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Traffic violation procedures

Started by restlessdriver87 · · 👁 22 views · 1.6K replies

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Thomas Miller80 Thomas Miller80 Active Member
93 messages
joined Jun 2007
#201 ·
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.☕
Sandra Parker3 Sandra Parker3 Regular
419 messages
joined Oct 2007
#202 ·
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...🙂

Thomas Miller80 said:yeahI think
sotoo

🥳

Brilliant, honestly, that's the most important part of this whole mess.... 😲
Kudos to Michael Perez5
Michael Perez5, happy birthday—though you're a few days late, aren't you? 🙂
Thomas Miller80 Thomas Miller80 Active Member
93 messages
joined Jun 2007
#203 ·
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.
Sandra Parker3 Sandra Parker3 Regular
419 messages
joined Oct 2007
#204 ·
You want my honest opinion?
-Between all the overthinking and everyone dumping legal articles everywhere, I can't make heads or tails of any of it,
-I don't have much to contribute since I've never actually been in a situation like this; the absolute worst that happened to me was getting pulled over and having the officer just give up on the ticket—I guess my charm worked that time
-And if you're asking whether I'm interested, yeah, I am, because you never know when you might stumble into a mess like this one
-Also, honestly, correcting someone's grammar when they're clearly freaking out isn't exactly... well, anyway, kudos to you for putting in the effort both before and after...
Thomas Miller80 Thomas Miller80 Active Member
93 messages
joined Jun 2007
#205 ·
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 😁
Sandra Parker3 Sandra Parker3 Regular
419 messages
joined Oct 2007
#206 ·
Thomas Miller80 said: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 😁

It didn't even last a second for me.
All you guys need to do now is figure out if the law applies the same way today as it did back then.🙂
copperangler15 copperangler15 Member
23 messages
joined May 2007
#207 ·
In any case, I’ll be sure to update everyone on how my situation eventually plays out. Since this is my first real brush with the law, 😢
Mark Sullivan62 Mark Sullivan62 Active Member
147 messages
joined Jul 2009
#208 ·
Wait, what?
You're talking about contesting a citation, which is exactly the point I was making to the OP.
As far as I recall, these types of citations are relatively new—ever since that updated misdemeanor law went into effect back in late 2002, the police have had the authority to issue them on the spot.

I just don't get it—why are you trying to play legal expert by lecturing the OP on how to file an appeal when you were the one jumping at every single legal loophole the second it suited you? 😕 You’re being completely contradictory here. ☕

Honestly, I didn't realize he’d already been slapped with the fine right then and there.

I was under the impression he hadn't even received it yet and was already planning his legal fight.
Mark Sullivan62 Mark Sullivan62 Active Member
147 messages
joined Jul 2009
#209 ·
Thomas Miller80 said: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 🙂

Sorra, my bad, I didn't realize he had already received it.

Whatever you do, don't miss those deadlines, but if you can, milk them for every second they're worth—use them right up until the very last day.
Sandra Parker3 Sandra Parker3 Regular
419 messages
joined Oct 2007
#210 ·
Thomas Miller80, Mark Sullivan62, you guys nailed it!
If only someone would just drop a quick summary—just the facts, no quotes, no drama—so we actually know the who, what, when, and how. Honestly, I can't be bothered reading through everything from the top every single time, and it’d be way easier to get the most out of this if we had a cheat sheet. 🙂
whether it's first thing in the morning or after a backyard BBQ........... 🙂
Michael Perez5 Michael Perez5 Active Member
81 messages
joined Nov 2004
#211 ·
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.😉
Mark Sullivan62 Mark Sullivan62 Active Member
147 messages
joined Jul 2009
#212 ·
Michael Perez5 said: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.

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.😉

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
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#213 ·
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

But you mentioned earlier that you appealed everything possible. This guy already got hit with a citation that explicitly says 'refused to sign.' That means he was physically there, he just refused to put pen to paper...

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

That doesn't mean it always works out that way, though. You've got plenty of lazy judges out there, but then you've got those ambitious ones who don't take minor infractions lightly at all...
copperangler15 copperangler15 Member
23 messages
joined May 2007
#214 ·
Michael Perez5 said: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.

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.😉

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?🤔
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#215 ·
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?🤔

they basically just use one standard template for everything 🙂

we've already touched on this somewhere else, but apparently, you can substitute community service for any fine up to $167...
copperangler15 copperangler15 Member
23 messages
joined May 2007
#216 ·
crimsonsailor7 said:they basically just use one standard template for everything 🙂

we've already touched on this somewhere else, but apparently, you can substitute community service for any fine up to $167...

I’d read about that before, which is why I found it so strange. Why on earth would I receive a citation with a fine of $333 that explicitly states I have the option to swap the penalty for community service?
Thomas Miller80 Thomas Miller80 Active Member
93 messages
joined Jun 2007
#217 ·
I’m officially done with all of this—just washing my hands of the whole mess🙄
Whoever actually gets it, gets it 🙂—but clearly, most people are just clueless
Michael Perez5 Michael Perez5 Active Member
81 messages
joined Nov 2004
#218 ·
That’s just how it goes, man... but the rest of us? We keep pushing forward. 😉
Sandra Parker3 Sandra Parker3 Regular
419 messages
joined Oct 2007
#219 ·
Alright, let me jump back in here like a total amateur. Honestly, I'm almost afraid to ask. 😲 You guys have made this way more complicated than it needs to be. The real question is actually this:
Gregory Walker15 said:Pardon me for hijacking Michael Perez5's thread... but could someone finally clarify one thing for me? What is the actual difference if you sign or don't sign?

Is it possible to file an appeal in either scenario? 🤔

Michael Perez5 said: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?😢

Is an officer's word enough when they write "handed to me personally," assuming that skipping the signature means you haven't officially "received" it? 😕 In other words, if there's no signature, does that eight-day clock even start ticking, or are they required to send it via certified mail first?
Michael Perez5 Michael Perez5 Active Member
81 messages
joined Nov 2004
#220 ·
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? 😢

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