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Is this double jeopardy?

post #1 of 12
7/3/10 at 1:25pm
Thread Starter 
So...about three months ago I got my first speeding ticket. I paid it. About a month later I get a letter from the court saying I was overdue and I owed them $125. ($100 ticket + $25 late fine.) I called the court; they said that I had been entered into the system twice with two separate citation numbers, and they would remove the second citation. Today, I receive a letter saying that if I do not pay the $125, they'll put out a warrant for my arrest.

Obviously, this is incredibly annoying, but is it illegal?
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post #2 of 12
7/3/10 at 1:44pm
I'm not giving you legal advice or anything, but, if a hypothetical person doesn't answer a summons, they can issue a bench warrant regardless of the validity of the summons itself. Having said that, you should sue the municipality for violating your civil rights.
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post #3 of 12
7/3/10 at 2:49pm
Thread Starter 
Maybe I'm misunderstanding, but I did answer the summons. I only received one citation which I paid. I then received a late notice which the court clerk assured me was a mistake and would be removed. Then today I received the second late notice. Both late notices referred to a citation number which I did not receive. My citation number was xx23 and the late notices referred to xx24.
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post #4 of 12
7/3/10 at 2:55pm
I'd go down there to personally fix the problem. Did the person on the phone so he will fix the problem in the system? Did you get his name?
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post #5 of 12
7/3/10 at 5:39pm
Double jeopardy is being tried for the same crime twice. You have been charged twice for the same offense and behavior. In Maryland, the second charge is called duplicitous as it is a duplicate, but I like to attach the common meaning of the word to it. +1 on straightening it out in person, unless the warrant has been issued, in which case I would try the phone again.
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post #6 of 12
7/3/10 at 5:40pm
Quote:
Originally Posted by dragon8 View Post
I'd go down there to personally fix the problem. Did the person on the phone so he will fix the problem in the system? Did you get his name?

This ^

Take your receipt with you to show that you already paid. If you have a name and or employee number that you spoke with I'd take that too. Obviously you're still in the system with that other citation number.
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post #7 of 12
7/3/10 at 7:23pm
Thread Starter 
I wrote her name down, but I can't find the paper I wrote it on. They never mailed me a receipt (are they supposed to?) but the woman I talked to said it showed I had paid. I guess I'll have to go in Tuesday.
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post #8 of 12
7/3/10 at 7:37pm
Quote:
Originally Posted by Jekyll View Post
I wrote her name down, but I can't find the paper I wrote it on. They never mailed me a receipt (are they supposed to?) but the woman I talked to said it showed I had paid. I guess I'll have to go in Tuesday.

Wait are you still talking a ticket or about that hooker from last week you were telling me about on IM?
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post #9 of 12
7/3/10 at 10:39pm
Thread Starter 
Quote:
Originally Posted by MetroStyles View Post
Wait are you still talking a ticket or about that hooker from last week you were telling me about on IM?
Nah, I never get receipts for purchases under $10.


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post #10 of 12
7/3/10 at 10:46pm
It's very difficult to fight the system and win; I wouldn't even argue with them...let alone threaten legal action. Your best bet is to straighten out the situation civilly and in person. It's unfortunate, but that's how it is.
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post #11 of 12
7/3/10 at 11:59pm
Have the dollar values doubled yet? Surprisingly good evening look on Alex:
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post #12 of 12
7/4/10 at 12:04pm
Quote:
Originally Posted by Jekyll View Post
Maybe I'm misunderstanding, but I did answer the summons. I only received one citation which I paid. I then received a late notice which the court clerk assured me was a mistake and would be removed. Then today I received the second late notice. Both late notices referred to a citation number which I did not receive. My citation number was xx23 and the late notices referred to xx24.

Sounds like they issued two summons - one correctly and one incorrectly, and that you answered one of the summons, but not the other. That's why I said that even if a summons was incorrectly issued, they can still issue a bench warrant if you don't answer it.

I'm not trying to tell you what to do, just answering the question you posed of whether it's "illegal."
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