Update: I went in to the Department of Motor Vehicle to clear my suspension with the D6 Clearance Form they gave me at the courthouse yesterday and get this, they demanded another $47.50, meaning I ended up paying more than double my original fine because these idiots screwed up. This is nothing but a shakedown.
By Carlos Miller
By sheer accident, I discovered last week that my driver license had been suspended for the previous two months.
This means that had I’ve been pulled over, I not only would have been thrown in jail, I would have probably remained there for an untold amount of time because I am on probation for having the gall to photograph cops against their wishes.
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Judge Jose L. FernandezNot that they had ever sent me a notice, but the Miami-Dade court system informed me that the reason my license was suspended was because I never paid the $125 fine handed down by Judge Jose Fernandez after he found me guilty of obstructing traffic.
The reason they never sent me the notice, they told me, was because they claim they had sent it to my lawyer, who in turn, was supposed to send it to me.
One supervisor in the traffic division of the courthouse, whose name is Mariam S. Ayala, berated me and told me “it’s not our responsibility” to send it to you, “it’s your lawyer’s responsibility”.
Because I never paid the fine, they turned my case over to a collection agency, which then required me to pay a total of $200 plus a $10 processing fee to reinstate my license. All this from a $125 fine that I never even knew existed.
It all started the night of my trial after the verdict was read, which stated that I was not guilty of refusing a lawful order and disorderly conduct, but guilty of resisting arrest without violence, a conviction I am appealing.
Once the jury had left the courtroom, the judge told me he was “shocked” at my “lack of remorse” and found me guilty of obstructing traffic, which was the only one of my four charges that did not go before a jury because it is considered a traffic altercation. He then sentenced me to more than twice what the prosecutor was recommending.
The fact that the jury had already determined that I was not standing in the middle of the street and the fact that the banner photo on this site clearly shows that if anybody is obstructing traffic, it is the cops, obviously had no bearing on the judge’s biased ruling.
Before I left the courtroom that night, I was given a “memorandum of costs” which stated I had to pay a total of $540.50 in fines and fees and surcharges, so I naturally assumed this included the fine for the traffic altercation.
My copy of that document clearly shows that I signed it along with Judge Fernandez. And I paid that fine within a week of my trial. And since then, I’ve been paying hundreds of dollars more for anger management classes and for the pleasure of meeting with my probation officer once a month.
However, I learned this week that there was another document I was supposed to sign that night that they never gave me. That document, which the courthouse printed out for me on Tuesday, is called the “judgment” and it was signed by the judge himself the day after my trial.
It states that I had to pay $125.50 for my conviction of obstructing traffic within 30 days of my trial.
judgement2
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This is the document they claimed they sent to my lawyer, who in turn was supposed to send it to me. My lawyer, Arnold Trevilla, said he never received this document and I believe him because it has my address on it, not his.
And it has a space for the “defendant” to sign, not the “attorney”. And that space is unsigned by the defendant, as you can see on the scanned copy to the right (click to enlarge).
Also note the part where it states the following:
“Failure to pay the balance on or before the agreed date may result in contempt of court, the suspension of driver license, issuance of bench warrant or being required to reappear before the court, in addition to the payment of penalty fees.”
And if you scroll lower, you will read the following:
“I have read and understand the above terms and conditions and I hereby acknowledge receipt of a copy of this form”.
And it is unsigned. Not even a simple “X”.
Not that this will enable me to get a refund on the extra $85 I had to pay for not paying this fine on time.
Not that this will repair any damage to my credit that was done by having this sent to a collection agency.
And not that the court system will ever own up to its mistake.
But I’m sure there is a certain judge who is disappointed that I did not get pulled over before I got this issue resolved.
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17 responses so far ↓
1 Joseph // Dec 4, 2008 at 1:06 PM
“not our responsibility”?
Don’t they know your taxes pay their salaries?
2 Jodi // Dec 4, 2008 at 2:27 PM
This is unbelievable! It’s horrible that you are going through this bullshit, but on the positive side, you are exposing the flaws (for lack of a better word) in the system and hopefully, it will make a difference moving forward (for you and others). Too bad there are no journalists left at the newspapers to help you investigate this further….
3 Momoko Sudo // Dec 4, 2008 at 3:29 PM
Disappearance of mails is common in South Florida. Plus, court doesn’t care what your name is. I got court letters with all kinds of misspelled names. I don’t think they know my name to this day… And I am not surprised if they typed wrong address on envelopes and things get delivered to wrong addresses.
4 Chris // Dec 4, 2008 at 5:03 PM
Welcome to the profit system also known once as the justice system.
5 Roger // Dec 4, 2008 at 6:03 PM
I do not think this was an error but an attempt to set you up. How dear you not kiss there ass’s.
6 Roger // Dec 4, 2008 at 6:11 PM
As a over view of Florida’s Justice system watch a movie, Gideons Trumpet. It is about the case that established the right to a lawyer.
7 Carlos Miller // Dec 4, 2008 at 10:20 PM
Joseph,
In Miami, the taxpayers has no voice as to how their money is used.
Jodi,
That’s the beauty of the Internet. They can kill our newspapers but they can’t kill our voices.
Momoko,
This was not a case of the wrong address, this was a case of them lying to my face that their method is to send it to the lawyer and then have him send it to me. They just never sent it.
Chris,
Yep. It’s the shakedown system.
Roger,
I wouldn’t put it past them to have set me up on purpose.
It’s very convenient how they neglected to give me the judgment form the night of my trial.
I will check out that movie.
8 Ricky Rodriguez // Dec 4, 2008 at 10:29 PM
I am fighting back. On January 2009 I am announcing my candidacy for State Rep. and i will make civil liberties my number 1 issue ! I will call out these authoritarian judges and condemn this corrupt system of injustice we have. The people will only take so much…
9 enrique // Dec 5, 2008 at 10:14 AM
This is why i left Miami. That is not the American court system down there. A lot of these people who work in the criminal legal system, are off-springs of relatives who used to work in the legal systems in Latin America. Therefore, they import the latin american system of justice, which rejects both, due process, and fairness. Even if they are not of the non-off-spring types, they are quickly taught to behave that way. If they dont, they are not trusted, and will not be able to advance in the criminal justice world.
I once dealt with two Miami cops in my apartment. I tried to light up a cigarette because i was nervous. She told me to take it out, or else she would take me to jail. I knew then, it was time to leave arrest-happy Miami.
10 Roger // Dec 5, 2008 at 12:50 PM
I think I have the name right [ for the movie]. You should have a lawyer and record [ video & audio] every thing to do with the cops. The next thing may be to discover dope in your car. You might want too run it 24/7. Never under estimate .
11 Roger // Dec 5, 2008 at 12:58 PM
Look for a recorder that connects to a remote site by Wi so there can be no ” erased by accident”.
12 John // Dec 5, 2008 at 6:33 PM
$20 says that Judge Jose Fernandez has been to this site. You think he likes the fact that he can’t make you shut up and go away?!? I’m sure he wouldn’t publicly admit that it ticks him off that when you Google Judge Jose L. Fernandez this site comes up fourth – try it. (btw I would put his name w/o the L. so more people find it)
As long as you have this site you have a voice!!! THIS IS HOW YOU EFFECT CHANGE! Keep the faith.
13 Carlos Miller // Dec 5, 2008 at 7:15 PM
John,
I do get a lot of people coming to my site after they google “Judge Jose L. Fernandez”.
It should get interesting when he is up for reelection.
Roger,
I actually do carry a small video camera with me where ever I go. Not necessarily because I’m paranoid about the cops, but because I always like to be prepared in case something interesting comes up.
http://www.usa.canon.com/consumer/controller?act=ModelInfoAct&fcategoryid=144&modelid=14903
Ricky,
Go for it, man! You’ll get my vote. Keep me posted if you’re serious.
14 Carlos Miller // Dec 5, 2008 at 7:19 PM
John,
I just removed the L. in the article but left the L under the photo so everybody should find it now.
15 Rick A // Dec 9, 2008 at 1:31 AM
It always cracks me when law enforcement says the public doesn’t respect them. Why would they?
Well, guess what officers (and politicians)? You can’t demand respect, you have to EARN it.
Ironic that the movie about Gideon is based in Panama City, FL — not exactly a bastion of civil rights up there, especially in this day and age.
Won’t be too long til most of us are in jail because we won’t be able to pay the ridiculously high fines and court costs foisted upon us just for being. Jails and prisons will be the new low-income housing.
16 Roger // Dec 9, 2008 at 3:25 PM
You are not paranoid, if they are out to get you . Was a cop and an investgator, I know what goes on. Have tails to tell.
17 Michael // Jan 25, 2009 at 12:21 AM
Hey Carlos,
As you know I am a photojournalist and have seen my share of bullying by police as well as more egalitarian behavior, usually by PIO’s . I have also worked for Dade county (I know the woman you say berated you) and know that anything can happen. Although I have absolutely no independent knowledge of your case I sympathize with you and I think that it is entirely possible you were and are basically being harassed, but by people who believe at all cost they are in the right, no matter appearances. Remember this: the statistics associating police and alcoholism, suicide, violence, obsessive and generally repressive behavior are old news. That a judge is an enabler with his own problems (an’ let me tell you boyeee I have seen or heard it all!) would be no surprise. Police are in general a highly stressed and terrified group, traumatized, brutalized and brittle and often they are too fast to pick on the weak. – Often they and other’s in the system are too sensitive to any show of resistence, any show of ego. And oh, how they bully if you dare make a face. It doesn’t take much. If you question them, you’re mocking them! If you behave freely, you’re a threat and photographing is aggressive behavior. Can’t let the photographers take over can you?
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