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Posts by Thomas Miller80

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Traffic violation procedures in Criminal and Misdemeanor Law ·
It’s pretty straightforward—Mark Sullivan62 just overcomplicates things with all his advice, which ended up driving Michael Perez5 absolutely crazy 😬
Honestly, I have to admit that Mark Sullivan62 even managed to trip me up for a second with his "expertise"—just for a moment, though 😁
Traffic violation procedures in Criminal and Misdemeanor Law ·
Seriously, Sandra Parker3, give me a break—I already laid out the most important points for him over twenty different posts.
It’s happened several times now, ☕
you just swoop in like a paratrooper—either say something actually helpful regarding the topic or just don't say 🥳
anything at all.
Traffic violation procedures in Criminal and Misdemeanor Law ·
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.☕
Traffic violation procedures in Criminal and Misdemeanor Law ·
copperangler15 said:I give you credit for pasting the actual statute here, but unfortunately, I’m a layman. I don't understand a word of this legal jargon. Personally, I prefer to rely on the lived experience of others, though I truly wish these laws were written in plain English that everyone could actually grasp. Since I didn't go to law school, this stuff is all Greek to me. 😢

(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. 😉
Traffic violation procedures in Criminal and Misdemeanor Law ·
Michael Perez5 said: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...🙂

yeahI think
sotoo

🥳
Traffic violation procedures in Criminal and Misdemeanor Law ·
Michael Perez5, I already told you at least twice in this thread that you won't have to explain yourself in court
seriously—do you actually read the replies or just charge ahead blindly?

I mean, I literally quoted the specific statute!!! where it says no explanation is required—Section 167, Paragraph 4
Traffic violation procedures in Criminal and Misdemeanor Law ·
copperangler15 said:I think you really ought to file an appeal. I learned the hard way that skipping a contestation isn't an option. Once, for a minor infraction I didn't bother appealing, I received a court summons that felt like a total ambush. It arrived on the Friday right before Christmas, with a hearing scheduled for the Wednesday immediately following the holiday. The notice didn't even mention any excuses for being unable to attend; if I didn't show up, they were implying I could face jail time. There was no wiggle room to justify an absence, so I had no choice but to appear. Honestly, it was a complete nightmare, especially since the offense was so trivial—I was driving a brand-new car with registration that had expired just four days prior.

Section 165, Subsection 4 of the US Misdemeanor Code
I just cited it above 😉
Traffic violation procedures in Criminal and Misdemeanor Law ·
Yeah, just you wait 😬
send over the final bill 😬

By the way, have you actually read the law? Filing an objection triggers a formal misdemeanor proceeding
—so why on earth would they bother accepting or rejecting anything if the objection doesn't provide a proper explanation per
Section 167, Subsection 4?
Traffic violation procedures in Criminal and Misdemeanor Law ·
It’s all a bit of a mess, and honestly, I couldn't be bothered to bold the key points for this thread 😬
but here's the deal—who actually issues the warrant (one thing is the police, which is what you were handed), when it becomes legally binding (meaning it's basically over, game set match), the deadline to file an appeal, and what happens once that appeal is processed 🙂
Traffic violation procedures in Criminal and Misdemeanor Law ·
The misdemeanor laws—honestly, what a joke—are just one giant loophole for anyone with enough cash to ignore them. It’s basically a "pay to play" system where the rules only apply if you can't afford the fine.
The right to appeal—and when an administrative ruling actually becomes final—is where things always get messy. It’s like trying to settle a dispute with a referee who refuses to look at the replay; you think you have a shot, but the rules are rigged to shut you down before you even start.

Section 87—it’s just another example of how the system works against us.

A misdemeanor ruling basically becomes final once you run out of ways to fight it—either because an appeal isn't allowed or because you just didn't file one. If nobody appeals, or if the folks in charge decide to waive their right to contest it, that decision becomes set in stone once the deadline passes—or immediately if they officially back down. It’s the same deal with a citation; it sticks once the window for an objection closes, or if the person just gives up and decides to comply with the order.

The agencies authorized to issue misdemeanor citations—and honestly, they're all over the place—are usually local police departments or county sheriffs. It’s basically whoever has the badge and the jurisdiction to hand you a ticket on the spot.

Article 160—just another piece of bureaucratic nonsense—is basically just more red tape designed to slow everything down.

Under the terms laid out in this Law, an infraction notice for a misdemeanor proceeding can be issued by:

The court—it’s just another mess.

The governing body responsible for handling misdemeanor proceedings—basically, the administrative entity that runs the whole show when things go south legally.

The Department of Justice—just another bureaucratic machine grinding away.

The cops—again. Honestly, it’s getting ridiculous at this point.

It’s basically all those inspection agencies and various government bodies—the ones tasked with sniffing out violations during their routine checks or oversight duties—plus any legal entity wielding public authority while they're actually exercising the powers handed to them.

The legal reach of the U.S. Attorney, local police, federal inspectors, and various other government agencies—basically any authority with teeth—is basically one giant, overlapping mess of administrative citations.

Section 164—just another classic example of bureaucratic overreach—is basically the legal equivalent of a speed trap set up just to squeeze you dry.

The police, inspectors, various federal agencies, local government offices, and any public entities—including their authorized officials—all have the power to slap you with a citation if they catch you breaking the law.

Just watching their authorized officials out there doing their inspections—or whatever other oversight they claim to be handling—is enough to make your blood boil.

During an inspection—whether it’s a routine audit or some other kind of oversight—they’ll be combing through all the paperwork, checking out the facilities, and inspecting the inventory. Basically, they have the right to use any legal and appropriate method to get a look at everything.

3. via monitoring and measurement gear—you know, the standard tech setup.

Under this specific violation notice, you're looking at either a fixed-rate fine or a protective measure—nothing else. If there isn't a set amount listed for the offense, the agency just defaults to the absolute minimum fine allowed by law. On top of that, they can tack on restitution and legal fees if the damages are based on a standard price list or if the court costs are already set in stone.

Look, here’s the deal—local government bodies, regional authorities, and any legal entities wielding public power can only slap you with a fine via a citation order—unless there's some specific federal statute that says otherwise. It's pretty straightforward, really.

When the U.S. Attorney—under the authority granted by this Act—decides to kick off a misdemeanor proceeding, they aren't just stuck filing paperwork; they can actually issue a citation directly—provided they play by the rules laid out in paragraphs 1 and 2 of this section, along with Section 161. It’s basically a streamlined way to handle things—cut through the red tape, you know?

The scope of misdemeanor charges—specifically those brought by the U.S. Attorney's Office, administrative agencies, and other public entities—is basically all over the map. It’s everything from local regulatory slips to major federal violations—it's a massive, messy net.

Article 165—honestly, it’s just another classic example of bureaucratic nonsense—and if you think for one second that this actually protects anyone, you haven't been paying attention to how these laws are written.

When an agency issues a citation under Section 160, Subsection 1, Items 3 through 5 of this Act—it’s gotta be in writing. Period. The header needs to clearly state which federal prosecutor's office or specific administrative body is handing it out—plus the actual regulation that gives them the authority to do it in the first place.

The wording on a formal citation—you know, those official penalty notices—has to include the following:

Full name, home address, and current residence of the defendant—or, if we're talking about a corporation, the official name and headquarters of the legal entity being charged.

The law—or whatever specific regulation or general act defines the violation and its penalty—has to be clearly established first. It’s basic stuff, really—you can't just pull a fine out of thin air without a written rule backing it up!

The third offense—we’re talking about when you get hit with charges for the specific timing and location where the crime actually went down.

So, you’re looking at that fine and the protective measure—and the specific regulation that actually backs up both the penalty and the other sanction...

The ruling on damages—it’s a joke, really—just another example of how things work around here.

The ruling on legal fees—man, what a mess.

Look, the rule is simple—you’ve got exactly eight days to cough up the fine, the damages, and all those extra costs—unless you decide to just settle up right then and there on the spot where the officer caught you. It’s like any other legal headache in the States; pay up quickly or deal with the fallout later.

The ruling's justification will just give a quick rundown of the evidence—basically, the bare minimum needed to show why the agency actually has the right to issue the order.

Look—when an official citation is issued, the paperwork better state exactly how you can contest it—who to notify, how to do it, and what the deadline is. If you miss that window? Boom—it becomes final. You’re looking at forced collection, community service, or even jail time depending on the law. Plus, if they find you guilty, you'll be on the hook for all the legal costs too. It's pretty straightforward stuff.

Look, it’s pretty simple—a citation can be issued using the standard official form, and yeah, they can just whip it up electronically these days.

The citation gets handed directly to the offender right then and there—either at the scene of the violation or wherever the inspector catches them red-handed. Simple as that.

The sheer rigidity they show when slapping you with a misdemeanor fine—it’s absolute madness! It’s like trying to argue with a brick wall that only speaks in citations.

Article 167—yeah, that’s the one.

Look, if you get slapped with a citation, you—or your lawyer, or whoever’s representing your company—have exactly eight days from the moment it hits your hands to file an objection with the agency that issued it. And just so we're clear: filing that thing on time actually puts the whole penalty on hold—it stops the clock.

Look, here’s how it works—and don't let anyone tell you otherwise—an objection can be filed not just by the defendant, but also by their spouse, partner, immediate family like a parent or sibling, an adopted child, or even a veteran. The clock for that deadline starts ticking the second the citation gets handed over to the defendant or their attorney. Simple as that.

Look, if you pay that fine—including the damages and court costs ordered in the citation—you’re basically waving the white flag on your objection. You’ve effectively waived your right to fight it, leaving you with nothing left to pull out of your sleeve except a petition for judicial review. But—and this is a big "but"—if you only cough up the fine and leave the damages and costs unpaid, your initial objection acts like an appeal against those specific parts of the ruling. It's a massive distinction—don't trip over it.

Look, if you’re filing an objection to a citation, don't overthink it—just make sure you clearly state which ticket you're contesting, include your address, and sign it. You don't even need to write a novel explaining yourself—unless, of course, you're actually proposing specific evidence to back up your case, then you better have your facts straight and explain that part properly.

The procedure for contesting a misdemeanor citation—it’s basically a bureaucratic nightmare—is always a headache.

Section 168—yeah, that's the one.

If you file an objection that’s late, incomplete, or just plain invalid—the agency that issued the citation is going to toss it out immediately. Period. If you want to actually fight it, you've got a three-day window from the moment you get the ticket to file an appeal with the Superior Court.

The appeal—along with the entire case file—is being sent straight to the High Court for a final ruling, no delays this time.

If an appeal is filed late or just plain invalid, the High Court is going to toss it out—period. If they decide it’s baseless, they’ll reject it, pack up the case file, and send it right back to the agency that issued the citation in the first place, making sure you get a formal notice about it. But—and this is the important part—if the appeal actually holds water, the High Court will strike down that initial dismissal. They’ll then order the issuing agency to hand everything over to the proper court for a real decision, or if that agency is specifically tasked with handling objections, they have to pick up exactly where they left off and finish the whole enforcement process as if it were a fresh summons. Of course, if the High Court is already the designated authority to handle the objection itself, they aren't going to play games by sending it back—they'll just step in and resolve the matter themselves.

If the objection doesn't get tossed out, the DA or whatever agency slapped you with that citation—assuming they aren't actually the ones in charge of the proceedings—has to pass it along to the proper court or administrative body immediately. From there, it’s like they’re treating the ticket as a formal request to kick off a full-blown legal proceeding, which means they’ll jump right into processing everything against the person named in the citation.

Look—if you file an objection against a citation from a court or some administrative agency, and they don't just toss it out immediately, then that objection essentially turns into a formal request to kick off a full-blown misdemeanor proceeding. It’s like when you contest a ticket in Chicago—once they accept the challenge, the whole legal process just shifts gears and keeps rolling forward.

(6) Once an appeal against a citation is filed, the administrative body voids the original ticket—plain and simple—and moves into a formal hearing. At this stage, they can't just hand out another ticket; the court has to hold a full hearing, or the agency overseeing the case has to follow the strict procedures laid out in the US legal code.

(7) During these proceedings, whoever issued the initial citation is treated as a party to the case. If a District Attorney is the sole authority allowed to trigger the process, the agency will ask them within 15 days if they want to stick with the original citation, amend it, or just drop the whole thing. If the DA stays silent past that window? Well, then the original citation stands as the official request to move forward.

(8) The judge or the presiding agency isn't stuck with the specific details of the violation listed, nor are they tied to the exact type or amount of fine prescribed—they have more leeway than that.

1. Initiating, Starting, and Suspending Proceedings

Requesting a Formal Violation Proceeding

Section 170.

(1) A formal proceeding kicks off when either the competent authority or the victim files a petition. We're talking about entities like the Department of Justice, regulatory agencies responsible for enforcing specific rules, inspection teams, or any legal entity exercising public authority. If those primary groups fail to act, the higher-level oversight bodies have the power to step in and pull the trigger themselves.


I don't think we need to get any more granular than this. 😬
Traffic violation procedures in Criminal and Misdemeanor Law ·
Look, you don't do a single thing right now. This is just a notice from the cops—maybe they show up, maybe they don't

If they do come knocking, they’ll hit you with a citation for this and that, telling you to pay it there

But don't actually pay it. Instead, within the window they give you—I think it's like 8 days—you file an appeal. Only then does it head to court. And man, that takes forever—by the time you get a summons, half the statute of limitations has already evaporated

So, sit tight. Don't do anything. Absolutely nothing

Just wait

I'm telling you from experience here. I've had 12 different citations—a few from fender benders, all of them eventually expired. I never paid a dime, and my driver's license record is still spotless

Trust me on this one

Because if you go ahead and file that appeal now, you're basically admitting you were actually there—even if that appeal doesn't mean much in front of a judge, it makes it obvious you're just playing games

Do exactly what I told you, and the only cost to you will be buying me a plate of sliders and a couple of beers

Forget the theorists—I'm a man of action
__________________


Honestly, I am totally lost here
So you get a citation, and then when "the other thing" finally arrives, you'll probably get a bill in the mail😕
What kind of appeal are you even supposed to file for that?
No, seriously, I'm curious—did you read all this somewhere else? Because the way you're explaining it makes zero sense to me
Traffic violation procedures in Criminal and Misdemeanor Law ·
on this ☕
Regarding that other option—I honestly can't see how that works. I just don't get it—you miss the deadline to file an appeal and then what? The only thing that makes sense to me is that the government just collects the fine without even holding a hearing to decide if you're actually guilty or not 😉

Hold on until Laura confirms this, though. She’s been dealing with this stuff way longer than I have 😬
Traffic violation procedures in Criminal and Misdemeanor Law ·
Michael Perez5, you're filing an objection without providing any reasoning!
so just cut out that last paragraph 😉

after that, they kick off the misdemeanor proceedings—meaning they'll summon you to a hearing. That's where you can explain yourself as much as you want. If you have evidence you want to present (like asking to cross-examine an officer and the court actually grants it), they'll schedule another hearing. Eventually, the court will hand down a decision, which you can appeal to the higher appellate court within a specific timeframe (I think it's 8 or 15 days from when you get it, I can't remember the exact rule right now).
Hopefully the process makes sense now, though I feel like I've explained this "correctly" at least four times already—not to mention how many times Laura, crimsonsailor7, or Jack 😬
have had to hear it. Whether or not the statute of limitations kicks in? Nobody can tell you that. It all depends on how fast they schedule your hearings—some judges stay on top of things, while others are either totally swamped or just plain lazy 😁

Anyway, good luck 😉
Traffic violation procedures in Criminal and Misdemeanor Law ·
You can file a formal complaint against that officer—just make sure you include their badge number and lay out the whole story. Look, it might not actually get you much help, but if you’re feeling fired up about it—go for it.

As for contesting the citation, you don't need to provide an explanation right away. Once you file the appeal, it kicks off a formal court proceeding, and *that's* when you can explain yourself as much as you want.😁

Wait, I just noticed you didn't sign anything—in that case, let Mark Sullivan62 point you in the right direction.😬
Traffic violation procedures in Criminal and Misdemeanor Law ·
Look, what’s there to explain? I’m just filing an appeal against citation number 🙂
.
As for complaining about how the officer handled things—you can't just dump everything into one pile. Those are apples and oranges—you have to file a separate complaint regarding officer conduct. Just save that part for when you actually get to write the 😁
.
Traffic violation procedures in Criminal and Misdemeanor Law ·
Why doesn't the citation include a section for an appeal?
The kind where you don't even have to provide a formal explanation
Traffic violation procedures in Criminal and Misdemeanor Law ·
Look, you didn't settle up when you were supposed to 😬
Traffic violation procedures in Criminal and Misdemeanor Law ·
I saw you stirring up a massive panic over on the other thread too 😁
Traffic violation procedures in Criminal and Misdemeanor Law ·
It’s not a given 🥳
The misdemeanor court is still just a trial court—it won't act as an appellate court until after the reforms go through 😬
Saving for my kid in Banking, Insurance & Loans ·
Cockroach-saver 🙏 🙏

😬

I have zero clue what they mean—but whenever I hear someone on TV call it a "cockroach-saver," I honestly die laughing
Feels more like some ridiculous way for the Federal Reserve to squeeze us dry 🙂