282 posts shown.
Michael Perez5 said:I guess I have a whole pile of advice on why I shouldn't write him...
urbanraven16 said:Oh, Michael Perez5... seriously, how did nobody give you a heads-up on this disaster? :-(
It’s pretty much over now... once they hand you that citation on the spot, it doesn't matter if you haven't paid yet—the clock starts ticking the very next day for your window to contest it... if you wanted to stop that citation from becoming final, you had to file an appeal within eight days...
But now it's official, and you've already missed the deadline to try and roll back the whole mess...
Unfortunately, there isn't much left to do, so you're looking at turning in your driver's license, and you'll have to cough up the fine plus all the extra fees, otherwise they'll just send it to collections through the IRS, and if that fails, things could get even uglier with potential jail time...
It really is a shame, because there was a decent shot at getting a suspended license instead or maybe even a lighter fine...
Man, for crying out loud, didn't any lawyer around here think to give this guy a little advice before it hit the fan?!
Michael Perez5 said: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?
Michael Perez5 said: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.
| Casey Ramos31 I can't even begin to wrap my head around what Douglas Diaz3 was saying about this... it's just one of those things where you stare at the screen for a minute trying to process the sheer weight of it all, and honestly, I don't think I'll ever quite get there... it’s like when you’re watching a classic film directed by Quentin Tarantino and you realize halfway through that everything you thought you knew about the plot was totally wrong, and you're just left sitting there in the dark, wondering how you missed all the signs... it really makes you rethink everything, doesn't it... I mean, if someone were to just come up and jump you on the street or something, wouldn't that actually affect you too...😕 |
Casey Ramos31 said:Of course it matters to him! Who else would it matter to? If he can't get a massive settlement, the least he can get is some damn justice.
Jason Morgan4 said:A broken nose is a serious physical injury. He's complaining about insomnia, breathing issues, blackouts, and neck pain from the whiplash... so just grab whatever settlement you can get. Regardless of any fractures, a BROKEN nose alone is a MAJOR PHYSICAL injury...
As for suing for damages, good luck in civil court...
slyrider16 said:It’s honestly pathetic how the current laws and legal precedents handle this stuff. But hey, I doubt I’ll even live long enough to see actual physical assaults get punished properly...
urbangull25 said:Can someone walk me through Section 138 of the probate code?
STATUTE OF LIMITATIONS ON INHERITANCE CLAIMS
(1) An heir's right to claim an estate from a good-faith possessor—who also claims heirship—expires one year after the heir learns of their right and the identity of the possessor. At the absolute latest, this expires ten years after the decedent's death for legal heirs, or upon the reading of the will for beneficiaries named in a testament.
(2) When dealing with a bad-faith possessor, the right to claim expires after twenty years.
What’s the actual bottom line here? I need a "translation" into plain English.
Thanks in advance.😁
Gregory Cooper5 said:So, I was looking into the misdemeanor law, specifically section 138. That’s the part they cited in the precautionary measure order. And yeah, you can definitely file an appeal, but the catch is that it doesn't actually stop the order from being enforced right away. It got me thinking—it might actually be worth appealing just to see what happens. Is it even possible for the same case to end up going two different ways if it lands in front of two different judges? It feels like such a wild loophole...
I’m going to spend a little more time digging through the misdemeanor law to be sure, but I’ll go ahead and draft what you suggested, urbanraven16. I'll touch base with you once that's done!
Thomas Miller80 said:Please, Sandra Parker3 is always two steps ahead of us—she knows exactly what the author meant before they even hit "post" 🙏 🙏
Sandra Parker3 I can't believe I'm even saying this, but...
But her dad is... I was just sitting here thinking about the whole concept of an heir... you know, that weight of legacy and what actually gets passed down through the generations when we talk about succession and inheritance... it’s such a heavy thing to wrap your head around sometimes... how one person's choices end up shaping everything for whoever comes next... whether it's wealth, or just the reputation a family builds over decades in places like Chicago or New York... it really makes you wonder if we ever truly own anything, or if we're all just temporary caretakers for the people following in our footsteps...!!!
So, I was sitting here thinking about how much of a headache dealing with an estate can be, especially when you're trying to figure out that mandatory portion—you know, the part that's legally set aside for certain heirs... It’s honestly such a massive puzzle sometimes, and if you miss one little detail in the calculations, the whole thing just falls apart... I've been staring at these numbers for a while now, just trying to wrap my head around the math behind the forced heirship rules here in the States, because it feels like there's always some fine print waiting to trip you up... It really makes you realize how important it is to get everything lined up perfectly before you even think about moving forward... I don't even know where to start with this one, but I've been sitting here thinking about how things are shifting lately... it feels like everything is just moving at such a different pace than it used to, you know? Like, you look back at how we used to handle stuff versus how it is now in America, and there's just this massive gap that wasn't there before... it's kind of wild if you really stop to process it... That gift...
copperangler15 said:That’s exactly my point. If you can't swap the fine for community service, why is it even listed on the citation? I was hit with a $333 fine myself, and it begs the question: shouldn't there be different types of citations? Why aren't higher fines issued on separate forms that explicitly state community service isn't an option?🤔
Mark Sullivan62 said:Exactly, I didn't even sign anything so there's nothing to appeal from
I wouldn't pay it, and I wouldn't bother with a formal appeal either
Because by the time you actually end up in front of a judge, more than half the statute of limitations has already evaporated, and you can just play dumb and act like you have absolutely no clue what they're talking about
In my experience, the cops first had to try and figure out if I was even physically present at the scene, since they didn't have a shred of proof that I was—because, again, I never signed a thing—and as for whether I was actually guilty or not, they haven't even gotten around to making a call on that yet
Mark Sullivan62 said:Exactly, I didn't even sign anything so there's nothing to appeal from
I wouldn't pay it, and I wouldn't bother with a formal appeal either
Because by the time you actually end up in front of a judge, more than half the statute of limitations has already evaporated, and you can just play dumb and act like you have absolutely no clue what they're talking about
In my experience, the cops first had to try and figure out if I was even physically present at the scene, since they didn't have a shred of proof that I was—because, again, I never signed a thing—and as for whether I was actually guilty or not, they haven't even gotten around to making a call on that yet