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david chapman

appeal issues

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I was found guilty of a traffic violation for not having a valid license. However, I mailed PHOTOCOPIED evidence showing that I HAD a valid pass by Missouri DMV and Child Support Enforcement saying I could drive even though my license was suspended. I was STILL found guilty in absentia. Nor did I receive a mailed response to the case. I was fined a total of $280, and was told I had to 1) file an appea within 30 days of given notice, which I didnt receive. and 2) I had to PAY the fine BEFORE I could appeal.....

1) Is this unconstitutional to force me to pay the penalty in ORDER to appeal the penalty?
2) Does the court not HAVE to give any reasoning FOR the guilty finding and doesnt that constitute a due process issue if they dont provide it?
3) How do I appeal if I a) have no money, and am homeless and disabled b) it has been over the 30 day limit set forth in the statutes?

I read the statutes and found nothing about appeal requirements...
 

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8 minutes ago, david chapman said:

3) How do I appeal if I a) have no money, and am homeless and disabled b) it has been over the 30 day limit set forth in the statutes?

The last part of the quote answers the question.  After the thirty days you can't appeal.  It sounds as if you only mailed in a document and did not appear to contest the charge.  There is certainly nothing unconstitutional about finding a person guilty who has not effectively contested the charge.

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first off, are you an attorney or have adequate professional  legal knowledge??? because I KNOW there are methods to appeal after the dead line. And I mailed in my pleadings, as allowed in this court. These mailed in pleading WAS a contest of the charge... so on the ASSUMPTION that I DID contest, as I said I did, IS IT unconsitutional to find a person guilty without stating WHY the guilty finding was reached???

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I started out by responding, but I then saw your follow up posts.

 

In your first follow up post, you provided new information not provided in your original post and criticized the person who responded for failing to take into account the information you hadn't provided.  In your second follow up, you acted like a petulant child by reacting harshly just because you didn't like that the response you received wasn't favorable to you.

 

I certainly hope that the child you apparently aren't supporting turns out to be a better person than you.

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First, if you're homeless, where was the court supposed to send notice to you?  Your post is confusing.  Did you request a trial by declaration or what?  Driving without a license or with a suspended license in OR, generally is a misdemeanor which would require that you physically appear in court.  As for the appeal, it must be filed within 30 days.  The court would sent notice to your known address, if they have it, but they aren't required to track you down.

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