Fighting a ticket (out of state)

[saracrow]

Today I received a certified letter from the state of Florida (I live in Washington State) for a toll road violation dated 1/15/2011.

I moved from Florida to Washington in 2007.
My last trip to Florida was March 2010.

Now sitting on my desk, this citation has only three options listed on it.
A. Pay the toll before 9/25 of 2.50 + 25.00
B. Pay the toll and court fee after 9/25 of 2.50+138.50
C. Plead Not Guilty and request a court date.

This form seems to be missing option D. call us to clarify this issue.

I did contact the E-Pass people regarding the toll. The recommended that I file a police report because someone is using my FL plate. (I returned it to the FL DMV after i had my WA plate issued, and it doesn't matter that the car in the photo they mailed me is a Toyota and I've never owned one of those)

I then called the city where the ticket was issued to file a police report, they transferred me to the county sheriff, who then said "We'll get back to you." Several hours later and no return call back, I'm starting to wonder if I should just opt for Option C. and resolve this in court. It seems like the most official route to resolve this where I will see a direct result instead of speaking to twenty people to get twenty non-official responses.

If i did take this to court, could I sue the state of Florida for my travel expenses and lost time from work? Would I need permission to sue the state from the Attorney General?

I'd rather this whole issue just go away, but I'm not going to spend my money to fix the mistakes of a system that seems more broken than it should be. (Why am I filing a police report for a plate returned 4+ years ago to the FL DMV, shouldn't they be filing a report since it would have been stolen from them?)


* unrelated bunny pic
http://www.funxite.com/media/8221-japaneese-bunny.jpg

[Gadritan]

I'm starting to wonder if I should just opt for Option C. and resolve this in court. It seems like the most official route to resolve this where I will see a direct result instead of speaking to twenty people to get twenty non-official responses.

If i did take this to court, could I sue the state of Florida for my travel expenses and lost time from work? Would I need permission to sue the state from the Attorney General?

You're blowing this way, way out of proportion. You didn't do anything wrong, so nothing to worry about.

Had something similar happen when someone typo'd a license plate when transferring it into the computer and they ended up issuing me a parking ticket for a vehicle I never owned. It's probably something more akin to this as far as botched records rather than someone using a plate from 4 years ago.

Now you could go down there and try to sue etc and so forth. I'd hope they just laughed you out of court for knee jerking that hard.

tl;dr - People make mistakes, but you didn't. Don't make a non-problem a huge one.

[saracrow]

You're blowing this way, way out of proportion. You didn't do anything wrong, so nothing to worry about.

Had something similar happen when someone typo'd a license plate when transferring it into the computer and they ended up issuing me a parking ticket for a vehicle I never owned. It's probably something more akin to this as far as botched records rather than someone using a plate from 4 years ago.

Now you could go down there and try to sue etc and so forth. I'd hope they just laughed you out of court for knee jerking that hard.

tl;dr - People make mistakes, but you didn't. Don't make a non-problem a huge one.

I know my response is a bit 'excessive,' but so far I've spoken with the Toll Authority, the City PD, the county sheriff's office, and the state highway patrol. No one will take responsibility for correcting this issue. Since I have a three hour time zone difference, it is too late in the day to call the AG. I'm just wondering, why do I need to prove to the state that this isn't me to this degree? Shouldn't there be a level of responsibility on the state to correct matters like this as painlessly as possible? Instead I have to waste my afternoon at work to try and resolve this issue. And I know if I wait and the deadline passes points will be assessed against my license. Then who's responsibility will it be to correct that? Clearly not any of the people I've spoken with already.

The big issue is I'm attempting to solve this through law enforcement, when they don't care as this is a judiciary matter. So if I can't count on any of these agencies to rectify this situation, then the most responsible party would be the judicial.

And the court system is there to serve all citizens regardless of size or severity of the issue.

And yes, I do make mistakes, (not sure why you would jump to the conclusion that i think I'm without fault) but I have the ability to own up to my mistakes and admit I'm wrong and fix what I did wrong.

[jmc]

I know my response is a bit 'excessive,' but so far I've spoken with the Toll Authority, the City PD, the county sheriff's office, and the state highway patrol. No one will take responsibility for correcting this issue. Since I have a three hour time zone difference, it is too late in the day to call the AG. I'm just wondering, why do I need to prove to the state that this isn't me to this degree? Shouldn't there be a level of responsibility on the state to correct matters like this as painlessly as possible? Instead I have to waste my afternoon at work to try and resolve this issue. And I know if I wait and the deadline passes points will be assessed against my license. Then who's responsibility will it be to correct that? Clearly not any of the people I've spoken with already.

The big issue is I'm attempting to solve this through law enforcement, when they don't care as this is a judiciary matter. So if I can't count on any of these agencies to rectify this situation, then the most responsible party would be the judicial.

And the court system is there to serve all citizens regardless of size or severity of the issue.

I hope you just didn't add it to your list by accident, but you have contacted the DMV about this issue.......right?

[Gadritan]

And yes, I do make mistakes, (not sure why you would jump to the conclusion that i think I'm without fault) but I have the ability to own up to my mistakes and admit I'm wrong and fix what I did wrong.

The fuck are you talking about?

tl;dr - People make mistakes, but you didn't. Don't make a non-problem a huge one.

You didn't do anything wrong. That's why you need to take a breath and slow down.

No, points won't be "assessed against," your license. Basically you're making a huge deal out of something simple and easy enough to prove and fix. You don't even have a clue what the consequences are, but you're screaming bloody murder. gg

[saracrow]

The DMV said they check to see if they have a record of when my plate was returned. They also suggested I fill out a police report for identity theft.

And to Gadritan,

I made a mistake I guess as upset as this process has me, I read your statement too fast. I appologize.

[Ddz]

Pretty sure the OP is just asking for the best course of action for resolving the offense that obviously wasn't his fault, and you guys are all over his shit like he's a fuckwad. I'd want to get this resolved, too, if my name was on the ticket. If it were me, I might look up/call to inquire about the court official/traffic court judge and write a letter, attach pics and mitigate as to why that couldn't possibly be you who was fined and photographed for the citation.

[saracrow]

The citation gives me until 9/25 to resolve this issue or elect to go to court. and from the citation
"The County Judge/Traffic Hearing Officer may impose a penalty not to exceed $500.00 and points will be assessed as applicable."

What I'm looking for is the solution on how to make this issue go away. I'm looking for advice if anyone has gone through this, what did they do? The current method of fixing this seems to be to throw my cell phone minutes up in the air at the state of Florida and see who is willing to do more than tell me to speak to someone else.

[Melena]

Contact your local DMV and see if they can print out a date of when you returned the Florida plates when you registered in Washington. Then follow up with Florida DMV and see who they want you to contact. You should be able to get this resolved over the phone though they may ask you to fax the receipt showing you surrendered your florida plates when you moved.

[SwampdonkeyPLD]

Sara, your receipt for turning in the plate should be enough. If you can't get that then the DMV should provide a letter to you saying you did so. That should be enough to dismiss it.

[Gadritan]

Pretty sure the OP is just asking for the best course of action for resolving the offense that obviously wasn't his fault, and you guys are all over his shit like he's a fuckwad.

He's talking about driving down to FL and trying to sue them for the cost over a simple misunderstanding. The best course of action is call the DMV. Which he did. He wants a response from them NOW NOW NOW OMG NOW! but hasn't gotten one and wants 8 million other solutions that are irrelevant as the DMV has multiple ways to prove it wasn't him. Obvious ways. You know, like the plates not matching the car in the picture?

Yeah, that's fuckwad territory.

[Ksandra]

He's talking about driving down to FL and trying to sue them for the cost over a simple misunderstanding. The best course of action is call the DMV. Which he did. He wants a response from them NOW NOW NOW OMG NOW! but hasn't gotten one and wants 8 million other solutions that are irrelevant as the DMV has multiple ways to prove it wasn't him. Obvious ways. You know, like the plates not matching the car in the picture?

Yeah, that's fuckwad territory.

Dude you need to sit down son or some shit. Getting way too hyped up and football just started. The guy doesn't sound out of control, he was basically saying "I tried this, am I supposed to do this next?" He wasn't like, "OMG I WANT SUE NOW" He just wasn't sure if that was what he was supposed to do. Chill.


Ontopic. As others said go to the DMV in washington and get your proof. Then I'd say keep contacting the county sheriff's office in FL day to day. Let them know you have proof. They probably "shelved" your problem 'cause they consider it to be no big deal, but I'm with you, I wouldn't want to put it off until last minute either.

[oldoldman]

Just pay it

[saracrow]

He's talking about driving down to FL and trying to sue them for the cost over a simple misunderstanding. The best course of action is call the DMV. Which he did. He wants a response from them NOW NOW NOW OMG NOW! but hasn't gotten one and wants 8 million other solutions that are irrelevant as the DMV has multiple ways to prove it wasn't him. Obvious ways. You know, like the plates not matching the car in the picture?

Yeah, that's fuckwad territory.

As the intent of my post was basically "what should I do to resolve this", and I feel like 'wait, chill out, don't over react, and it's not a huge problem' do not really help, what course of action would you suggest in order to resolve the issue? I came here looking for help, and I'm willing to try any constructive means to resolve this issue. And I would especially be interested to know when this similar issue happened to you in the past, how was it fixed.

I currently live on the dynamic opposite side of the country from were this issue has taken place. I need assurances from the State of Florida, that this issue is resolved in a timely manner that has no reflection on my driving record, yet there is no clearly spelled out method to resolve this conflict, hence my post for help. So if I seem overly concerned that this needs to be addressed now, it's because I do not have my boots on the ground in Florida. I cannot simply walk up to the local DMV office and resolve this in person.

To those that suggested I contact WA DMV, thank you. They do not have any information on when I returned the plate, but they have all the information on when it was transferred to WA. They have suggested I speak with the clerk of the courts tomorrow, so that will be my next follow up procedure.

[Melena]

Just pay it

If he pays this without resolving it, it very well can happen again.

[Day]

fuck that I wouldn't pay it if it was 75 cents

[greenhills]

i have actually had this happen, not the same exact thing, but close enough, about 5 years ago. somehow or another someone with the same plates as a car my boyfriend owned briefly blew through a toll in nj or ny, i don't remember which. the date of it was something like 6 months after the car had been sold, and it wasn't even the same make as the car in question. i called the dmv and then the number that was in the letter, explained that we had sold the car cause it was a junker and had no clue how it was even possible that he would have been on whatever turnpike bridge it was and then filed the whole thing away in the trash.
the lady at the dmv was really nice and even explained to me that since the picture didn't match up there was nothing to worry about anyways.
op, have you tried calling any contact info that is on the letter? lady at the dmv made it sound like this was a common occurrence.

[saracrow]

Well I'm actually just finishing up on this issue. After calling the people that sell the Florida Sun Pass, they found not only one but two tickets in my name. The first had rolled beyond the option A pay date, resulting in court fees and possibly other legal issues. This person was helpful, she and her supervisor examined both photos and saw that the plates were mis-keyed in the system. (It should have been an M, instead of a N). The Sun Pass people said they would void both tickets and bill to the correct owner of the plate. However they could not provide me with a written receipt or any notice that clears me in this issue. For that they suggested that I contact the state attorney's office and request a letter expunging me from this issue.

So now I'm drafting a letter and hoping this resolves everything. I'd hate to fly back to FL for Thanksgiving to find I have legal issues waiting for me.

Calls made:
Toll Authority
Leesburg PD
Lake County Sheriffs office
Florida Highway Patrol
DMV
Clerk of the Courts
Sun Pass

Time Spent approx:
6hrs

Work I should have been doing instead of making all these calls:
Lots.


Pic related (FL Attorney General Pam Bondi or Brittney Spears)
http://myfloridalegal.com/LegalContr...diSpeaking.jpg

[Gekii]

BondiSpeaking.jpg

would clap cheeks / 10

[Apelila]

Good that you got it resolved, my experience is that if you wait until after they fine you/impose other fee's it becomes exponentially harder to get everything resolved because then the bureaucracy has to do even more work to void the fines/bullshit, and when its mulitple states away it becomes even harder. Arizona still bugs me about registering my car even though I've called the MVD* and faxed them information that I dont fucking live there anymore.


*AZ's DMV is named MVD, because the state is retarded.