A Horror Story in 2 Acts

[Kickflip89]

O.K. I need to vent a little, so I'm going to post this as a cautionary tale about legal mishaps. The moral is: even if you haven't done anything wrong, and you think you are doing everything right, life sucks and the state of Florida doesn't care about you (too specific?).

Act I
​

Back when I filled out my paperwork for the EPSQ, I put that I didn't have a police record, which I didn't. I filled all of this paperwork out in early January. Later that same month, my parents got a letter in the mail stating that my license was going to be suspended because I failed to pay a traffic ticket.

My initial thoughts: WTF, did they get me speeding on camera or something and never send me a ticket?

So, the next day I get the letter from them, see that the citation is from Pasco county (Tampa), a place I haven't been to since middle school. Ok that's weird. So I call them up and they inform me that "I" was involved in a traffic accident on November 2nd, and there was something like $5000 worth of damages. "I" also live at an address in a town in Pasco county.

me: What should I do?
them: I don't know sounds like you're a victim of identity fraud
me: ok, so what should I do?
them: well, I can give you the number of the trooper who wrote the citation
me: ok...what about my license getting suspended?
them: Well, you should probably plead not guilty and wait for a court date
me: ok (do that, pay about $60 in fees to keep license from being suspended)
​

I tell my recruiter about this, who says it probably won't be a big deal since it's traffic-related, just keep her informed. I check my credit record for identity theft...looks normal

Next I try calling the trooper who wrote the citation...leave two voice messages...no response. Fine. I go to student legal services, they refer me to a traffic lawyer who basically says, yeah you should plead not guilty and try to get the Judge to say the citation was issued in error. At this point I have found my bank records that show purchases in Tallahassee on the 1st, 2nd, and 3rd and am pretty confident this should be resolved quickly.

Act II
​

Months go by, I get a pro-rec, I keep calling the court, I know they have my address because they sent me a clearance form for my license. Still no court date. I am physically qualified for SNA...still no court date. Hmm I've been selected and finals are coming up and I haven't called the court in a while (MISTAKE).

So, this weekend my parents get a letter saying my license is going to be suspended because I failed to show up at court...WTF???

This morning I called the court and this was about our conversation:

me: Hello, apparently you're suspending my license, I'd like to stop this since I never received notice of a court date.
them: You live at ("my" address in pasco county) right?
me: NO!!! I LIVE IN TALLAHASSEE I AM NOT INVOLVED IN THIS MESS!!!
them: Oh, well you can't do anything about your license until you DO SOMETHING ABOUT THE WARRANT OUT FOR YOUR ARREST

That's right, there's been a warrant out for my arrest since late DECEMBER because "I" fled the scene of the accident and no one bothered to tell me this. How they even knew to give "me" or me a ticket if "I" fled the scene is something that is still not clear to me. Hopefully, in addition to the bank records that show I made purchases in Tallahassee on the Nov 2nd, I should also have a time sheet from my work that shows I worked there that day.

I have an appointment to see a Lawyer on Wednesday, I notified my recruiter today and am anticipating NOT making the June 9 OCS date I'd been slated for...I may even have to find a lease since mine runs out in August and this could take a while to sort out.

Florida hates me.

The end (I know it's long).

 

[BigIron]

So who's the dork living at the address in Pasco Co? This sounds like the key to the mystery to me.

 

[Tom]

That's horrible. Invest in a good attorney. Good luck with all this sh!t.

 

[snow85]

uh, yeah. once you're notified by the court, you have to follow up.


you might have more than one warrant on your head. one for "fleeing", and...
if you have a court date and you don't show, the computer automatically issues a warrant for your arrest.

what i think is strange about your story, is that you begin by saying that you got a letter re: suspension of your license. the court would have sent your DATE info to the same address.

when you thought you were a victim of identity theft, you should have written a letter to the court, explaining where you were on that day, copies of receipts/bank account info to prove where you were, and definitely note the CORRECT address info, which they somehow had, since this whole thing started with you receiving a letter.

btw, if someone reported your license, the court can find you that way. it's entirely possible that the person at the accident scene reported the wrong license number to the police.

unfortunately, b/c you didn't work with the court in the beginning, you have to pay attorney's fees, probably court adminstrative fees, etc.

holler and let us know how it turns out.

 

[SETX07]

Yeah, Florida hates me too. I got a speeding ticket in Disney World over spring break on my first night there. How magical right? Ha. I think your story wins though. Good luck with that trash.

 

[Kickflip89]

you might have more than one warrant on your head. one for "fleeing", and...
if you have a court date and you don't show, the computer automatically issues a warrant for your arrest.

what i think is strange about your story, is that you begin by saying that you got a letter re: suspension of your license. the court would have sent your DATE info to the same address.

when you thought you were a victim of identity theft, you should have written a letter to the court, explaining where you were on that day, copies of receipts/bank account info to prove where you were, and definitely note the CORRECT address info, which they somehow had, since this whole thing started with you receiving a letter.

btw, if someone reported your license, the court can find you that way. it's entirely possible that the person at the accident scene reported the wrong license number to the police.

I agree I dropped the ball on the court date. I was calling the court periodically to ask them if I had been slated yet...unfortunately not periodically enough.

Couple of notes
1) the driver's license beraeu sent all suspension notices to my parents because that is still the address on my driver's license

2) there are two pasco county courts, the first one I dealt with had my real address, because I had them send me a clearance for my license after pleading NOT GUILT. Unbeknownst to me, the court that was dealing with my case did NOT have my real address, which is why I never received notification that I had been slated.

3) I admittedly did not take this seriously enough at first, and am paying for the mistake. The moral of the story is, don't screw around like I did just because you didn't do anything wrong. Bad legal advice can get you in legitimate trouble (even if it is bureaucratic in nature).

 

[Flash]

That's horrible. Invest in a good attorney. Good luck with all this sh!t.

That is probably the best advice. I would further advise that you get a local one in Pasco County that knows the courts and the local lay of the land. If your family knows and trusts an attorney in your hometown he might be able to give you a name or two in Pasco, or know someone who could, they usually have a lot of law school classmates and former colleagues. Someone who knows the court and the local police can get things done a lot quicker than one who is half a state away. It might cost you a bit in the short term but it is usually worth it in the long term.

Another thing is that you should notify all three credit agencies about possible fraud and check your credit rating and history as well (it might cost $20, but again it is worth it). You want to make sure that you don't have more damage than an arrest warrant.

Explain all of this to your recruiter, hopefully it will all work out.

 

[Kickflip89]

That is probably the best advice. I would further advise that you get a local one in Pasco County that knows the courts and the local lay of the land. If your family knows and trusts an attorney in your hometown he might be able to give you a name or two in Pasco, or know someone who could, they usually have a lot of law school classmates and former colleagues. Someone who knows the court and the local police can get things done a lot quicker than one who is half a state away. It might cost you a bit in the short term but it is usually worth it in the long term.

I've actually been considering this. I get another free consultation through student legal services and I'll ask the guy about doing this. Mostly I wanted to know what I should do about the warrant. I figure the best thing is to go ahead and turn myself in and post bond ($500), but if there's an easier way to get the charge dismissed then I'd rather do that.

Another thing is that you should notify all three credit agencies about possible fraud and check your credit rating and history as well (it might cost $20, but again it is worth it). You want to make sure that you don't have more damage than an arrest warrant.

Checked credit, and it looks ok.

Explain all of this to your recruiter, hopefully it will all work out.

I notified her and am planning on giving her copies of the citations and my time sheet from work etc. if necessary.

 

[Flash]

Looks like you are already most of the right things, I couldn't tell from the details that you provided. Just keep an eye on your credit for a while if not already.

Good luck and let us know how it works out.

 

[joboy_2.0]

I'm not saying cops are dumb, but PEOPLE are dumb. I was involved in a hit and run once (in my mom's car- I was 17) and immediately reported it to the CHP. I went in and filed a report, had my insurance handle it and all was well. Like a month later, I get this letter in the mail saying that I was involved in a hit and run, and that if I didn't report to the CHP office (where I had filed the report) than my mom (owner of the vehicle) would be arrested in a week's time.

I was furious. I called the CHP office and they actually had me come down to the station again to explain to them that I was the one who reported the hit and run, and the only reason they know about it was because of ME! They finally realized how retarded they had been and sent me on my way....This story definitely tops mine, but this is crazy how people mix things up and things get so out of control...

Good luck!

 

[schwarti]

Damn. All I can say is, good luck, friend.

 

[Flying Low]

You should get online and get a copy of your driving record. See what the DMV has listed for address and prior driving history. Call the police department and see if you can get a copy of the accident report either mailed or faxed to you. Then track down the other party involved. They should remember that you were not the one that hit them. Also what vehicle was involved? Who's name was it registered in? Tag Number? These things are just a start. BTW if you do turn your self in do not do it on a Thursday. You could end up spending the whole weekend in jail. Most courts do first appearance by VTC. So they have to wait until the actual paper makes it from the court house to the jail. If it doesn't make it on time then you could be stuck over the weekend (Depending on your release requirements). Be sure to set the bond up ahead of time and if possible your lawyer.

 

[snow85]

I've actually been considering this. I get another free consultation through student legal services and I'll ask the guy about doing this. Mostly I wanted to know what I should do about the warrant. I figure the best thing is to go ahead and turn myself in and post bond ($500), but if there's an easier way to get the charge dismissed then I'd rather do that.

Checked credit, and it looks ok.

I notified her and am planning on giving her copies of the citations and my time sheet from work etc. if necessary.

what you NEED to do is call the bail bonding agency and go pay your bail. it's not going to be a pretty, but it will keep you from getting arrested since you have a warrant. the agency will give you all KINDS of instructions re: your next court date and notifiying them of your appearance, etc. and you MUST follow those to the letter or you WILL be hunted down and arrrested.

then, you need to call the court that issued the warrant, ask to speak to the CLERK of Court (and no one else), and explain what happened, and that you need a new court date. tell them that due to your military committment, you need one ASAP. then, get that IN WRITING from the Clerk. after that, you MUST appear on that date.

my guess is that the person involved in the accident did flee, and the victim got the tag # wrong. it happens.

at this point, there is no easier way to do to this. check your pm.

 

[scoober78]

Capital letters...they are your friend.

the agency will give you all KINDS of instructions re: your next court date and notifiying them of your appearance, etc. and you MUST follow those to the letter or you WILL be hunted down and arrrested.

Good advice...otherwise this guy will come get you...

http://www.e-hawaii.com/stars/index/duane_dog_chapman/images/duane_dog_chapman.jpg

 

[BigIron]

my guess is that the person involved in the accident did flee, and the victim got the tag # wrong. it happens.

So why don't the police do a little investigation and follow up on this kind of thing? Instead, they take someone's word and warrants get issued and then it is up to person falsely accused to figure it all out.