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Posts by Michael Perez5

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Traffic violation procedures in Criminal and Misdemeanor Law ·
Great... so I guess that option is off the table now? It doesn't exactly sound like my best idea to just roll up to the DMV and ask them to stamp my driver's license...

What should I do? Maybe I should file an official appeal?
Traffic violation procedures in Criminal and Misdemeanor Law ·
So, I have a question for the lawyers or anyone here with some "experience" regarding this.

I won't repeat everything that happened, but I’ve drafted what I think my appeal should look like. I'm asking for some help with the specific details and the general format, since I've never actually written one of these before...

Thanks.

FORMAL COMPLAINT/OFFICIAL GRIEVANCE TO THE CHIEF

Regarding citation number: xxx-xxxxx---xxxxxx-xx/07 dated June 1, 2007
Regarding the conduct of officer: Badge Number: XXXXX

Los Angeles Police Department, Glendale Station

I was driving behind a car with California plates approaching a railroad crossing. I didn't notice the warning lights flashing.
Since the vehicle ahead of me cleared the tracks (which are over 30 feet long), I noticed the strobe from a police cruiser moving toward the crossing,
heading toward the city. As I pulled up alongside the patrol car, totally confused about what was happening, the officer (Badge No: XXXXX) rolled down his window and told me
to pull off onto a side street. I did exactly what he said and stepped out of the vehicle. The officer approached my car and asked for my registration and driver's license.

I handed over my documents, and the officer claimed my headlights weren't on—and issued a fine for $100 (my lights were indeed off)—then added that I had
crossed the tracks while the warning lights were flashing, which carried a thousand-dollar fine.

In total shock, I told him I just hadn't seen the flashing signals. He basically told me he didn't care and climbed back into his cruiser, leaving me standing there by my car on the road. I was honestly stunned by how dismissive he was. I tried to politely explain again that when I was approaching the crossing, I simply DID NOT see the lights on. The crossing is quite long and pretty rough to navigate—lots of potholes and multiple sets of tracks—so maybe they flashed right as I was crossing, but I couldn't see them. Even if I had, I certainly couldn't have performed any sudden maneuvers on the tracks themselves.

The officer was completely unyielding and refused to discuss it further. I'm not even sure if he was officially on duty, because there was a woman in civilian clothes sitting in the passenger seat with a purse on her lap, and the officer kept making comments to her. It made the whole situation feel very unprofessional. After receiving the ticket, I looked it over and realized he didn't actually charge me for the headlights being off (even though they were), so I suspect he just "let it slide," which seems like a pretty questionable way for an officer to uphold the law in a constitutional republic.

I was actually on my way to a job interview at XXXXXX (you can verify this with the company), and because of this delay, I missed my meeting
with the owner. Since the officer didn't write me up for the headlights (again, I assume he waived it), and given that whether those lights were actually flashing while I crossed a 30-foot stretch of potholed track is highly debatable—and I am more than willing to present
potential witnesses—I believe I have suffered significant financial harm. Missing this interview, which I drove all the way from
Phoenix to attend, is a huge deal. This job is my livelihood, just as much as my driver's license is. Therefore, I am submitting this formal grievance against the citation and a complaint regarding the officer's conduct to the Chief...

What would you guys add or take out? Please help.

Thanks.
--------------------------------------------

It happened on June 1st...
Since I haven't paid the fine yet, should I wait for the decision from the municipal court and then appeal that instead?
Traffic violation procedures in Criminal and Misdemeanor Law ·
Look, I’m really not trying to start an argument with you. I just can't wrap my head around the idea that there isn't some kind of workaround, and now they're talking about suspending my driver's license? Seriously? It doesn't make sense. I've dealt with similar stuff before—I had maybe three or four speeding tickets back in the day, but they were all around the $167 mark, and those were settled ages ago...

The notice I got just lists a case number, and then it says I have to show up IN PERSON for a summons from the local municipal court. But what exactly does that entail? Does anyone actually know how that works?
Traffic violation procedures in Criminal and Misdemeanor Law ·
Wait, what?! On what grounds can they even take my license??
First off, my driver's license is my livelihood. If I lose it, I'm basically looking at being on welfare.

Secondly, why am I even supposed to show up there just to get stamped? For what purpose??? There isn't a single thing written about whether this is regarding a specific case or anything else; all it says is that I need to come in so they can seize my license...

Just great...

A lot of people have actually advised me not to even bother filing an appeal.
Traffic violation procedures in Criminal and Misdemeanor Law ·
Look, I didn't actually file that formal complaint above, nor did I send anything off. It’s been about two and a half months now, and suddenly I get this summons. I only quoted what was written above so you guys could see the context of what happened...
Traffic violation procedures in Criminal and Misdemeanor Law ·
Michael Perez5 said:So, I have a question for any lawyers or anyone with some "experience" here 😉

To avoid repeating the whole story, I’ve tried to draft an appeal. I’m hoping someone could help me with the specific details and the general format, because I’ve honestly never written anything like this before...

Thanks

FORMAL COMPLAINT/OFFICIAL GRIEVANCE TO THE CHIEF

Regarding citation number: xxx-xxxxx---xxxxxx-xx/07 dated 06/01/2007
Regarding the conduct of officer: Badge Number: XXXXX

Los Angeles Police Department, Dug Sello Police Department

I was driving toward a railroad crossing behind a car with local plates. I didn't notice the warning lights flashing.
Since the vehicle ahead of me had already crossed the tracks (which are over 30 feet long), I noticed the strobe lights from a police cruiser moving toward the crossing,
heading toward the city. After pulling up alongside the patrol car—not really knowing what was happening—the officer opened his window and told me
to pull off onto a side road. I did exactly what I was told and stepped out of my vehicle. The officer walked up to my car and asked for my registration and driver's license.

I handed over my documents, and the officer claimed my headlights weren't on, stating the fine was $100 (the lights were indeed off) and then added that I had
crossed the tracks while the warning lights were flashing, which carries a thousand-dollar fine.

In total shock, I told him I just hadn't seen the flashing warning signals. The officer basically told me he didn't care and sat back in his car, leaving me standing there on the road by my vehicle. Surprised by how dismissive this official was being, I politely tried to explain once more that at the moment I approached the crossing, I DID NOT see the lights on. I also mentioned that the crossing is quite long and difficult to navigate due to the potholes and multiple sets of tracks; maybe the lights triggered just as I was passing, but I couldn't see them, and even if I had, I certainly couldn't have performed any sudden maneuvers on the tracks themselves.

The officer was completely unyielding and refused to comment further. I’m not even sure if he was officially on duty, because there was a woman in civilian clothes sitting in the passenger seat with a purse on her lap, and the officer seemed to be chatting with her several times, so the officer's conduct seems pretty questionable to me. Once I got the citation, I looked it over and realized there wasn't actually a charge for the headlights being off (even though they were), so I guess the officer "forgave" me for that part? To be honest, I think that's a pretty disgraceful way for a public official to handle things in a country governed by the rule of law.

I was actually on my way to an interview at Google (you can verify this with the company) and because of this, I missed my meeting
with the owner. Since the officer didn't write me up for the headlights (again, I assume he let that slide), and given that whether the warning lights were actually on when I crossed those 30-plus feet of potholed track is highly debatable—and I am prepared to call
witnesses to testify to that—I believe I have suffered significant financial harm. I lost the chance to attend a job interview I traveled all the way from
Phoenix for, and this job is my livelihood, just as much as my driver's license is. Therefore, I am submitting this formal complaint regarding the citation and a grievance regarding the officer's conduct to the Chief....

What would you guys add or take out? Please help.

Thanks

So, my buddies all told me that since I hadn't signed anything or filed an official appeal, I should just toss the whole thing in the trash...

Man, I really messed up. I actually listened to them, and now it’s clearly turned into a disaster. Today, I picked up a certified letter from the local courthouse—it was labeled as a summons from the municipal court system (not sure what that even means specifically)—and when I opened it, it was a notice demanding I show up to surrender my driver's license.
Seriously, what a mess!

What am I supposed to do now?
Paintballing! in Other Sports ·
Paintball

- Recreational play—you'll need at least a decent entry-level marker to actually have a good time.
- Grab at least 500 rounds if you want the full experience. It’s hard to really enjoy an hour or two of outdoor skirmishing without running dry. 😉
Traffic violation procedures in Criminal and Misdemeanor Law ·
Absolute garbage....
Traffic violation procedures in Criminal and Misdemeanor Law ·
hm.... so, what now?
Traffic violation procedures in Criminal and Misdemeanor Law ·
That’s an interesting point... I mean, what's the move here? Do you actually file an appeal against the citation, or do you just play dumb and hope it goes away? 😢
Traffic violation procedures in Criminal and Misdemeanor Law ·
That’s just how it goes, man... but the rest of us? We keep pushing forward. 😉
Traffic violation procedures in Criminal and Misdemeanor Law ·
Thomas Miller80 said:(4) A citation must include notice of the defendant's right to appeal, specifying to whom, how, and within what timeframe the appeal must be filed—noting that once that window closes without an appeal, the citation becomes legally binding. This means the fine will be collected forcibly or replaced by community service or jail time, per federal law. The instructions must also warn the defendant of their obligation to cover all legal costs if found guilty.

You don't need a PhD to wrap your head around this. 😉

A thousand-dollar fine just doesn't cut it. You can't simply swap out a penalty like that for some community service hours to serve the public good. It just isn't the same thing.

Thomas Miller80 said:I’ve got everything filed away perfectly—a whole folder packed with appeals, court rulings, stays, and suspensions

Here’s the breakdown:

The car accident happened on September 26, 2002—I was 100% at fault.

The police filed for a citation, and then on March 18, 2003, the municipal court issued a citation finding me guilty of the accident, ordering me to pay $233, plus $104 costs, along with a six-month license suspension—unless (on probation) I stay clean for a year, plus 4 points on my record.

First legal remedy: filing an objection within 8 days. And I just noticed it says here: if you're only contesting the fine amount or the costs, the appellate court decides that. If I pay, I waive the right to object.

So, I filed an objection. But I wasn't fighting the verdict itself—I admitted I was at fault—I just argued that the punishment was insane—one year of probation and 4 points? I’ve never even had a formal ticket before! Based on those legal procedures, this should have gone straight to the appellate court.

But then, on June 9, 2004, they call me down to the municipal court, where I retold the whole story, and the judge ended up dropping the fine to $183 and reducing it to 2 points—no probation and no license suspension.

Next step: appealing to the appellate court within eight days.

Get this—that ruling came out three and a half months before the statute of limitations expired and right before the summer judicial recess.

I appealed to the appellate court, still not denying the verdict since I *was* guilty, but arguing the fine was way too high, $183

I never received a response, and they never even recorded the points on my file.

Simple as that.

Long live our justice system.


And?
You just filed an objection to a citation—which is exactly what we tell the OP to do.
As far as I know, citations like this are relatively new—since the updated traffic laws kicked in back in late 2002, the police can issue them directly.

I don't get it—why are you lecturing the OP about how to use legal remedies (like filing an objection) when you used every single legal loophole available whenever you had the chance? 😕 You're being totally contradictory.☕

I’m actually wondering about that too. I guess what I really need to do is just file a basic appeal regarding the citation I received. Since I didn't sign it within that eight-day window and didn't provide an explanation, I should probably just submit the dispute and leave it at that. That seems to be it...

Thanks, Sandra Parker3.

P.S. Just a heads up—don't bother feeding the trolls.😉
Traffic violation procedures in Criminal and Misdemeanor Law ·
Hey, Thomas Miller80... look... okay, please forgive me 🙂
Traffic violation procedures in Criminal and Misdemeanor Law ·
copperangler15, I’m seeing the exact same thing over here....
To be honest, I have no clue which street they're talking about, and I suspect the officer is a local, so he probably didn't make a mistake.

But look... regarding the mail delivery, if you don't receive it after several attempts, they just send an officer right to your door to try and hand it to you personally...🙂
Traffic violation procedures in Criminal and Misdemeanor Law ·
Exactly. I mean, what’s even the point of filing an objection if I’m not allowed to explain my side? Or are we just following that logic where I’m expected to lay everything out for the judge anyway??! But honestly, based on my own experience and everyone I know, most judges just glance at the motion and decide right then and there. That's it. 🙂
Traffic violation procedures in Criminal and Misdemeanor Law ·
Mark Sullivan62 said:Look, you aren't doing anything right now. This is just police paperwork. It might show up, it might not.

If it does arrive, they’ll list the specific fine for whatever violation occurred, and they'll tell you to pay it right there.

But don't just pay it. Wait until the very last possible second—like that 8-day window they usually give you—and then file your appeal. Only then does it actually head to the courts. That process takes an absolute eternity; by the time you get a summons to appear, half the statute of limitations has already evaporated.

Right now, you do nothing. Absolutely nothing.

Just wait.

I'm telling you this from firsthand experience. I've had twelve different citations, a few from fender benders, and every single one of them hit the statute of limitations. I never paid a dime, and I don't have a single point on my license.

Trust me on this.

If you go ahead and file an appeal right this second, you're basically admitting you were actually there (even if that appeal doesn't carry much weight in court anyway, it just makes it obvious you're trying to wiggle out of it).

Do exactly what I told you, and the only thing you'll owe me is a plate of BBQ ribs and a couple of cold beers.🙂

Forget the theorists; I'm a man of action.


Man, some people say one thing and others say the complete opposite... can we please just get some consensus here?🙂

So, here’s the deal:
- I got a citation that I didn't sign, even though the officer noted "handed to subject personally."
- He called dispatch over the radio to ask for the ticket number (the next one in the sequence).
- I already received the payment notices.

So, what am I supposed to do? Should I just wait and then try to wiggle out of it, or should I file an appeal only to have them tell me it's not being considered?😢
Traffic violation procedures in Criminal and Misdemeanor Law ·
I just want them to tell me what happens if I end up missing that initial deadline to file an appeal
Traffic violation procedures in Criminal and Misdemeanor Law ·
I'm with you on that 😁 alright... let's just wait for Laura 🙂
Traffic violation procedures in Criminal and Misdemeanor Law ·
So... I guess I should just file an objection against the court's decision once it actually arrives...
rather than contesting this citation right now?
Traffic violation procedures in Criminal and Misdemeanor Law ·
Aha... so this is actually a smarter play. I guess the idea is to avoid fighting the initial ticket and instead wait to challenge the actual court ruling? (Assuming I can dodge the officer once or twice, of course)....