Unbeknownst to me, a driving fine has doubled and moved beyond appeal - or has it?

December 28, 2012 3:46 PM

Unbeknownst to me, a driving fine has doubled and moved beyond appeal - or has it? What recourse do I have? And while pursuing recourse, what should I do about the money owed to avoid further penalty?

I got a ticket. I thought I had paid the ticket (because I paid for a few tickets online). I may have been mistaken.

To complicate matters I switched addresses a few months ago. The court attempted to contact me at my previous address and, for whatever reason, it wasn't forwarded to me until about a month later. The notice told me that if I didn't appear in court or pay the ticket within 30 days (which had just passed) they would charge me about double. So now I owe over $500 and the case has moved to "Revenue Services." The representative at Revenue Services insists that I can no longer appeal in court.

I wish to pay the ticket in full, but not the penalty.

What recourse do I have?
And while pursuing recourse, what should I do about the money owed to avoid further penalty?

posted by jander03 to Law & Government (6 answers total)

Is this a speeding ticket or a parking ticket?
posted by JohnnyGunn at 3:52 PM on December 28, 2012

Response by poster: This is driving without a handsfree device (I was on my cell phone in California).

I have since purchased a bluetooth headset
posted by jander03 at 3:57 PM on December 28, 2012

If you actually did pay the ticket back then (when you were paying the other tickets), then you should try to obtain proof of this. Otherwise, I'm not seeing what argument you have that you shouldn't pay the penalty. You were given the ticket in person, mailed a notice (which is generally considered a courtesy reminder anyway, and your inability to promptly receive mail at the address on your driver's license is not their concern), and didn't pay. Leaving aside the moral issue entirely, I'm sorry to say that I don't know what about your story above would be convincing to a judge or official.
posted by zachlipton at 4:37 PM on December 28, 2012 [3 favorites]

Not a lawyer but if you're beyond your appeal period with the court, yeah, very likely you are out of luck. It's unfortunate that you received your courtesy notice after your 30 day window for payment had passed, but this argument probably won't get you anywhere. Delays in mail (even if it was the correct address) aren't the court's fault, because you know you got the ticket and need to pay. They will also probably say you should have been checking your bank/card statements to make sure the payment cleared within the appropriate time window to avoid further penalty. Sorry.
posted by houndsoflove at 5:21 PM on December 28, 2012

I would pay the original fine amount to the place you were supposed to pay it originally and see if they accept it or send you a bill for the balance.
posted by JohnnyGunn at 6:10 PM on December 28, 2012

Response by poster: Thanks all, appreciate the responses. I'm going to begrudgingly pay in full.
posted by jander03 at 7:51 PM on December 29, 2012 [1 favorite]