Thursday, 2 January 2014

I have an outstanding warrant for a failure to appear on a traffic ticket. I was incarcerated and had forgotten all about the ticket, much l...

Question

I have an outstanding warrant for a failure to appear on a traffic ticket. I was incarcerated and had forgotten all about the ticket, much less was aware of an appearance. I am getting out in 75 days and need to clear the matter up beforehand. I was told that even if I paid the fine and warrant fees I would still have to file a motion, however was not told what kind of motion to file. Can you assist me on what motion I need to file to get this case cleared prior to my release date?



Answer

First you will have to try to confirm the information you have been given. Typically a warrant is not issued for failure to appear for a civil traffic violation. So it sounds like you may have a criminal traffic matter pending, not a civil traffic matter. If true, I would contact the court where the warrant is pending via a letter setting forth your current circumstances and requesting the warrant be quashed; you should include a statement that you will appear at the court within 30 days of your release to clear the matter up. Good luck.



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