I ran into a little legal issues when I was driving to North Dakota a couple weeks ago. I have a court appearance for Feb. 5.

I spoke to the state attorney and apparently I can't make the appearance over the phone. I have two options, either higher an attorney or appear.

It has been a while since I have been to court but I remember there was always a guy there to help people, "public defender"?

Is there another option that I have? I really don't want to pay for an attorney and I REALLY don't want to have to drive to South Dakota.

Thanks,

 

What kind of legal issue? speeding? etc

 

I lost my driver's liscense two days before I left for the trip. The officer issued a ticket for driving without a liscense.

 

A Public Defender is an attorney hired by the state to defend people who are accused of felonies. I doubt your offense was in THAT category, but it's serious in any case. You have little recourse than to hire an attorney in North Dakota. Look for one who specializes in traffic court and consider the legal fees the cost of driving without a license.

Get on this right away--you don't want it to escalate into a arrest warrant for not appearing.

 

either hire one, or just pay the ticket. compare the cost seems to be the best option.

 

I already plan on paying for the ticket. I have a mandatory court appearance in Feb.

Looks like I will have to research the cost of an attorney.

 

if you are paying the ticket why the appearance? that makes no sense

 

Hell, I don't know. lol They do things different up there.

It is a MANDATORY court appearance.

 

damn yanks....... yeah dude i wish i could help but that is a state law of theirs, i only know federal and Texas state law.......

 

Most states treat driving without a license as an offense requiring a mandatory court appearence. It's not just North Dakota. The judge will want to know if you have a current license and why you were driving without one before passing any type of judgement. It's not like a speeding ticket, where you just pay the fine...

BTW- why were you stopped in the first place?

 

lol, I was stopped for not having a front license plate on a car with Texas plates.

 

Find an attorney that handles traffic issues to make an appearance
for you if you want to forego same.

You cannot have your cake and eat it too.

If the appearance is mandatory the judge could issue a bench warrant
as stated above. Suffice it to say your next experience with a LEO might
be more interesting....

These mistakes cost money, spend it, learn, move on.

 

Damn uniformed tax collectors.

Good luck though.

 

disclaimer: this is not legal advice

Either way, from your statement it looks as if you have to appear. If you are repesented by an attorney the attorney will appear on your behalf.

Generally, a public defender will not be available to you unless the offense is a jailable non-minor offense.

If you can make your appearance over the phone, why would you drive in? Frankly, your safest bet is always to retain counsel.

If you have an attorney in your home state I would speak with him in order to get a referral for a competent attorney in N. Dakota.

Hope this clears up your concerns. If you have any other issues you need to speak with an attorney bared in N. Dakota. It will be unethical for myself or anyone else to offer "legal advice" to you over the web, if they are not bared in N. Dakota.

If your ticket is just for a no-front plate violation I feel sorry for you. Most cops won't hassel drivers with out of state tags with issues concerning modifications or a missing front plate

 

The police officer didn't issue a ticket for the front plate, just for me not having a drivers license.

I do not currently have a lawyer. I guess I will just have to google somebody.

 

My question is: How can a North Dakota cop enforce Texas traffic statutes when in North Dakota?

You can't be breaking the law in North Dakota if what you're doing is only against the law in Texas. Sounds like he was using his reasoning as an "excuse" to pull you over for a "contact" so he could get an out-of-stater to pay whatever fines he found once he got you on the side of the road.

My cop friends have always maintained that out-of-staters usually pay the fines rather than driving or flying back for court which means they (the cop) get the contact credit without the hassle of a court date.

Call the state's Attorney General and see what his office has to say about the practice of cops enforcing the laws of jurisdictions other than those they are authorized to "police." He or she might be very interested in what's going on.

 

I have spoke to the State Attorney's office already. I found a lawyer to appear in court for me next thursday.

Everything has been taken care of as far as my license goes. The only thing that I have to do is pay the fine.

 

always get counsel man!

 

I had to hire an attorney to appear in court for me. I was lucky and he only charged my $137.