I am currently retired from some 30+yrs as a truck driver with a clean driving record "Except",
on trying to renew my CDL-A on 05/10/2011, my birthday,I found that a "Michigan Circuit Court Judge "Charles Lasata" has a hold on my license.!
Back on 02/05/2009 I paid a "reinstatement fee of $20.00 to the Ohio DMV, but some how the info did not get into the system that day.? Late that night I was stopped in a random check and received a ticket for "NOT HAVING PAID THE $20.00 FEE"!AND THAT MEANT I DIDN'T HAVE A VALID LISCENSE"!
I Paid a bond and was let go to finish my run, but the next day I sent the copies of the receipts to the "St. Joseph Mich. court "PROVING THAT I WAS NOT IN VIOLATION"!!
Supposedly the court by way of Judge Lasata, had sent me a "PRETRIAL HEARING NOTICE ON 03/31/2009 DEMANDING THAT I APPEAR IN PERSON TO ANSWER TO THE CHARGE"!?
"WTF",?? "FOR A MINOR TRAFFIC VIOLATION, THAT THEY HAD PROOF OF THAT THE CHARGE WAS UNFOUNDED "!!? (I never received the notice !)
On 05/05/2011 I contacted my state representative and they contacted the
OHIO DEPT OF MOTOR VEHICLES who fired off a fax to judge Lasata saying that the reinstatement fee had indeed been paid on the day of 02/05/2009 "The same day but later that night I was ticketed for a invalid "CDL-A".. "SO EVEN THE STATE OF OHIO WAS BACKING ME "!!
Last week I received a letter from "Judge Lasata him self" saying that sense I had not appeared "IN PERSON"! (some 150+ miles from Home on unfounded charges, "over 300 miles round trip")
HE NOW HAS CHARGED ME WITH NOT ONLY THE FIRST CHARGE BUT HE'S ADDED "CONTEMPT OF COURT" AND MICHIGAN HAS "TWO WARRANTS OUT FOR MY ARREST "!!??? I CAN NOW NOT DRIVE LEGALLY OR LOOK FOR A JOB THAT I HAD 5 APPLICATIONS OUT FOR AND ARE NOW GONE.! SO I COULD HELP PAY RENT, MEDS, "FOR CLINICAL DEPRESSION"AND GAS TO GO TO DOCTORS..ETC..
I'VE CONTACTED EVERYONE I CAN THINK OF, LEGAL AID SOCICETY, STATE REP, TV-11 CALL FOR ACTION, !!ACLU, AMERICAN BAR ASSOCIATION,PRESIDENT OBAMA, AND I'VE RECIEVED NO REPONCE OR TOLD THEY CAN NOT HELP ME !?
SO, CAN ANYONE TELL ME "HOW DOES ANYONE GO ABOUT STOP BEING PROSICUTED FOR "BEING INNOCENT "!!!?? IS THIS A CIVIL OR CONSTITUTIONAL RIGHTS VIOLATION..?
Maybe I should have added "I can not afford a lawyer or even drive to St Joseph Michigan and back
I'm on SS and like everyone else living from hand to mouth..!
Can't help you with that, but it appears you have issues with your caps lock key. Try BEST BUY or NEWEGG.COM for a replacement keyboard.
You need to find a lawyer who is licensed in Michigan who is willing to take your case pro bono. If you have any trucker friends who have used a MI lawyer with respect to any CDL related issue, that is a good starting point.
Be very polite and stay calm with whoever you end up calling, and if they can't take your case be sure to ask them if they can refer you to anyone who can. Don't give up too quickly either, you will find someone to help you!
Seriously, contacts some Teamsters up there?
I know of someone who went to get his Ohio license reinstated only to discover that he owes over $500 in fines in Michigan for a speeding ticket that was paid 4 years previously. This just happened about a month ago.
I'm hoping you writing that you contacted "President Obama" was only frustrated hyperbole...
Otherwise, I agree w/Brainswell. Michigan lawyer, hopefully who knows the judge and can untangle this mess for you with all the parties.
Contact ABLE -- Advocates for Basic Legal Equality, Inc.
If you live in Lucas County:
Call (419) 724-0460
Telephone hours of operation:
9:00 a.m. to 3:00 p.m., Monday through Friday
i second the ABLE suggestion blacjac687. they should be able to help you.
Drive to St. Joseph, Michigan and take care of it in person.
If you need gas money, borrow it from a friend, visit a pawn shop, or do a cash advance on a credit card.
Sounds like we're talking about $80.00 to $120.00 all together, if court costs are dismissed - since you paid the fee anyway (in 2009) - and this whole ordeal isn't even your fault.
Maybe you can find someone on CraigsList (RideShare) that needs a ride, going that way, or coming back to Toledo.
I know it sucks, but hire a local lawyer up there to straighten it out for you. Yes, it costs money, but he may be able to do it without you even having to appear. ABLE won't help as it is a Michigan matter.
As Kurtis Blow said "that's the breaks, that's the breaks"
Agree with ABLE recommendation.
Have you tried contacting the judge? Contrary to popular belief, judges are people. If you contact the judge and explain your case IN A NON-VOLATILE manner, the judge might be more compassionate. If you've already fired off angry letters, then you'll need an attorney.
Most likely the payment, like car insurance, may not have posted until midnight of the day that you paid.
Contact the judge and discuss the issue respectfully.
Like I said, ABLE won't work because it is in Michigan. They likely wouldn't help you if you were in Ohio either, that is not the kind of case they would get involved in.
You cannot contact the judge assigned to your case. That is called "ex parte communcation" and the judge won't read your letters or talk to you on the phone. You need to appear in court or pay someone to represent you. Perhaps both.
Above is not true in citations. Judges will speak with you.
I'm not a lawyer and this isn't legal advice, just my understanding of the way the system works. The problem with these types of things is that courts are set up to decide issues based upon evidence presented. Just because the state of Ohio sent a fax, it doesn't mean that the case can be dismissed. Someone usually has to appear (either you personally or on your behalf) to present the evidence and request the dismissal.
You might want to contact ABLE and ask if they can help you prepare a motion for dismissal. Most courts will accept motions filed via mail as opposed to a personal appearance. A call to the court will let you know how they accept motions so you can make sure to comply with their individual requirements.
The motion could detail all the facts (including explaining why you didn't appear and why you're requesting via motion the dismissal instead of personally appearing now) and then ask the judge to dismiss the case, which will also take care of the bench warrants. The judge can then issue a ruling on the motion and, hopefully, grant the request for dismissal.
You will definitely need an attorney to help prepare the motion to be sure it's done correctly, covering all aspects, and in compliance with the rules of the court. There may be some cost in doing this, but shouldn't be too much.
Michigan courts are notorious for these types of situations... Good luck
Since when did Michigan and Ohio start having reciprocity on tickets?
I agree with JJFad. I know of several people who met with the judge to explain, and the judge dismissed the case or reduced fees for them. They are people, too, and they don't want their dockets packed with cases that can be easily mediated. Good luck!
Since when did Michigan and Ohio start having reciprocity on tickets?
Driver's License Compact/National Driver Register. That's how they get you.
As far as I can remember Ace_Face they have always had reiciprocity "YA WOULD'T WANT EIGHER ONE TO NOT GET EVERY DROP OF BLOOD THEY CAN"! would you..?
And thanks to everyone who offered their helpful information, ....GOD BLESS.....jack