Thursday, August 25, 2022

Injustice or money hungry system?

The court system in Quartzsite sure presented me with a terrible birthday present. Seems I own more than 800 dollars for missing a court date.

This spring I had allowed my vehicle registration to expire and was stopped by an officer. He told me my address was wrong on my driver's license and I told him no, motor vehicles had the correct address. Sadly I apparently signed a notice for a court appearance. I call motor vehicles and brought my registration up to date. I asked about the address and yes they had the correct address. So I thought all was OK. Wrong, it seems one organization doesn't talk to another organization so even though motor vehicles was satisfied apparently the Quartzsite court was not. 

No notification by the court until I picked up my mail last week, a notification from ADOT that I was delinguent in paying a fine. I call the number provided by ADOT and got the case number, the amount of the fine and the Quartzsite court number.

In talking to a Quartzsite court employee it seems I have no choice but to pay this fine. Although I can hire a lawyer I'm not allowed to handle it myself, Pro se:

"Litigants or parties representing themselves in court without the assistance of an attorney are known as pro se litigants. “Pro se” is Latin for “in one's own behalf.” The right to appear pro se in a civil case in federal court is defined by statute 28 U.S.C. § 1654." 

So much for the year of law school I had decades ago. 

I haven't given up so I'll likely go to the Quartzsite courthouse once a week and pay them 10 dollars towards their "pound of fresh." I'll be sure they know that I'm paying under protest and not as an acknowledgement of my being in the wrong.

Added a few minutes later:

All of this kind of reminds me of when I took on the US government over my student loan. Years after I paid it off I was being threatened so months later off to court. I had sent a notebook full of copies of canceled checks and monthly statements.

The case ground slowly through the court system and I finally had a court date. The assistant  Prosecuting Attorney told me that he thought I still owe just a few dollars. I could sense an agreement and we settled for $200. 200 dollars which I did not owe but was cheap money to get the government off my back. We were then called into the judge's office and he ripped into the assistant prosecuting attorney about coming after me after all these years, the judge had copies of my canceled checks, etc. The prosecuting attorney said we've reached an agreement for $200. I said to the judge I am totally in the right and I do not want to start a precedence where they'll go after other students years after. I was willing to go to the mat. The judge just looked at me like don't be a martyr. The judge said just pay 200 dollars and and get it discharged with prejudice. The judge asked me if I knew what discharged with prejudice meant and I said res judicata. That year of law school was not wasted after all.


Added 8/29/22

No court of appeal!

Today I went to the Quartzsite Town Magistrate office to ask for a court date to appeal a fine I received for missing a court date. I missed it because I thought I had taken care of with ADOT. It seems I've had my day in court as per the citation. As soon as I didn't show up it went to collections. It seems there is no requirement for the Quartzsite Town Magistrate Court to give any notice before sending a case to collection. Now I understand some of the shenanigans that happened in past elections with candidates being disqualified.

By the way, the citation was for having a different address on my driver's license than my actual address. Four years ago I renewed my driver's license while at my summer home and that was the address mistakenly put on my license. It had nothing to do with my allowing my vehicle registration to expire. I had been assured by ADOT that there was no problem as they have the correct address. So ADOT and the officer had a difference of opinions of the importance. That said, it seemed I committed the ultimate sin of not paying due diligence to the Quartzsite Town Magistrate.

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