what you want and twist everything everybody says to meet your own fairyland reality in your little world?
    The statutes are cited in the form PDF. Did you write it or even read it?

    Again, the author may have wanted the cites only to establish time limitations but their scope is broader than that. Schadenfreude du jour!

  23. #23
    Regular Member Cobra469's Avatar
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    Master Doug Huffman wrote:
    Dustiniac wrote:
    I got a traffic ticket in Sheboygan back in Feb. I always fight them, so I pleaded not guilty. I was scheduled a hearing, but I couldn't make it. I hand delivered a letter to the clerk of courts saying I couldn't make the hearing, I asked for a continuance. They said fine, so I was waiting, and waiting and waiting for a hearing to be scheduled. I finally got a letter from the Court, I thought it would be the notice for the next hearing. Nope, it was a letter saying I was found guilty because I had never responded!! I called the clerk and complained, she told me to write the judge. Any other ideas!!!?
    Maybe.

    The clerk told Opie what to do but he didn't like that direction. I wonder why? Opie ought to take it like a man, like a good soldier, after throwing away the clerk's offer of vaseline.
    It is what it is Master Troll. If he wants to file a motion to reopen the case than that is his right under Wisconsin State Statute (which was previously quoted so don't start demanding which ones). The rest would be up to the courts, not the trolls.:celebrate

    I'm done working so time to go home and sleep.

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    This is "work"?

    Over and out. Yum yum!

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    Doug, get the **** outta my thread.

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