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My husband was JUST issued a warrant for a 2002 ticket, is that legal?

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Old Jul 29th, 2008, 04:24 PM     #1
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Unhappy My husband was JUST issued a warrant for a 2002 ticket, is that legal?

I am writing with a question pertaining to a traffic violation my husband,was ticketed for in Sept 2002.

My husband was ticketed for no proof of insurance, failure to wear a seatbelt and speeding. We are not entirely sure if he missed his court date, but we do recall he paid a fine. He has been through the KSDOT since the 2002 traffic ticket...for two DUI's, one in 2003 (conv. 2005) and one in July 2007 (conv. April 2008). He lost his license and was required to get it back through the KSDOT in 2005, which he did.
According to the Kansas City, KS Municipal court...if he were to not pay his fine and/or appear in court, his license would be suspended by Driver Control (which we had contact with in 2005), and a warrant would be issued.
Here is the problem...the Municipal court never did report any of this to driver control, nor do we believe that they should have (as I said...we are sure that we had taken care of it). We made sure of this in 2005, and again in April 2008 (it was required by the courts prior to sentencing). The thing is, they issued a warrant for his arrest in June 2008 for this traffic violation from Sept. 2002. I went to the Clerk's office to get more information on the violation, and to ask them for the paperwork that indicated that he did not appear in court and did not handle the fines...but they had no information indicating that he had a failure to appear. They also said that they had no information on the insurance its self, so he must not have presented it.
Currently, we are speaking with the insurance company and trying to obtain the docs from 2002, but they are having trouble locating it.

Altogether, I suppose that we are asking if this is permissible. He had numerous contacts with Driver Control/KSDOT, as well as law enforcement, and this ticket never appeared. It is almost like someone found it and put it in there by accident, but we are unable to prove that...and we have no evidence to support our claim that he had appeared in court or at the clerks office. The only proof we had was that he was not issued a Failure to Appear, or a warrant for not paying his fines back in 2002 when it should have been issued.

What do we do to remedy this? We have already paid $100 for the bond on the warrant...and we do not know how to get this removed. We feel that it is an atrocious violation for them to fish something out from 6 years ago that they have no proof was never paid...except for missing paperwork.

If ANYONE could help us to understand how the county could issue a warrant 6 years later for a traffic violation that was committed in 2002, that would be immensely helpful.
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Old Jul 30th, 2008, 10:20 AM     #2
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Default Re: My husband was JUST issued a warrant for a 2002 ticket, is that legal?

You normally would have a shot of having that dismissed if you go in front of a judge based on that history. You still do perhaps.

The only problem is that you don't come before the court looking too good at this point so any judge is bound to be skeptical. You can try!
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Old Jul 31st, 2008, 11:49 AM     #3
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Angry Re: My husband was JUST issued a warrant for a 2002 ticket, is that legal?

Yes, that seems to be the problem...apparently they CAN issue a warrant for a ticket no matter how old. I just have a hard time getting over the fact that they have had plenty of opportunities to handle this and did not. If the shoe was on the other foot, we'd be in deep.

And to think we elect these people, and no one seems to realize that that is how we make sure they work for us. Often even THEY forget that...including the idiots at the clerks office.

Argh, I'm just going to have to pay the ticket, even though we already have in 2002.
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