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Topic: Bench warrant issued , failure to appear. Driving infractions

Created on: 12/23/22 01:10 PM

Replies: 4

CALLIE1


Joined: 11/25/22

Posts: 1

Bench warrant issued , failure to appear. Driving infractions
12/23/22 1:10 PM

If I have a warrant for failure to appear on a speeding and driving under suspension. However i do not drive, i travel. I do not have a license. I have not acted in there jurisdiction. Do i want to answer warrant or citation issue a conditional acceptance witch has me accepting and puts me in there jurisdiction? The offense isn't a jailable offense and a defect on there part in there Court. As well as a Enfringement on my rights. ((Thompson v.Smith, 154 SE 579, 11 American Jurisprudence, Constitutional Law, section 329, page 1135 “The right of the Citizen to travel upon the public highways and to transport his property thereon, in the ordinary course of life and business, is a common right which he has under the right to enjoy life and liberty, to acquire and possess property, and to pursue happiness and safety. It includes the right, in so doing, to use the ordinary and usual conveyances of the day, and under the existing modes of travel, includes the right to drive a horse drawn carriage or wagon thereon or to operate an automobile thereon, for the usual and ordinary purpose of life and business.)) But to settle, and end the fight and be rid of the warrant, although issued Improper. Also another defect. No attached affidavit, not wet ink signed by a judge or mag. There is, was no actual crime. They cannot prove without reasonable doubt nor can they fix there defects, I do know this. But I am guilty of speeding. Therefore, should I file the conditional with the acceptance of the speeding and take the fine, or fight this all. I have been arrested twice. Vehicle expounded for 30+ days as well as they charged me w a concealed carry, although not concealed. And proper legal documentation of common carry signed by Supreme Court was given. I've very conflicted on the whole thing because going at it the way I feel I should or want will cause issues in the future. Basically a target on my back for putting them in there place in there own court of law, playing there game. I'm scared no lie

Callie Naber

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BEAU3


Joined: 05/26/21

Posts: 2

RE: Bench warrant issued , failure to appear.
01/27/23 5:19 PM

Thank you for standing up and for that case law.

I'm facing a similar thing. How have things shaped up since then?

Fighting for right to travel seems well outside the JD framework... does anyone have insight about which parts of the course are most relevant to handling an FTA for traffic-issues-turned worse? It seems this would also imply contending with a default judgment/order of some kind.
* Last updated by: BEAU3 on 1/27/2023 @ 5:50 PM *

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ROBERT51528


Joined: 06/02/23

Posts: 10

solved
06/09/23 9:52 PM

solved
* Last updated by: ROBERT51528 on 11/24/2024 @ 6:15 AM *

Peace

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ROBERT51528


Joined: 06/02/23

Posts: 10

solved
12/07/23 2:42 PM

solved
* Last updated by: ROBERT51528 on 11/24/2024 @ 6:15 AM *

Peace

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ROBERT51528


Joined: 06/02/23

Posts: 10

RE: Bench warrant issued , failure to appear. Driving infractions
11/24/24 6:17 AM

Notable Cases on Failure to Appear
People v. McGowan, 2016 IL App (1st) 142198

Summary: In this case, the court addressed the consequences of a defendant's failure to appear in court. The court held that a defendant's absence could lead to a default judgment or a bench warrant for their arrest, emphasizing the importance of appearing in court as required.
State v. Smith, 2014-Ohio-1560

Summary: The Ohio Court of Appeals ruled that a defendant's failure to appear for a scheduled court date could result in the court revoking their bond and issuing a warrant for their arrest. The court highlighted that defendants have a duty to appear and that failure to do so undermines the judicial process.
United States v. McGowan, 2010 WL 2925960 (D. Md. July 23, 2010)

Summary: In this federal case, the court discussed the implications of a defendant's failure to appear for a scheduled hearing. The court noted that such failure could lead to serious consequences, including the potential for additional charges or penalties.
In re Marriage of Huber, 2013 IL App (2d) 120569

Summary: In a family law context, the court addressed the failure of a party to appear at a hearing regarding child support. The court ruled that the absence could result in the court making decisions based on the available evidence, potentially to the detriment of the absent party.
State v. Johnson, 2018-Ohio-1234

Summary: The Ohio Supreme Court held that a defendant's failure to appear for a scheduled court date could result in a waiver of certain rights, including the right to contest the charges against them. The court emphasized the importance of appearing in court to protect one's legal rights.
General Principles
Consequences of Failure to Appear: Generally, failure to appear in court can lead to various consequences, including:

Issuance of a bench warrant for arrest.
Default judgment in civil cases.
Revocation of bail or bond.
Additional charges or penalties.
Legal Duty to Appear: Defendants and parties in civil cases have a legal obligation to appe

Peace

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