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Home › Society › Law › Criminal and Misdemeanor Law › Traffic violation procedures

Traffic violation procedures

Started by restlessdriver87 · · 👁 43 views · 1.6K replies

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Participants restlessdriver87Brian Lopez8Keith Taylor4Gary Hernandez6Robin Rodriguez5rowdyviper3Michael Rodriguez40hollowtrucker77Joshua Williams82Jason Chavez32Eric Wood7cosmicridge5ironangler22urbanranger18Kevin White5dustyjackal68goldengull3dustyscout53William White2Rebecca Cox2fadedtrucker19Kyle Nelson2Brenda Turnercasualfox9 …
Nancy Edwards Nancy Edwards Newcomer
1 message
joined Aug 2007
#361 ·
So, I’m looking for some legal perspective regarding how these things get handled...

Basically, what happens if an officer pulls you over, claims you did something wrong, but doesn't actually file a formal report—you know, leaves absolutely zero paper trail? Like, there's nothing in writing, nothing signed by me, basically nothing to prove I was even present at the scene in the first place.
If I end up getting a summons or a court notice down the road, do I really have a shot at playing dumb and just claiming I wasn't even there? I guess it's worth asking.
Thomas Miller80 Thomas Miller80 Active Member
93 messages
joined Jun 2007
#362 ·
Moving this over to the section for minor infractions and citations
Thomas Miller80 Thomas Miller80 Active Member
93 messages
joined Jun 2007
#363 ·
Laura Morris4 said:I don't want to pay. And honestly, I don't get the deal with this warning—this is my first time ever getting cited for something like this.

Just grab the law book and look up the actual penalties yourself.
Everything about the statute of limitations is already laid out right here in this thread.
Drew Ruiz3 Drew Ruiz3 Newcomer
1 message
joined Aug 2007
#364 ·
Hey!
I actually went through something similar. I ended up in court because an officer pulled me over for not wearing my seatbelt. He checked my ID and scribbled everything down in some little notebook of his—he didn't even give me anything to sign—and then, out of nowhere, I get a summons for a traffic violation.
I contested it, but since the officer didn't show up to the hearing, the judge just let me off with a warning.
The judge didn't even care when I mentioned that I never received any official paperwork at the scene.

David
mistyseal11 mistyseal11 Regular
250 messages
joined Aug 2007
#365 ·
Hey, does anyone have a solid template for appealing a speeding ticket I got after 11 PM?
I also totally blanked on my driver's license when the officer pulled me over.

Thanks a million!

P.S. What kind of trouble am I actually looking at if I just don't pay... or even if I ignore the warnings they send out...>
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#366 ·
People have already dropped plenty of examples in this thread, and honestly, almost everything you could possibly want to know has been covered... so maybe just dig through the old posts and do a little digging first.
mistyseal11 mistyseal11 Regular
250 messages
joined Aug 2007
#367 ·
crimsonsailor7 said:People have already dropped plenty of examples in this thread, and honestly, almost everything you could possibly want to know has been covered... so maybe just dig through the old posts and do a little digging first.

I'm digging 🙂
through them now,
but hey, quick side question—just a bit of a thought experiment here.
Say an officer pulls me over, (and I'm parked totally legally), so I just lock myself in the car and roll up all the windows. (Maybe even hide out in the trunk!)
Then I call my old man to bring my driver's license down to me... plus, he could just drive me home... or basically act as my "escort" in the car....

What can the cop actually do, or even want to do in that situation?

(P.S. He has zero clue if I even have a license, how old I am, or anything else.)
mistyseal11 mistyseal11 Regular
250 messages
joined Aug 2007
#368 ·
urbanraven16 said:Well, look, the reason there’s that $167 limit for swapping a fine for community service is simply because it's written into the Misdemeanor Act, and that's how it's been since this law took effect back in 2002...

If you get hit with several violations all at once (one single incident), whether you can swap them for service really comes down to the "technicalities"—if the officer plays it by the book and hands you separate citations right there on the spot (like one for 300 and one for $167), then eventually, both could be swapped for service.

But, if they issue a formal citation or send the case straight to court, they’ll list both violations in a single motion to initiate proceedings, and then the judge settles everything with one ruling where they determine the individual fine for each violation first, but then add them together to announce a total fine—in this case, $267—and once it hits that level, you can't swap it for service anymore.

Regarding that second scenario, I’m still not totally clear on whether you actually received a formal citation or not? That's what a citation is called, and it has to include instructions on how to appeal it to the Municipal Court within 8 days)

If you didn't get a formal citation, one will show up in the mail, and it'll include the administrative fees for issuing it, and at that point, your hands are tied—you can't go in "ahead of time" to try and trade that fine for service.

If you did get a citation, then that's that; just sit tight and wait for the judge to call you regarding the community service option.

And one more thing... they don't actually carry out the service, they never have, because there aren't any actual regulations in place to enforce it, and from the moment the order becomes final, a specific statute of limitations kicks in—it's the statute of limitations for enforcing sanctions. Once that expires, say goodbye to the community service idea, and even if something happens before then and they actually start trying to implement the service, you still technically have the option to just pay the fine and skip the work.

Huh, I know I made that sound way more complicated than it needs to be, but honestly, it is a bit of a mess 🙂

Man, I'm not even kidding—I got hit with three different bills practically out of nowhere! We’re talking $110, $300, and then a $500 one right on top of it... just like that.

I'm curious, is it actually worth it? <Is it 500, or what? =<500
mistyseal11 mistyseal11 Regular
250 messages
joined Aug 2007
#369 ·
SAJB 🙂

Next time you get pulled over by the LAPD, try some of these moves out on them:

1. If the cop starts talking to you, just act like you can't hear a thing.
2. Ask him if he’ll let you take a look at his service weapon.
3. If he won't, and asks why you're being weird, tell him you just want to see if it's bigger than yours.
4. Go in for a handshake and just keep touching him.
5. Ask him where on earth he found such a crazy outfit.
6. Ask him if he'd let you borrow the costume.
7. Get his full name and then just call him by his first name for the rest of the encounter.
8. Pretend you're gay and ask him if he wants to go out sometime.
9. If he says no, start bawling your eyes out right there.
10. If he actually says yes, report him to his sergeant immediately.
11. If they want to search you and tell you to spread 'em, just tell them you aren't interested.
12. Tell him straight up that you have a thing for guys in uniform.
13. Try bribing him with candy.
20. Try saying this all at once with him: "Good evening officer, here's my license and registration, please."
21. If he hands you something to sign, scratch your butt first and then grab the pen from his hand.
22. If he hands you a pen, hide it, take it apart, and pull out the ink cartridge.
23. Ask him if he has a daughter, and if he does, mention that you think you recognize his last name.
24. Make him explain everything twice.
25. Mumble everything he says back to him under your breath.
26. Just talk to yourself.
27. Try to sell him your car.
28. Ask him if he’ll sell you his car.
29. If they’re taking you down to the station, ask if you can ride in the front seat.
30. If you're stuck in the back, try patting him on the head through the partition.
31. Before you guys even move, make sure everyone is buckled up.
32. Grab a can of beer and crack it open before he even reaches your car.
33. Have him hold your beer while you dig through your wallet for your papers.
34. Tell him at least twice that there’s absolutely no reason to check the trunk.
35. Ask him if he’s one of the Small Town, USA guys and where the rest of the band is hiding.
36. Ask him if he’s ever killed anyone.
37. If he says yeah, ask him if that happened while he was on the clock.
38. As you're leaving, give him a big smile and say, "Give my love to your wife and kids!"
Maria Anderson9 Maria Anderson9 Newcomer
6 messages
joined Sep 2009
#370 ·
I was watching some news on TV the other day—and honestly, how can anyone claim these fines are peanuts? I mean, come on, who can just shell out $200 like that on a whim? For that kind of cash, you could practically fund a three-day getaway to Florida... In America, we actually have warnings, second chances, a sense of nuance; over here, it’s just straight to the penalty. Real classy. If you look at the database and see someone racked up four violations in a single month, sure, yank their license for thirty days. But if the same accident keeps happening on the exact same street four times? Please, there is clearly something fundamentally broken with that specific stretch of road.

And it would be nice to remember that some people have already paid the price for such poorly designed streets... and raised their voices in protest for nothing...

Now, satellite tracking. It’s an interesting concept. Sure, go ahead, invest in a satellite and develop your own proprietary tech, but I suspect the joy of driving will vanish once total anonymity is dead and buried... though, whatever. Personally, I’d probably just use it to tip off whether someone is driving the wrong way against traffic...

And then, maybe the toll for the interstate could be 150

maybe regional highways could be 70

and everything else just 5
Thomas Miller80 Thomas Miller80 Active Member
93 messages
joined Jun 2007
#371 ·
Anyone who isn't breaking any laws shouldn't have to cough up a single cent ☕

We have warnings for that kind of thing here too ☕
Jessica Bailey9 Jessica Bailey9 Newcomer
3 messages
joined Sep 2007
#372 ·
C/P

I just received a court summons to show up tomorrow with proof—specifically a receipt—that my speeding ticket has been paid. If I can't prove it, I have to decide whether I want to opt for community service instead.
The fine is $167(I didn't sign anything), issued for excessive speeding. To be honest, I haven't contested it or even paid it yet, but when the officers were pulling me over, they were parked illegally right over a solid line in an unmarked car. I actually pointed that out to them at the time.
I'm trying to figure out what "community service" actually entails here. I've heard it’s not even a very common thing in the US yet, so I’m curious what you all would recommend I do.

Thanks in advance.
Paul Taylor12 Paul Taylor12 Newcomer
4 messages
joined Sep 2007
#373 ·
Hello.
I apologize for the intrusion, but I am curious about your perspective on a specific matter. A parking citation was issued well before the alleged violation actually took place. Furthermore, this citation was submitted to the LAPD before the infraction mentioned in the ticket had even occurred. I suppose one might wonder if this constitutes sufficient grounds for an appeal. Laypeople seem to think so, but I would prefer a more professional opinion...
Thank you in advance.
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#374 ·
So, is there anyone here who actually knows how they handle contesting tickets?
I honestly can't wrap my head around how this whole thing works... I mean, if a violation actually happened, you'd still have to prove otherwise to get an earlier citation tossed, which means the fines are still coming eventually anyway, so I just don't see the point of the whole process...
Paul Taylor12 Paul Taylor12 Newcomer
4 messages
joined Sep 2007
#375 ·
The citation feels somewhat arbitrary at this point—the vehicle wasn't even parked, just idling on the curb for about two minutes during the night when there wasn't a soul in sight. The driver was standing right by the car, with no intention of staying, when an officer approached and essentially said, "Wait here while I write this ticket for that other car, then I'll get to you." I suppose it was rather nonsensical to issue a fine in the first place, given the special festival street closures and the abundance of unoccupied vehicles nearby that went untouched. To make matters worse, the officer somehow managed to record the wrong date on the ticket itself.
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#376 ·
From what I understand, you can stop for up to three minutes, but that’s just a quick stop, not actually parking...
Paul Taylor12 Paul Taylor12 Newcomer
4 messages
joined Sep 2007
#377 ·
Well, obviously. If he hadn't gone on with that whole "wait a minute, blah blah blah" routine, the entire thing probably wouldn't have lasted more than two minutes...
But I suppose you can't exactly outrun the LAPD...
So, what happens now? 😕
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#378 ·
Go ahead and dive in, of course.
Paul Taylor12 Paul Taylor12 Newcomer
4 messages
joined Sep 2007
#379 ·
🙂 I guess thanks for the input 😘
Kimberly Smith6 Kimberly Smith6 Member
36 messages
joined Sep 2007
#380 ·
I was just sitting here wondering about the statute of limitations regarding a legal proceeding for a traffic violation that actually dates all the way back to April of 2006. The very first—and honestly, the only—hearing took place in October of 2006, and the opposing party simply failed to show up at all. Does anyone happen to know how much time has to pass before this whole thing officially expires?

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