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Oklahoma trooper...get a life

zekester

Regular Member
Joined
Mar 28, 2010
Messages
664
Location
Uvalde, Texas
Here is one for the record books.

Coming back from Texas I had a flat on Hwy 69 just outside of Durant OK…My son had apparently taken my jack so I could not change my tire. I was in the process of calling my service to come help me and an Oklahoma State Patrol car pulled up behind me. I was so happy, it was a very small shoulder and I had already told my 16yr old daughter to get out of the car so if we got hit she would not be in danger.

So, I am on the phone, trooper walks up to me and motioned me for my ID…WHAT???….I am on a short shoulder, and this guy wants to check my ID!!! Not fearing anything, I fumbled around, while talking to my service and gave him my DL…

After running my plates, my Dl…he came back…I am still on the phone. When he brought a jack with him I was relieved. I got off the phone after cancelling the service and told Officer Michael Green that I didn’t want to violate any laws and that I was carrying a sidearm. I thought he was going to shoot me on the spot!!!

I informed the officer that it was condition one. He still took my weapon, dropped the mag and turned it to himself to check the SN….POINTED AT HIMSELF….he then racked the slide and the chambered round came out. He yells at me…”You said that there was not one in the chamber”. I told him that I said it was condition one. He says’ You need to be more clear about that”….got to love the informed LEO’S!!

Here comes the fun part…He takes my weapon puts it UNDER a blanket on the passenger seat where my daughter was, and puts the mag and the extra round in the glove box.

I change my tire, gave him back his jack and he ask me to get in the patrol car because he has to fill out paperwork for the “assistance stop”.

He then tells my daughter to get back in car…..guess what, she sat on!!!! That is right, my unloaded weapon. She took the weapon and placed it on the dash in front of the passenger seat.

Now I am in his car and he starts to give me the right act about concealed carry and the like. Meanwhile my 16yr old daughter is in a car with a weapon and knows how to use it…..what an idiot.

Officer Green calls the DA of Bryan County and wants to know what he can charge me with because I didn’t notify him of the weapon…Basically it was told to me, that if I let him search my car for drugs, they would lower the fine…I don’t do drugs and don’t have any…so what the hell. I just want to go home.

Officer Greene, leaving me in his car, goes up to my daughter and starts giving her the right act, “ If you lie to me, and I find illegal drugs in the car, I don’t care if you’re a 16 year old little girl I will take your dad to jail and take you to a shelter and have your mom come pick you up.” my daughter told me this)…He told my daughter to get out of the car and then freaked out!!!…He couldn’t find the weapon that he put on the seat…..yelled at my daughter, which told him it was on the dash…..still…got to love these “well trained officers”

After another 45mn of ripping through all the Christmas presents and finding nothing Officer Green returns to the car….but it is not over with yet!!!

Officer Green informs me that I had been arrested for “discharging a firearm while intoxicated” and that I will have to submit to “blow” especially because I have beer on ice in a cooler.

First of all I was never arrested for anything of the sort…..but I blew because I wasn’t drinking…I just wanted out of there…

After the blow, he then starts giving me a lecture again on how I should know that I “have to notify” police officers that I am carrying a weapon. I politely told him that this is not required in Missouri and he told me that it was a “National” law….WHAT?….What the hell do they teach these idiots?..

Officer Green kept mentioning that he has a concealed carry license and that we both went to the same training and I should know better. Again I just wanted out of there, but I should have told him that the Florida license requires only a DD214 to get a license.

Here is the kicker, and no one should ever doubt that this is a money making machine. Officer Green said that if I wanted to I could go to the courthouse right now and pay the fine and I could be on my way…..I told him to write the ticket and I will handle it another way…

So he did…I got a ticket for failure to notify….$211.50 fine.

I have sent a FOI to the OK Dept of Public Safety for the Video and Audio recordings and I will keep you informed.

Just for a side note...the whole time I was wearing my "I have a gun under this shirt"...t-shirt
 
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Fallschirjmäger

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Messages
3,823
Location
Cumming, Georgia, USA
TITLE 21 § 1290.8. Possession of License Required-Notification to Police of Gun
A. ...
B. ...
C. It shall be unlawful for any person to fail or refuse to identify the fact that the person is in actual possession of a concealed handgun pursuant to the authority of the Oklahoma Self-Defense Act when the person first comes into contact with any law enforcement officer of this state or its political subdivisions or a federal law enforcement officer during the course of any arrest, detainment, or routine traffic stop. No person shall be required to identify himself or herself as a concealed handgun licensee when no handgun is in the person’s possession or in any vehicle in which the person is driving or is a passenger. Any violation of the provisions of this subsection shall, upon conviction, be a misdemeanor punishable by a fine not exceeding Five Hundred Dollars ($500.00), by imprisonment in the county jail for a period not to exceed ninety (90) days, or by both such fine and imprisonment. In addition to any criminal prosecution for a violation of the provisions of this subsection, the licensee shall be subject to a six-month suspension of the license and an administrative fine of Fifty Dollars ($50.00), upon a hearing and determination by the Bureau that the person is in violation of the provisions of this subsection.


Note the conditions specified... "... during the course of any arrest, detainment, or routine traffic stop."

Did the officer seize you to place you under arrest for a suspected crime?
Did the officer detain you to question you because he had a reasonable suspicion that your conduct was illegal?
Did the officer stop you because he making a routine traffic stop?

Gonna be hard for Officer Friendly to testify that he was making a traffic stop and there's no interview nor ticket issued.
 
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okiebryan

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Sep 26, 2011
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Director, Oklahoma Open Carry Association
I have also dealt with this, though I wasn't charged or arrested. The problem is, the OSBI put out the training materials for the CC course in Oklahoma. In those training materials, it says that one must notify "when first coming into contact with a law enforcement officer", but leaves out the qualifiers, "...during the course of any arrest, detainment, or routine traffic stop."

Some officers think that what is in the training materials IS THE LAW, but it is not. The law is what Fallschirmjäger posted above.

I operate a tow truck, and am often called out to impound a vehicle or to clean up an accident. I am not a party to nor the subject of any "arrest, detainment, or routine traffic stop." I don't need to notify. One of the troopers here in OKC disagrees. When I see him at a scene I always waste valuable time making a big show out of notifying him, and make sure the other troopers on scene know why. Meanwhile, traffic continues to back up.

I agree that when the officer stopped to assist you with a flat, you were not "in the course of an arrest, detainment, or routine traffic stop", and subsequently were legally under no obligation to notify under state law. I would defend myself vigorously against this charge.

Edited to add: If Trooper Friendly obtained consent to search by offering to "lower the fine", then his consent is completely bogus. Anything he found could have been tossed out with the help of the crappiest attorney in the world. Consent given under threat of arrest is not given freely, and is not valid. Just one more thing... what possible benefit can ever come from giving consent to search? None. Just say no. "Officer, thanks for the help with the flat, but I don't wish to answer any more questions, and don't consent to searches. Am I free to go?"
 
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skidmark

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Jan 15, 2007
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Location
Valhalla
Dang! (trying very hard to keep this npn-NSFW)

This is just the sort of behavior that drives so many to carry voice recorders and use them whenever legally able to. Fortunately, Oklahoma is a one-party state per http://www.oklegislature.gov/osstatuestitle.html

§13-176.4. Acts not prohibited.
It is not unlawful pursuant to the Security of Communications Act for:
1. an operator of a switchboard, or an officer, employee, or agent of any communication common carrier whose facilities are used in the transmission of a wire, oral or electronic communication to intercept, disclose, or use that communication in the normal course of his employment while engaged in any activity which is a necessary incident to the rendition of his service or to the protection of the rights or property of the carrier of such communication. Said communication common carriers shall not utilize service observing or random monitoring except for mechanical or service quality control checks; or
2. an officer, employee, or agent of any communication common carrier or other person authorized to provide information, facilities, or technical assistance to a law enforcement officer who is authorized to intercept a wire, oral or electronic communication; or
3. an officer, employee, or agent of the Federal Communications Commission, in the normal course of his employment and in discharge of the monitoring responsibilities exercised by the Commission in the enforcement of Chapter 5 of Title 47 of the United States Code, to intercept a wire, oral or electronic communication transmitted by radio or to disclose or use the information obtained; or
4. a person acting under color of law to intercept a wire, oral or electronic communication when such person is a party to the communication or one of the parties to the communication has given prior consent to such interception; or
5. a person not acting under color of law to intercept a wire, oral or electronic communication when such person is a party to the communication or when one of the parties to the communication has given prior consent to such interception unless the communication is intercepted for the purpose of committing any criminal act; or

If you had a recorder and were operating it, I would urge you to send a copy to the Internal Affairs Unit of whatever department this cop is paid by. Offering to reduce a fine in exchange for you agreeing to a search for drugs is probably not acceptable per policy.

I add my support for the idea of contesting the ticket. It may cost you time and $$ to return to OK in order to do it, but getting Officer Green to hear from his local judge that he (Officer Green - I have no data regarding the judge:D) is a jerk would seem to be worth the cost.

Please let us know how this finally ends.

stay safe.
 

hrdware

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Feb 8, 2011
Messages
740
Location
Moore, OK
There is also this little gem in Title 21, section 1290.8

E. Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly concealed without probable cause that a crime has been committed.

Last time I checked, changing a flat was not considered a crime. And as you were not under arrest, detainment or a routine traffic stop, no other crime seems to have been committed.

I have only had 2 run ins with LE while CC. One was a routine traffic stop which I notified right away...non issue. Second was when I was involved in an accident, don't know if that would be considered a routine traffic stop or not, but I notified anyway...another non-issue.

Sounds like the officer was just out to harass you. Sorry for the inconvenience while visiting our state, and good luck fighting that ticket.
 

zekester

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Joined
Mar 28, 2010
Messages
664
Location
Uvalde, Texas
i have decided to sue....this officer put my daughter at risk.....How dare he put her in this position!!!!

Notified today that the FOIA does not cover dashcam video or audio of the stop...must have a subpoena!!

Any lawyer u guys can recommend?
 
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Fallschirjmäger

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Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
i have decided to sue....this officer put my daughter at risk.....How dare he put her in this position!!!!

Notified today that the FOIA does not cover dashcam video or audio of the stop...must have a subpoena!!

Any lawyer u guys can recommend?

Well, of course that only makes perfect sen....WHAAAAA??????
Contact Senator Jim Wilson's office. He sponsored legislation in 2009 to make such videos available to the public.

It would appear from the following, that Oklahoma police departments are doing this as 'a matter of course':
Title 51 said:
B. Except for the records listed in subsection A of this section and those made open by other state or local laws, law enforcement agencies may deny access to law enforcement records except where a court finds that the public interest or the interest of an individual outweighs the reason for denial.
One will note it says 'may' not 'shall'.

"Subsection A" referred to above -
§ 24A.7. Personnel records —Confidentiality—Inspection and copying said:
A. A public body may keep personnel records confidential:
1. Which relate to internal personnel investigations including examination and selection material for employment, hiring, appointment, promotion, demotion, discipline, or resignation;
or
2. Where disclosure would constitute a clearly unwarranted invasion of personal privacy such as employee evaluations, payroll deductions, employment applications submitted by persons not hired by the public body, and transcripts from institutions of higher education maintained in the personnel files of certified public school employees; provided, however, that nothing in this subsection shall be construed to exempt from disclosure the degree obtained and the curriculum on the transcripts of certified public school employees.
Ref: http://www.foioklahoma.org/OpenRecords.pdf
 
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zekester

Regular Member
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Mar 28, 2010
Messages
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Location
Uvalde, Texas
Can't afford the attorney or the time...at this time that is...but ...

01/21/2012


To: Honorable Trace Sherrill
Bryan County, OK
402 W. Evergreen St. 3rd Floor
Durant, Ok. 74701


From: zeke

RE: DPS Citation # L107188

Attachments: Check# 1082 for $211.50 (Under Duress)

Dear Sir or Madam,

I have attached a check (#1082 for the amount of $211.50) under duress. Made out to the County of Bryan, Oklahoma, because I cannot physically or monetarily make it to court on 02/07/2012.

If it were possible to make to it to court I believe I would be able to prove that the violation which I was cited, was neither legal or justified.

My hope is that the court will take the time to look at this citation and find that an injustice was served.

The entire story follows and I would hope that the court look at the Dash Cam video and all audio recordings to verify the story below…I have requested a copy, but was told that I need to have subpoena.(Jan Turney (LM 12-2002) from the DPS of Oklahoma). I can not afford an attorney to request the subpoena, but hope that he court will request this, before a decision in made in this case.










The Facts:

Coming back from Texas, I had a flat on Hwy 69 just outside of Durant OK…My son had apparently taken my jack so I could not change my tire. I was in the process of calling my service to come help me, when an Oklahoma State Patrol car pulled up behind me. I was so happy, it was a very small shoulder and I had already told my 16yr old daughter to get out of the car so if we got hit she would not be in danger.

So, I am on the phone, a trooper walks up to my car, pulls down my trunk, which was open to facilitate the flat, wrote down my License plate number then, the Trooper motioned me for my ID…WHAT???….I am on a short shoulder, and this guy wants to check my ID!!! Not fearing anything, I fumbled around, while talking to my service and gave him my DL….at this time I asked the officer where my location was so that my service can locate me to help me with the flat.

After running my plates, my DL…(assumption).. he came back…I am still on the phone. When he brought a jack with him, I was relieved. I got off the phone after cancelling the service and told Trooper Michael Green that I didn’t want to violate any laws and that I was carrying a sidearm. According to Oklahoma State Law, (Title 21 O.S. Section 1290.8.C) I did not have to inform the officer that I had a weapon, but did so out of courtesy .

Trooper Green then told me to put my right hand on my head so he could inspect the weapon in the holster, ( how many bad guys have a holster?). Trooper Green tells me that he was going to take the weapon.

I informed the officer that there was a round in the chamber. He still took my weapon, dropped the magazine and turned it to himself to check the SN….POINTED AT HIMSELF….he then racked the slide and the chambered round came out. He yells at me…”You said that there was not one in the chamber”. I told him that I indeed told him it was loaded. He says “You need to be more clear about that”

He takes my weapon puts it UNDER a blanket on the passenger seat where my daughter was, and puts the magazine and the extra round in the glove box.

I change my tire, gave him back his jack and he ask me to get in the patrol car because he has to fill out paperwork for the “assistance stop”.

He then tells my daughter to get back in car…..My Daughter knowing that the weapon was on the seat, located the weapon and put it on the dashboard in front of her, fearing an unwarranted response from Trooper Green






Now, I am in Trooper Green’s car and he starts to give me the right act about concealed carry and the like. Meanwhile my 16yr old daughter is in a car with a weapon, although unloaded, she is very well trained in the use of this handgun. She has loaded and shot this weapon on a many occasions, under my supervision of course. She was taught these skills for her own protection.

Officer Green calls the DA of Bryan County( again an assumption, he told me DA) and wants to know what he can charge me with because I didn’t notify him of the weapon…Basically it was told to me, that if I let him search my car for drugs, they would take it easy on me…I don’t do drugs and don’t have any…so I consented to the search.

Officer Green, leaving me in his car, goes up to my daughter and starts giving her the right act, “ If you lie to me, and I find illegal drugs in the car, I don’t care if you’re a 16 year old little girl I will take your dad to jail and take you to a shelter and have your mom come pick you up.” (my daughter told me this)…He told my daughter to get out of the car and then freaked out!!!…He couldn’t find the weapon that he put on the seat…although clearly visible on the dash…yelled at my daughter, which told him it was on the dashboard ( My heart still quivers to the fact that if Trooper Green had seen her move the weapon, what response he would have taken!!!!!!)

After another 45min (seemed like it anyway) of ripping through all the Christmas presents and finding nothing Officer Green returns to the car.

Officer Green informs me that I had been arrested for “discharging a firearm while intoxicated” and that I will have to submit to “blow” especially because I have beer on ice in a cooler.

First of all I was never arrested for anything of the sort…..but I blew because I wasn’t drinking…I just wanted out of there…

After the blow, ( negative by the way) he then starts giving me a lecture again on how I should know that I “have to notify” police officers that I am carrying a weapon. I politely told him that this is not required in Missouri and he told me that it was a “National Law”. This indeed is not the case.

Officer Green kept mentioning that he and his wife have a concealed carry license and that he and I went to the same training and I should know better. Trooper Green is apparently not trained on the aspects of obtaining a Concealed Carry Permit in other states. The Valid permit which I carry from the State of Florida, requires only a DD214 (Veteran) and no felonies to obtain a license.

I, nor my daughter were every physically searched. If this was about drugs, why were we never searched?



Trooper Green issued a citation for failure to notify under Title 21 O.S., Section 1290.8.C which reads as follows:


“ C. It shall be unlawful for any person to fail or refuse to identify the fact that the person is in actual possession of a concealed handgun pursuant to the authority of the Oklahoma Self-Defense Act when the person first comes into contact with any law enforcement officer of this state or its political subdivisions or a federal law enforcement officer during the course of any arrest, detainment, or routine traffic stop. No person shall be required to identify himself or herself as a concealed handgun licensee when no handgun is in the person’s possession or in any vehicle in which the person is driving or is a passenger. Any violation of the provisions of this subsection shall, upon conviction, be a misdemeanor punishable by a fine not exceeding Five Hundred Dollars ($500.00), by imprisonment in the county jail for a period not to exceed ninety (90) days, or by both such fine and imprisonment. In addition to any criminal prosecution for a violation of the provisions of this subsection, the licensee shall be subject to a six-month suspension of the license and an administrative fine of Fifty Dollars ($50.00), upon a hearing and determination by the Bureau that the person is in violation of the provisions of this subsection. “

I was not arrested, or detained because the officer had a reasonable, articulable suspicion that I was engaging or had recently engaged or were about to engage in illegal conduct, nor was there a “routine traffic stop” There was no “stop” whatsoever, it was just an Officer assisting a stranded motorist. If the court will check the record, you will find that Trooper Green gave me a “receipt” showing this to be the case.

According to Trooper Green’s interpretation of the law, If I am in line at a Mc Donald’s, just because I say hello to him, I would have to let him know I have a weapon. This indeed is not the letter of the law. A licensed person should have the right to go about his/her daily business without the “fear” of an officer of the law “harassing” , or “fishing” for a charge. I was changing a tire for GOD’S SAKE!

Based on the facts ( and I pray the court will look into this, including all video and audio of the encounter) and Title 21 O.S. Section 1290.8.C, I was not required to “Notify” in any instance. I did so out of respect and was, in my opinion, harassed, and my daughter was put in danger by the Trooper actions, allowing my daughter to enter a vehicle, when it was known that a weapon was clearly available.

I informed Trooper Green that I was carrying a weapon when I was able to do so, even though, under the current law this was not necessary..





The video/audio will clearly show Trooper Green’s flagrant disregard for his safety and that of the occupants of the vehicle. It will also show that Trooper Green did not physically (pat down) search anyone of the occupants, which shows a blatant disregard for the safety of the occupants of the vehicle and/or that of Trooper Green.

Also, by not searching the occupants of the vehicle, the court should realize the motivation of Trooper Green’s “fishing” for a charge and/or “harassing” a stranded motorist. It clearly shows that drugs or even weapons were never the issue. For lack of a better word, it was a “shakedown”, not to mention that he coerced me to give up my 4th Amendment rights.

A check is enclosed ( # 1082 for $211.50, under duress) for the so called violation. I am not sending this for admission of guilt, I do not wish to have a warrant for my arrest, nor do I have the finances to argue this case in front of you at this time. I hope that the court will give this case due diligence to get to the facts and the court will find that the Trooper in question did not have the sufficient cause or evidence to issue this citation and return the check to me.

I am asking the court to instruct the DPS of Oklahoma to retain all records of this case, including Video/Audio of the entire interaction for further review.

Thank you for you time and consideration.

I await your reply.
 
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SigSauer232

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01/21/2012


After the blow, ( negative by the way) he then starts giving me a lecture again on how I should know that I “have to notify” police officers that I am carrying a weapon. I politely told him that this is not required in Missouri and he told me that it was a “National Law”. This indeed is not the case.

Although the officer is wrong that notification is a national law, and I don't believe you had any obligation to inform him that you were carrying a firearm under Oklahoma law, the fact that Missouri does not require notification has absolutely nothing to do with a stop in Oklahoma. You need to obey the laws of the state you are in, not where you live or where you got your permit.
 

okiebryan

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Sep 26, 2011
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Director, Oklahoma Open Carry Association
Instead of sending in the money (which I believe contests a guilty plea), I would have sent much the same letter... but asked for that letter to serve as my initial appearance and asked for the judge to dismiss the charge. Ive done that before on a contempt of cop (disturbing the peace) charge in Texas that was complete BS. The judge had a court clerk write back to tell me the charge was dismissed.

Edited to add: good letter, BTW.
 
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zekester

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Mar 28, 2010
Messages
664
Location
Uvalde, Texas
The attorney for the DPS has contacted me....he is looking into it...whatever that means

John K. Lindsey
Department of Public Safety
Legal Division

They have not cashed my check yet...hmmmm...guess we will see
 
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okiebryan

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Director, Oklahoma Open Carry Association
The attorney for the DPS has contacted me....he is looking into it...whatever that means

John K. Lindsey
Department of Public Safety
Legal Division

They have not cashed my check yet...hmmmm...guess we will see

That actually is a good sign. There may be a good resolution to this after all.

I can tell you one thing, a motorist assist is NOT a traffic stop, arrest or detention. I don't think that Officer Friendly has a leg to stand on. However, IANAL.
 

Gunslinger

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That actually is a good sign. There may be a good resolution to this after all.

I can tell you one thing, a motorist assist is NOT a traffic stop, arrest or detention. I don't think that Officer Friendly has a leg to stand on. However, IANAL.

No, he doesn't. But the point is moot: when you pay a fine, you have pled guilty. No case exists any longer.
 

zekester

Regular Member
Joined
Mar 28, 2010
Messages
664
Location
Uvalde, Texas
I had to call this morning, because I had not heard from the court and the check wasn't cashed...the clerk told me that the case was dismissed and she is going to fax me the paperwork....when i get it I will let u know...
 

okiebryan

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Messages
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Director, Oklahoma Open Carry Association
No, he doesn't. But the point is moot: when you pay a fine, you have pled guilty. No case exists any longer.

Not necessarily. If you include a letter asking that the letter itself serve as your initial appearance, and a request for dismissal, they will usually do one of two things:

1) enter your appearance and a not guilty plea, deny the motion to dismiss, and keep the check as a bond while waiting for a trial date

or...

2) Dismiss the case and not cash the check.
 
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