Legal Question in Traffic Law in Missouri

Court Case for Citation I never received

On Dec. 5, 2008 evening

I received a letter from Lee's Summit Municipal Court stating I failed to appear in court for a citation I have never received. First of all, the letter did not give a date, location or citation number. The letter was sent to my St. Louis address. It just gave case number and PARKING NOT TO OBSTRUCT TRAFFIC. What does that even mean? Second, I worked in St. Louis which is on the other side of Missouri from Lee's Summit until October 8, 2008 and can give verification for employment. I am going to the court first thing tomorrow (MondayDecember 8) to plead not guilty. What are my rights? How am I criminally responsible for something I didn't do? Don't they have to prove that I was issued a citation or presented with a court date? The only possibility in the matter is that my husband has been driving a car that is registered in my name and has been living near the Lee's Summit area. When confronted on the matter, he swears he has never received a parking ticket from Lee's Summit. I don't feel it's right that I get bullied into paying for something that happened when I was 200+ miles away.


Asked on 12/07/08, 1:52 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: Court Case for Citation I never received

You have the right to examine the citation to see if it at all appears to be for avehicle you own or have registered in your name. If it does not, then you may inquire as to how your name was attached to the citation.

Yoru immediate issue is the failure to appear. The LS Court system is pretty good about not hasmmering folks for failure to appear on citaitons they knew nothing about. Be honest with the judge, and you may be able to avoid any extra fine(s) If it appear that your husband got a ticket and did not know about it, then you will have a good defense for the failur to appear, but NOT the underlyign ticket. You could hire me or someone else in Lee's Summit to fight the ticket, but we would cost your more than the ticket.

Good Luck

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Answered on 12/07/08, 11:17 pm


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