Traffic fine - non-admission of guilt - no summons? Any lawyers around?

K3NS31

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Hi All

Hoping someone can help out / give some advice, please.

The City of CT dug out an old fine for my wife from 2018. Sent her an SMS to notify her. We check on Paycity and it says she had to appear in court but missed the date. And we can't pay the fine online.

So we call them to find out why she never got a summons - according to them, because it's a "non-admission of guilt" fine, you must go to court to pay it; so they don't have to get a signed summons, just the normal fine / notice is sufficient.
Furthermore, since she missed the original date (in 2018), my wife now has to call the court to make an appointment to see them.

I was under the impression that you have to sign a summons for any court appearance. And they're supposed to keep it on record to prove that they summoned you. Am I wrong?
 

Nemus

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IIRC, big fines (over R2500) cannot be paid directly, you have to appear in court. Does that fine not then act as the summons?
 

K3NS31

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IIRC, big fines (over R2500) cannot be paid directly, you have to appear in court. Does that fine not then act as the summons?
But how do they know you received it? Isn't that why they get your signature for summons on normal fines? If so, why go to all that trouble for a "small" fine, then leave the big fine to chance?
Doesn't make sense to me.
 

K3NS31

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Hm, just re-read the fine - it says this:
"THIS FINE CARRIES NO ADMISSION OF GUILT. A SUMMONS WILL FOLLOW AND THE FINE AMOUNT WILL BE DETERMINED BY THE COURT"

So, we never received the summons. What now?
 

Gtx Gaming

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2018 its more than 1.5 years now its expired probably by now.

Just sit and wait for summons.
 

seted

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That SMS makes no sense. You need to ask them for a copy of the original fine because it might incorporate a notice to appear (aka summons) into the fine. If this is the case, then your options are to (1) appear in court on that date or (2) sign the admission of guilt and pay the fine. If the municipality is telling you to pay at court it is probably an admission of guilt fine.

When your wife failed to appear, the court may have issued a warrant of arrest, or the NPA is still intending to request a warrant of arrest. They may also have decided not to prosecute. Sometimes these things just fall through the cracks. You should query the matter with the clerk of the criminal court at your local magistrates' court. They should have a record.

If there is a warrant of arrest you need to speak to the prosecutor in charge of traffic offences. He or she should be able to advise as whether the warrant was suspended or not and when your wife should appear in court. If the prosecutor is aggressive or unhelpful, you should find a local attorney to assist you. If there is a warrant and your wife is caught in a road block she is going straight to jail until the next court day.
 

K3NS31

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That SMS makes no sense. You need to ask them for a copy of the original fine because it might incorporate a notice to appear (aka summons) into the fine. If this is the case, then your options are to (1) appear in court on that date or (2) sign the admission of guilt and pay the fine. If the municipality is telling you to pay at court it is probably an admission of guilt fine.

...
Thanks
I got the original fine off Paycity. It says no admission of guilt, a summons will be issued.
 

K3NS31

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More info - When my wife called the traffic dept to query this, they said there was a court date. Which means a date was set. My wife definitely didn't get the summons though - we should be able to get a copy of the summons, surely? Or would they set the date pending the summons and then just dropped it when they couldn't get hold of her?
 

greenbean32

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Just make sure when your wife appear, that you have enough cash to pay on the day. If you can't, they will keep her.
 
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Neuk_

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What was the fine for and was it given by a traffic officer? Fines handed in person are a fine and summons but it doesn't sound like this is the case, in which case there should have been summons sent after the fine was sent.
 

xrapidx

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If it was handed to her in person, it'll have a court date on it. (had one of these, forgot about it - and they issued a warrant)

If not - she has to receive a summons - if she hasn't - then they can't really do anything. (wife had one of these, it went away)
 

K3NS31

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What was the fine for and was it given by a traffic officer? Fines handed in person are a fine and summons but it doesn't sound like this is the case, in which case there should have been summons sent after the fine was sent.
No not in person. Was a speeding fine. We didn't even get it in the mail (think they still had her old address); but can see it on Paycity now.
 

K3NS31

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What was the fine for and was it given by a traffic officer? Fines handed in person are a fine and summons but it doesn't sound like this is the case, in which case there should have been summons sent after the fine was sent.
If it was handed to her in person, it'll have a court date on it. (had one of these, forgot about it - and they issued a warrant)

If not - she has to receive a summons - if she hasn't - then they can't really do anything. (wife had one of these, it went away)

Do they just need to send the summons or must they show she received and signed for it.
 

Neuk_

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No not in person. Was a speeding fine. We didn't even get it in the mail (think they still had her old address); but can see it on Paycity now.

Then, as far as I am aware, a summons should have been issued to appear in court.
 

Gtx Gaming

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Do fines expire? Surely not.
Yes ones without summons being served does seem to expire. My parking tickets all expired by now, they removed from paucity even now. There was article somewhere about this while back.
 

Brenden_E

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No not in person. Was a speeding fine. We didn't even get it in the mail (think they still had her old address); but can see it on Paycity now.
It's your responsibility to make sure your address is up to date. So the problem lies with you - they prob sent a summons to the wrong address. In short, it's on you.
 

K3NS31

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It's your responsibility to make sure your address is up to date. So the problem lies with you - they prob sent a summons to the wrong address. In short, it's on you.
OK... assuming you're correct, where does that leave us? What would be the next step?
 

"D"

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OK... assuming you're correct, where does that leave us? What would be the next step?
Make sure that you express your love for each other every day from here on out ... because she might be going to jail for a long, long time.
 
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