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Was my traffic ticket vacated /dismissed?
Anonymous8 views3 answers
I had traffic court, a bench trial where I was fighting a ticket for 'failure to reduce speed'.. I was sent to the ER from the courthouse before the trial. I went online to see what date it was continued to be on... I saw this in the records... So, will I have court on October 15th, or October 21st or was it dismissed/vacated?
09/14/2015 BENCH TRIAL (10:00 AM) (Judicial Officer...)
Result: Continued/Reset
09/14/2015 ORDER - CONT'D
09/14/2015 ORDER - CONT'D
10/15/2015 PRE TRIAL (1:00 PM) (Judicial Officer...)
10/21/2015 CANCELED PRE TRIAL (9:00 AM) (Judicial Officer...)
Vacated
No, it does not appear to be dismissed though I would seek guidance from the circuit court clerk in the county in which you are facing the ticket. You will most likely have court on the 15th of October. The reason why the date was cancelled varies but in general, those kinds of things happen because the court is attempting to correct an error. For example, if the case is handled by a local prosecutor, they may have mistakenly continued it to a date when they would not be present. Catching their error, they struck the bad date and set it on the correct date. That is the most likely scenario. If the case were dismissed however, you would have no future court dates.
Another possibility is that the prosecutor later learned that the complaining witness (the victim) would not be available on the day it was original set and the prosecutor advanced the court date. In these scenarios, it is routine practice to strike the future court date.
Regardless of the reason, you can without a doubt get a clear answer by contacting the circuit court clerk, providing them with your case number, and getting an explanation. That would be my recommendation. When you do so, be sure to be extra polite because they are doing you a favor and some court clerks can technically charge you for case searching services so being polite makes this process much smoother.
Hope that helps and let us know if you have questions in the future.
Sincerely,
Jason A. Wilkins
Traffic Attorney