Alleged red light violation!

A few days ago, I got pulled over at the border like some kind of high-profile fugitive, and the police went through my entire car and ended up seizing my driver's license—it was nothing but a massive, unnecessary headache.
The whole thing stems from an alleged red-light violation that supposedly happened about a year and a half ago. They’re basing this entire ordeal on a single police report, which is the only "evidence" they have. I never signed that report, and there isn't even a photo of me actually running the light or anything to substantiate the claim. On top of that, they used this expedited citation process that I wasn't even aware was happening; apparently, in eighteen months, the police failed to send me a single summons, notice, or any official documentation to let me know there was a case against me! Now, out of nowhere, my license is suspended for two months for an incident where they can't even prove I was present, let alone that I committed the infraction. I tried heading to the local courthouse, but they told me they don't handle this—they said it’s handled by the second precinct of the Port Police Department, which is where the original citation was filed. The entire situation is riddled with logical fallacies and procedural failures, so I’m wondering what my options are here. Regardless, my next move is to head down to the Port precinct this Monday...
Is this even legal under our laws???

velvetseal9 said:A few days ago, I got pulled over at the border like some kind of high-profile fugitive, and the police went through my entire car and ended up seizing my driver's license—it was nothing but a massive, unnecessary headache.
The whole thing stems from an alleged red-light violation that supposedly happened about a year and a half ago. They’re basing this entire ordeal on a single police report, which is the only "evidence" they have. I never signed that report, and there isn't even a photo of me actually running the light or anything to substantiate the claim. On top of that, they used this expedited citation process that I wasn't even aware was happening; apparently, in eighteen months, the police failed to send me a single summons, notice, or any official documentation to let me know there was a case against me! Now, out of nowhere, my license is suspended for two months for an incident where they can't even prove I was present, let alone that I committed the infraction. I tried heading to the local courthouse, but they told me they don't handle this—they said it’s handled by the second precinct of the Port Police Department, which is where the original citation was filed. The entire situation is riddled with logical fallacies and procedural failures, so I’m wondering what my options are here. Regardless, my next move is to head down to the Port precinct this Monday...
Is this even legal under our laws???

Well, I think I read somewhere in one of the threads that the statute of limitations for enforcement is a year... maybe do a little digging on that. This whole thing sounds incredibly shady to me—and you said this happened at the border??

Charles Patel62 said:Well, I think I read somewhere in one of the threads that the statute of limitations for enforcement is a year... maybe do a little digging on that. This whole thing sounds incredibly shady to me—and you said this happened at the border??

don't worry, Lara will pull him out of this mess just fine...

yeah, right at the border, why are you even surprised? if he had been properly ID'd and vetted somewhere before hitting the border, he would have been caught there too.

the statute of limitations on enforcing sanctions is one year relatively, and two years absolutely... now, Lara can explain exactly what interrupts that clock and when it doesn't run at all, much like how an impartial witness statement works—you know, that classic "he said, she said" situation—and just how many facts actually matter when physical evidence is non-existent under those circumstances...

Here’s a similar situation I dealt with myself.
Got hit with a speeding ticket in a residential zone, which carries a 31 miles three-month license suspension. Problem is, I have zero memory of when this supposedly happened, nor do I have any clue they even caught me on camera. Whatever, I just showed up to court to figure out what was going on and asked to face off against the cop who allegedly snapped the photo.
Since then, there have been six scheduled hearings. I showed up to every single one, and the cop? Nowhere to be found. Not once.
Honestly, I lost my patience. Told the judge I’m done playing these games and won't be showing up anymore.
So, yeah. That's where things stand.

mistyranger said:Here’s a similar situation I dealt with myself.
Got hit with a speeding ticket in a residential zone, which carries a 31 miles three-month license suspension. Problem is, I have zero memory of when this supposedly happened, nor do I have any clue they even caught me on camera. Whatever, I just showed up to court to figure out what was going on and asked to face off against the cop who allegedly snapped the photo.
Since then, there have been six scheduled hearings. I showed up to every single one, and the cop? Nowhere to be found. Not once.
Honestly, I lost my patience. Told the judge I’m done playing these games and won't be showing up anymore.
So, yeah. That's where things stand.

Let it stay right where it is, honestly, because it actually works in your favor...

At this point, we aren't even talking about whether my license is expired anymore; the reality is that they’ve already confiscated my driver's license, and there is likely a notation stamped on it stating that I am legally barred from driving from July 25th through September 25th.
The core issue here is that they processed this entire expedited misdemeanor proceeding entirely behind my back, without my knowledge or any involvement whatsoever. They failed to deliver a single summons, a decision, or even a basic notice to me for an entire year and a half. Consequently, they’ve effectively declared me guilty in absentia, stripping me of my right to contest the charges or present a defense, relying solely on the word of some officer written down in a report!
The only window I had to file an appeal was within that narrow eight-day period specified on the citation—a document I never even laid eyes on until I walked into the Heinz office eighteen months later to discover what on earth had happened to me.
What kind of recourse do I actually have left?

velvetseal9 said:At this point, we aren't even talking about whether my license is expired anymore; the reality is that they’ve already confiscated my driver's license, and there is likely a notation stamped on it stating that I am legally barred from driving from July 25th through September 25th.
The core issue here is that they processed this entire expedited misdemeanor proceeding entirely behind my back, without my knowledge or any involvement whatsoever. They failed to deliver a single summons, a decision, or even a basic notice to me for an entire year and a half. Consequently, they’ve effectively declared me guilty in absentia, stripping me of my right to contest the charges or present a defense, relying solely on the word of some officer written down in a report!
The only window I had to file an appeal was within that narrow eight-day period specified on the citation—a document I never even laid eyes on until I walked into the Heinz office eighteen months later to discover what on earth had happened to me.
What kind of recourse do I actually have left?

Honestly, you need to hire a lawyer and sue them. It's a blatant violation of your constitutional rights; you were denied due process, denied the right to counsel, and denied the right to appeal. On top of that, you're being actively harmed because they've taken your ability to drive.

That’s exactly what I thought at first, but honestly, my faith in the American judicial system is anything but unshakable right now.
As a student, I can't just throw money away on legal fees—especially when retainer rates are hovering around $167—for a case where the final outcome feels like a total roll of the dice...
I’m heading into court this Tuesday, but I’m feeling pretty uneasy about how all of this is going to play out... if anyone has any insight or advice, I'm all ears.

Listen, I’m going to give a little unsolicited advice to any legal professionals lurking here!!!

When you head down there, don't just take their word for it—demand to see the actual resolution, the citation, or whatever paperwork they're pulling out, along with the official proof of service

If they can't produce a valid proof of delivery, then legally speaking, you were never actually given the opportunity to file an appeal in the first place

Just be careful, though; you really don't want them trying to claim your grandmother signed for the package when she definitely didn't🙄

velvetseal9 said:Listen, I’m going to give a little unsolicited advice to any legal professionals lurking here!!!

now lara35 is gonna step in...

come on lara, why don't you tell this guy how it really is?