Traffic violation procedures

Hey, Thomas Miller80!
It’s funny how people always say that nobody actually reads the instructions, but I guess they were right about that one ☕.

Kimberly Smith6 said: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?

What a killer topic— you seriously need to read this—is that not obvious enough?
Maybe you think this stuff is only for kids under 18 😬

not to mention we've talked about this exact thing in this thread like 592,847 times already.
But hey, searching takes effort— 🙄it’s way easier to just start a brand new thread, right?☕

Frank Walker7 said:Hey, Thomas Miller80!
It’s funny how people always say that nobody actually reads the instructions, but I guess they were right about that one ☕.

I'm gonna ask the mods for permission to let the red lights flash whenever someone posts stuff like this 😁 if they don't just issue a permanent ban🤣

Thomas Miller80 said:I'm gonna ask the mods for permission to let the red lights flash whenever someone posts stuff like this 😁 if they don't just issue a permanent ban🤣

She's a total powerhouse, no doubt about it.

Alright, let me throw my own experience into the ring since I finally got around to writing it down.

So, it was around 12:30 AM, right? I pull into a McDonald's drive-thru, grab some food, and then just hang out in a nearby parking lot for a bit... just chilling and crushing my meal... I wasn't even looking at the clock, tossed my trash, and started heading home... I’m sitting there waiting at a red light when I see some LAPD cruisers pass by from the opposite direction... I keep driving straight... and then, boom—thirty seconds later, they’re right on my tail.

The play-by-play:

Signal,
maneuver,
parked.

I kill the engine, hop out, lock up, and just start sprinting—I ended up getting totally lost in a park.

And man, they must have circled my car a million times and patrolled every single side street around there... haha.
Eventually, I just got over it and caught a streetcar that showed up exactly when I needed it.

But then, wouldn't you know it, they actually spotted me. 🙂

Alright, here’s the deal:
Around 1:00 AM on December 27th, 2006, I was heading home from a party—totally wasted, obviously—and I honestly can't tell you exactly how it went down, but I ended up right in the middle of the road with my wheels spinning in mid-air. Luckily, I was alone in the car, so I didn't hit anyone else; just did some damage to my own ride. My buddies, who were following behind me, had to pull me out of the wreck and take me to the ER because my head was bleeding. Ended up needing two stitches, but other than that, I was mostly fine. The plan was to just say I got drunk and fell off a balcony, but I was still in such a state of shock that I blabbed everything, which led the doctors to call the cops. I clocked in at a 0.09% BAC.
Three months later, I get a summons for a hearing covering maybe four or five different violations (alcohol, being a junior driver so I wasn't even supposed to be on the road after 11:00 PM, etc.). The fines would be absolutely brutal, so I decided my best bet was to aim for the statute of limitations to kick in.
I sent in a request to postpone everything until the summer since I'm a student over at NYU (which is true). I got an answer toward the end of June, but I basically talked the mailman into marking it as "no one home" so the notice would be returned. A few days ago, I received a notice for the main hearing set for September 11th, so I'm wondering if there's any way I could file more paperwork to "steal" another two or three months, or am I stuck showing up?
Could I play the "student" card, or maybe mention this is my first offense, or even argue that the accident didn't happen in my county? Could I request a transfer just to drag things out as long as possible?
Thanks in advance for the help.

Need some advice on this situation;
Got pulled over last summer for speeding (limit was 35, I was doing 45 miles/h while passing a semi). Since I wasn't actually flying down the road, I decided to fight it.
It’s been over a year, and honestly, I almost forgot about it.
But then, I got a "lovely" letter from the local court letting me know my appeal was denied and the case is moving forward. Now they want a written statement from me.
I'm stuck. What am I even supposed to write?
In my eyes, I wasn't being reckless just because I passed a big rig hauling two full trailers. If I just admit fault now, I'll have to pay the fine ($200) plus all the court costs.
And if I keep pushing back, things could get even uglier...
Anyone have any actual, useful advice? 🙂

Hey,

I’ve been scouring all the threads here, but I can't find anything similar—or maybe I just missed it.
I'm looking into the statute of limitations. People talk about it constantly, but usually when they're already in court fighting an appeal...
It’s been exactly two years since the violation happened (0.6 BAC, seatbelt issue).
First, I filed an unsigned objection to the LAPD decision, which they sent over within ten days. Then, after eight months of nothing, I got a call asking me to send a signed version back (back in May 2006). Since then, they've tried to serve me a court summons twice and failed—once around Christmas 2006, and again at the start of this summer.
Look, I know I messed up. I’m not denying it, and I feel like an idiot for being so stupid. This was the first and last time I ever touched a drink and got behind the wheel in my 16 years of driving.

I need some help here... what’s the deal now? Has the statute of limitations kicked in as of today (since the offense happened on 09/11/2005)? And is there any loophole regarding a UPS delivery made within that two-year window that might show up whenever they feel like sending it?

Thanks in advance.

I.

Getting flagged just because you didn't read the instructions—it’s clearly stated right at the top of the PDF: READ THIS FIRST!!!

What kind of UPS talk is that? From what I can tell, you don't even have an actual court ruling yet 😕
Keep dreaming about being some righteous hero while everything spins out of control—total case closed 🙂

Kevin Mitchell20 said:Need some advice on this situation;
Got pulled over last summer for speeding (limit was 35, I was doing 45 miles/h while passing a semi). Since I wasn't actually flying down the road, I decided to fight it.
It’s been over a year, and honestly, I almost forgot about it.
But then, I got a "lovely" letter from the local court letting me know my appeal was denied and the case is moving forward. Now they want a written statement from me.
I'm stuck. What am I even supposed to write?
In my eyes, I wasn't being reckless just because I passed a big rig hauling two full trailers. If I just admit fault now, I'll have to pay the fine ($200) plus all the court costs.
And if I keep pushing back, things could get even uglier...
Anyone have any actual, useful advice? 🙂

You really should've checked this thread before starting a new one 🥳—all the answers you're looking for are already in there. Just take 15 minutes to sit down and read through it; everything will make way more sense after that. 🙂

God, I honestly can't help but feel such a deep sense of disillusionment with this country and the majority of its people lately.

🙈 just rambling a bit here....

.... plus, this could actually be a pretty big topic...

Can I jump in here? Just wondering if I can ask a few things. 😳

Here’s the situation: I was cited for improper lane entry/failure to yield; the result was a minor fender bender—no serious injuries or major damage.

The summons for my first hearing came 60 days before the date: accepted.
First hearing happened 8 months after the accident. We went over the facts and I challenged the police report (my lawyer wasn't involved yet; I just gave my statement and then disputed the report's accuracy right there in front of the judge and the clerk)

Now, I'm waiting on a summons for the main trial, which usually happens about 6 months after the first hearing. I missed it because I wasn't home—totally my bad.

Question 1):How long should I expect to wait for a rescheduled trial date?
Question 2):When does the statute of limitations expire for an offense like this?

Thanks in advance for any help... On one hand, I believe you should take responsibility for anything illegal you've done. But on the other hand—seeing all those high-profile cases where people commit way worse offenses and get away with it because they have deep pockets (looking at you, Smith & Sons)😠

analogwolf2 said:Can I jump in here? Just wondering if I can ask a few things. 😳

Here’s the situation: I was cited for improper lane entry/failure to yield; the result was a minor fender bender—no serious injuries or major damage.

The summons for my first hearing came 60 days before the date: accepted.
First hearing happened 8 months after the accident. We went over the facts and I challenged the police report (my lawyer wasn't involved yet; I just gave my statement and then disputed the report's accuracy right there in front of the judge and the clerk)

Now, I'm waiting on a summons for the main trial, which usually happens about 6 months after the first hearing. I missed it because I wasn't home—totally my bad.

Question 1):How long should I expect to wait for a rescheduled trial date?
Question 2):When does the statute of limitations expire for an offense like this?

Thanks in advance for any help... On one hand, I believe you should take responsibility for anything illegal you've done. But on the other hand—seeing all those high-profile cases where people commit way worse offenses and get away with it because they have deep pockets (looking at you, Smith & Sons)😠

What kind of timeframe are we talking about?

1) Honestly, in the US legal system, there's no way to know for sure how long it takes 😁
2) The absolute statute of limitations is 2 years from the time the violation occurred

I mean, I guess I’ll concede that having a better car gives you the edge, haha. Just kidding—but seriously, the stopping distance is shorter, and that’s just physics. Same goes for your tires, too.

crimsonsailor7 said:What kind of timeframe are we talking about?

1) Honestly, in the US legal system, there's no way to know for sure how long it takes 😁
2) The absolute statute of limitations is 2 years from the time the violation occurred

The first hearing date at the municipal court in Chicago was set for March 15th. I actually got the summons in the mail by mid-January, so that gave me about 60 days' notice. Termina. Courtrooms.

Well, if this notice—the one I didn't end up picking up—also showed up 60 days before my scheduled appointment... I honestly wouldn't know, since I never actually grabbed it. 🙄How long does it actually take them to schedule a new main hearing? If you add in the notice period and the response time, what are my realistic chances of getting everything filed within the statute of limitations without throwing myself under the bus? 😛

I want to be clear—this is the first time anything like this has ever happened to me. No one was hurt, there was no damage, and it was just a minor infraction involving a bicycle that won't even cost me my license. But watching how the media reports on repeat offenders, I can't help but wonder: if Smith can get away with it nineteen times, why shouldn't I be allowed my tiny fraction of a mistake?

Like I was saying before, there aren't really any hard and fast rules about how this goes... it all just depends on how backed up the local courts are and whatever mood the judge happens to be in that day... but honestly, there's always a fighting chance to argue for the statute of limitations to kick in...

crimsonsailor7 said:Like I was saying before, there aren't really any hard and fast rules about how this goes... it all just depends on how backed up the local courts are and whatever mood the judge happens to be in that day... but honestly, there's always a fighting chance to argue for the statute of limitations to kick in...

How many times can I dodge the mail before two cops show up at my mom's door at 6 AM asking where I am? ...My legal address is actually outside the jurisdiction of the local municipal court where this happened... Does a fine this small (max $167 plus court costs) really warrant a SWAT team knocking on my door to check if I'm still breathing?

Thomas Miller80 said:Getting flagged just because you didn't read the instructions—it’s clearly stated right at the top of the PDF: READ THIS FIRST!!!

What kind of UPS talk is that? From what I can tell, you don't even have an actual court ruling yet 😕
Keep dreaming about being some righteous hero while everything spins out of control—total case closed 🙂

If they filed an objection specifically targeting just the penalty itself, then sure, that would head straight to the Verizon appellate level without needing to go through the first instance trial...

analogwolf2 said:How many times can I dodge the mail before two cops show up at my mom's door at 6 AM asking where I am? ...My legal address is actually outside the jurisdiction of the local municipal court where this happened... Does a fine this small (max $167 plus court costs) really warrant a SWAT team knocking on my door to check if I'm still breathing?

usually once, or maybe not at all... if they can't get something delivered through the standard channels, they just bring in the local PD regardless of how small the fine is, or if everything checks out, they just post it on a public notice board...