I have a ticket that is scheduled for today a Sunday. Can I have the ticket thrown out since it is scheduled on a non court day?

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I have a ticket that is scheduled for today a Sunday. Can I have the ticket thrown out since it is scheduled on a non court day?

Asked on June 7, 2009 under Accident Law, Kansas

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Chances are that your ticket being scheduled for a sunday is a clerical error.  As a matter of caution, I recommend that you contact the clerk's office at the court where your ticket was scheduled for to determine if they have a different date for your court date.  There is a good chance that even though your ticket says that you are to appear on a Sunday, the court may have you docketed for the following Monday or the preceding Friday.  Failure to clarify this prior to your court date may put your rights with respect to this ticket in jeopardy.  Thus, while it is theoretically possible that the prosecutor may decide to throw the ticket out if you get lucky and you do not appear on your scheduled court date AND the prosecutor has a copy of the ticket AND notices the error, I would not chance it if I were you.  It is equally possible that you may suffer penalties for failing to appear and then will have to use the "sunday court date" argument as a defense.


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