Can my ticket be dismissed for it’s inability to follow due process?

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Can my ticket be dismissed for it’s inability to follow due process?

I submitted a plea for a traffic ticket. The court clerk called to tell me she had lost the plea and the case cannot proceed without it. Is it their responsibility to find the plea before we continue?

Asked on November 28, 2015 under General Practice, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The ticket does not have to be dismissed due to this reason: they could re-issue the ticket, give you new dates, and give you a new opportunity to plea. That's not to say they will--they might elect to dismiss--but they have the right to do so in cases where paperwork, a case file, etc. goes missing.


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