Traffic violation procedures

Guys, you haven't actually given me any advice on what to write in this speeding ticket appeal for driving through a residential zone.

Can someone smart please weigh in? I'm not looking for those people who just try to lecture me on how paying the fine is the easiest way out.

Thomas Miller80 said:If you actually bothered to read everything, you would’ve noticed the statute of limitations is two years from the offense—which isn't just mentioned in this thread, but is also right there in the stickied post. For crying out loud, just follow the INSTRUCTIONS—read them before starting a new topic.

Okay, I did see that! But I also saw people mentioning how they filed paperwork right before the clock ran out. It’s pretty obvious here that the initial incident happened on June 24, 2005, yet the official decision wasn't issued until May 19, 2007—and let's be real, there's no way that paperwork was just sitting in the mail for two and a half months... My big question is: is there anything I can actually do? They just sent me a bill for $500 plus $37 fees. Thanks!

lonefalcon13 said:Okay, I did see that! But I also saw people mentioning how they filed paperwork right before the clock ran out. It’s pretty obvious here that the initial incident happened on June 24, 2005, yet the official decision wasn't issued until May 19, 2007—and let's be real, there's no way that paperwork was just sitting in the mail for two and a half months... My big question is: is there anything I can actually do? They just sent me a bill for $500 plus $37 fees. Thanks!

And why wouldn't it? It’s not like they just mail it directly to your front door right away; it goes through the lower court first, then they forward it to the petitioner and the defendant...

You don't have any more standard legal appeals left, the ruling is final, and since the decision was handed down before the statute of limitations expired, you're stuck. You can take those $167 and try trading them in for a new car instead, but honestly, $37 you just have to pay up.

mistycyclist14 said:Guys, you haven't actually given me any advice on what to write in this speeding ticket appeal for driving through a residential zone.

Can someone smart please weigh in? I'm not looking for those people who just try to lecture me on how paying the fine is the easiest way out.

Look, if this is just about the money, honestly don't even bother fighting it, just pay the $110 and $167 move on with your life.

That’s probably your best bet because if you try to contest it, once the court's decision becomes final, that's when the statute of limitations on enforcement kicks in, which basically just gives them more time to actually track you down and make you pay anyway...

Who should I reach out to about switching my $167 hours over to volunteer work instead? I assume I’d need to talk to the local county court?
And is it actually true that they don't end up calling anyone in for that kind of service?

lonefalcon13 said:Who should I reach out to about switching my $167 hours over to volunteer work instead? I assume I’d need to talk to the local county court?
And is it actually true that they don't end up calling anyone in for that kind of service?

Don't bother reaching out to anyone, just wait until the court summons you to state whether you’ll accept the community service or not. You absolutely have to respond to the notice, because if you dodge the process server, they might just assume you're refusing the terms, and then you're looking at actual jail time... As for the rest, yeah, it's pretty much true that nobody gets called to do anything since there aren't even any functional regulations in place yet, so the whole thing isn't even being carried out right now...

How can you say it isn't being enforced?
I mean, look at them over at Central Park—it’s been happening since early June, right here in NYC.

link: http://www.novi-chicago.info/step.jsp?newsid=113031

Thomas Miller80 said:How can you say it isn't being enforced?
I mean, look at them over at Central Park—it’s been happening since early June, right here in NYC.

link: http://www.novi-chicago.info/step.jsp?newsid=113031

well, those are just the folks from the federal courts...

I was honestly convinced they were just some minor 😁

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?

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...

It’s honestly nothing major, you just head down to the DMV, they slap a suspension on your license for whatever timeframe they decide, and then you just head home...

If I remember this specific situation correctly, a bunch of people were telling you that you should definitely file an appeal...

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.

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.

Look, don't go taking this out on me right now. For people who actually need their licenses to keep their jobs, they often don't just "take" them like that...

You should have received an official ruling first that outlines the fine and the penalty. Maybe this is just a summons for something else entirely...

The DMV can't just decide on its own to slap a mark on your record out of nowhere. Check the case number, or whatever is written there, and compare it with the paperwork you already have in your hands...

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?

Michael Perez5 said: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?

Dammit, whoever told you not to file an appeal was a complete idiot... you could have potentially negotiated for a conditional suspension instead of losing everything outright...

"IZM" is most likely shorthand for an Emergency Protective Order or some kind of immediate enforcement measure... though usually, that would come straight from the police rather than through the court system...

Actually, if you already received the final decision, then you're looking at a formal citation... the one that mandates the loss of your Class B license, right? If you didn't file an appeal within the window, the ruling became legally binding once that deadline passed...

Listen, how long ago did they actually serve you with that notice? If you're lucky, maybe there's still a slim chance to file a petition for reinstatement or some kind of plea for leniency...

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: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?

Nah, you gotta file a formal dispute against the citation first, and then you deal with the actual court proceedings after that...

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?

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?

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?!