Warrant for missing a court date

Court proceedings and Legal Process
Drew23
Posts: 2
Joined: Fri Mar 24, 2017 12:31 pm

Warrant for missing a court date

Postby Drew23 » Fri Mar 24, 2017 12:43 pm

I was booked 4 years ago for doing 120 in a 70 zone.

Because I need my license for work, I had the case adjourned and delayed since 2013.

After my second adjournment, I wasn't made aware that the magistrate had refused to accept my application and received a letter in the mail more than 12 months after the hearing telling me I had been issued with a warrant to get a new court date. I went in on my own accord and had this new date issued by the local police station and the warrant cancelled. I have since also missed that date as losing my licence also means losing my job and at this point in my life I can't afford that.

My questions are two fold. Will the fact I missed two court dates affect my punishment in court when I do front the speeding fine (I'm aware the punishment is generally a 12 month loss of licence)? Can I travel with this warrant?

Hardy
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Re: Warrant for missing a court date

Postby Hardy » Fri Mar 24, 2017 4:15 pm

The warrant has no impact at all on anything, except any bail arising from its execution will require you to attend court and you will commit a further offence if you fail to comply with your bail. So all it does is require you to attend the court.

Drew23
Posts: 2
Joined: Fri Mar 24, 2017 12:31 pm

Re: Warrant for missing a court date

Postby Drew23 » Fri Mar 24, 2017 4:30 pm

Hardy wrote:The warrant has no impact at all on anything, except any bail arising from its execution will require you to attend court and you will commit a further offence if you fail to comply with your bail. So all it does is require you to attend the court.

Thanks for the quick reply Sean.

That was my understanding too. What I'm trying to get my head around was the fact that when I did go in and get a new date it was issued on bail (no amount was put down), I was simply given another date to attend court and free to go. Upon requesting the new case to be adjourned and passing on a medical certificate, I found out months later that my adjournment was denied and I was issued with generic form

"Please be advised that a warrant for your arrest has been issued by a magistrate as you have failed to appear at court to answer a charge after being summonsed or bailed to do so. This warrant etc etc"

My question is, how does this impact me going forward when I do attend court?

Hardy
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Joined: Thu Jan 01, 1970 10:00 am
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Re: Warrant for missing a court date

Postby Hardy » Fri Mar 24, 2017 10:10 pm

Of course your request for an adjournment was denied. You have to appear at court in person to seek an adjournment. Because you are on bail. You are going to need to prove that it was impossible for you to attend the court to be acquitted of the charge of failing to answer your bail.


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