Traffic violation procedures

Casey Hughes9 said:yeah, right, they don't give you installments. I got pulled over during a routine stop and it turns out the registration had expired three days ago. Had no clue since the car wasn't mine, but the cops hit me with a fine of $167 which I didn't pay. Now I’ve got a court summons and they're basically telling me to either pick community service or just pay up. Apparently, there's no installment plan, just a one-month extension at most, and if I go the community service route, they might call me sometime in the next year.

so, you tell me...

Well, if you didn't pay it and you didn't contest it, then the judgment is final, plain and simple... you didn't even show up to the court hearing, so there was no way for them to even consider letting you set up a payment plan...

Timothy Taylor11 said:-Driving the wrong way-
Ugh, just another college kid getting caught red-handed...
So, I was over in the suburbs today—near the local shopping center—trying to find a spot to park where I wouldn't get hit with a fee. While I'm maneuvering into the space, this cop suddenly appears out of nowhere and demands my license and registration. I’m sitting there totally stunned, and he just points to this brand-new one-way sign... He probably had been sitting there waiting for someone to mess up, since they must have changed the street direction just yesterday or last week. I was just driving on autopilot and didn't even notice the change.
Long story short, I drove maybe 20 yards the wrong way down "the street" (it's that big boulevard near the ExxonMobil station, take a right after the station then the first right, if you know what I mean). He told me $667 I'm looking at a heavy fine and a six-month license suspension. He didn't hand me any paperwork on the spot, though. This is my very first offense since I passed my test four years ago. Does anyone have any advice? (If there's even anything I can do?)
Thanks

firstly, just sit tight and wait for someone to actually write something back...

I honestly can't even keep track of how many times I've messed up by refusing to just pay the fine on the spot and sign the paperwork.

Now I'm sitting here drafting an appeal, and I have a quick question:

Is it more effective to try and poke holes in the speeding measurement, questioning if the radar gun was actually calibrated or if the officer lacked the proper training?

Or should I just go with the "guilty but broke" angle—basically playing the part of a struggling college student with zero income, no savings, and a perfectly clean driving record until now?

Thanks a bunch!👍

A quick heads-up for everyone.

The first thing you should check when a highway patrol officer pulls you over is their gear: badges, visible identification, hat (worn properly), and that damn high-vis vest. You’re required to have these—if they don't, let them know you aren't an idiot and that you actually know the law. If any of that is missing, simply inform them that you'll be filing a formal complaint against them and ask for their badge number instead of letting them inspect your documents.

In your specific situation, I would request the following—though stay perfectly polite about it:

1. Badge number
2. Vehicle number
3. Serial number of the device used
4. Date of the last calibration
5. Their certification to operate said equipment

And when you eventually write your appeal, just use this broad phrasing:

"I am contesting this based on all available grounds."

I know it sounds a bit ridiculous, but do it—it’s your best bet. Best of luck.

Thanks a million for that!

The thing is, he wasn't exactly dressed for anything serious—no helmet, no formal gear, nothing. Just some guy on a motorcycle.

To make matters worse, he was lurking under an overpass and then just popped out right in front of me on the road. I barely managed to slam on the brakes in time.

Hello everyone...
I must admit, I have read through this entire thread from the very beginning☕ looking for someone facing a similar issue to mine, but regardless, I will lay out my own situation here in the hope that a kind soul might offer some guidance.🙏

I am currently a college student, and I have never once been cited for any legal violation before now.

A little less than three months ago, I was driving around at about 3:00 AM while heading home after work. Traffic wasn't particularly heavy, so I suppose I was simply in the wrong place at the wrong time when I was pulled over. The officer’s conduct was quite professional. After I provided my driver's license and registration, and after stating clearly that I had not consumed any alcohol, I agreed to take the breathalyzer test, which yielded a reading of 0.08. The officer then wrote up the citation, and I signed the report where he noted that I had consumed one beer.
Today, I received the notice from the municipal court stating that I am being found liable and will be fined $400 plus $77 (court costs). I have the right to appeal this within 8 days.
Under the law, the fine should range from $167 to $500, so it strikes me as somewhat unusual that I am being penalized—at least for now—with an amount closer to the maximum than the minimum, especially considering that I am a student, that I acted respectfully during the encounter, and that this is my first offense in my entire life...
The legal statute states
"A driver shall be fined between $500.00 and $500 if they have alcohol levels up to 0.50 g/kg, or milligrams per liter of exhaled breath, in their system.
In addition to the fine, a point may be assessed against their license."

I was planning to file an appeal, so I would truly appreciate some help...

Option 1: Not disputing the accuracy of the breathalyzer results, but rather disputing the actual consumption of alcohol. In the appeal, I could argue that the reading was caused by eating some fruit pastries and a headache I was experiencing. Because of the headache, I took some medication (like Aspirin or something similar) and I signed the report without reading it closely because I just wanted to get home and go to bed due to the pain...
Goal: To try and settle for a mere warning... I would value your advice on how realistic it is to expect this and what the potential consequences of such a move might be.

Option 2: Admitting guilt, expressing genuine remorse, and emphasizing my status as a student...
Goal: A minimal fine (and I wonder, is it even possible to receive just a warning with this approach?)

Any advice would be most welcome...

Also, I am curious about this purely hypothetically...
"(9) For a driver of a motor vehicle, streetcar, or driving instructor who, within a 24-month period following the date of the violation, has been legally convicted two or more times for violations under this section, the court may impose a jail sentence of up to 60 days along with a protective measure prohibiting the operation of a motor vehicle for one to two years, and assign five penalty points.
" If an individual is convicted twice within a 24-month window for driving under the influence, does the loss of their license for one or two years happen automatically alongside the fine, or does the court decide on that? Furthermore, if someone already had one point on their record from a previous incident and now receives five, bringing the total to six, do they still retain their license?

So, if you’re looking to contest the fine amount, just write up an appeal explaining that you’re a college student and that this is your absolute first offense... if it actually is, of course. Honestly, there's a 99% chance they'll knock the price down for you once you lay it out like that.

And whatever you do, don't try to use the excuse that you didn't read the citation because you were in such a rush to get going... seriously, that's some playground level nonsense and it won't hold any water in front of a judge.

Regarding that other hypothetical situation you mentioned—there isn't some automatic rule for that, it really just depends on the specific details of the case, and ultimately, it's up to the judge to decide how it plays out...

Anthony Jackson3 said:Hello everyone...
I must admit, I have read through this entire thread from the very beginning☕ looking for someone facing a similar issue to mine, but regardless, I will lay out my own situation here in the hope that a kind soul might offer some guidance.🙏

I am currently a college student, and I have never once been cited for any legal violation before now.

A little less than three months ago, I was driving around at about 3:00 AM while heading home after work. Traffic wasn't particularly heavy, so I suppose I was simply in the wrong place at the wrong time when I was pulled over. The officer’s conduct was quite professional. After I provided my driver's license and registration, and after stating clearly that I had not consumed any alcohol, I agreed to take the breathalyzer test, which yielded a reading of 0.08. The officer then wrote up the citation, and I signed the report where he noted that I had consumed one beer.
Today, I received the notice from the municipal court stating that I am being found liable and will be fined $400 plus $77 (court costs). I have the right to appeal this within 8 days.
Under the law, the fine should range from $167 to $500, so it strikes me as somewhat unusual that I am being penalized—at least for now—with an amount closer to the maximum than the minimum, especially considering that I am a student, that I acted respectfully during the encounter, and that this is my first offense in my entire life...
The legal statute states
"A driver shall be fined between $500.00 and $500 if they have alcohol levels up to 0.50 g/kg, or milligrams per liter of exhaled breath, in their system.
In addition to the fine, a point may be assessed against their license."

I was planning to file an appeal, so I would truly appreciate some help...

Option 1: Not disputing the accuracy of the breathalyzer results, but rather disputing the actual consumption of alcohol. In the appeal, I could argue that the reading was caused by eating some fruit pastries and a headache I was experiencing. Because of the headache, I took some medication (like Aspirin or something similar) and I signed the report without reading it closely because I just wanted to get home and go to bed due to the pain...
Goal: To try and settle for a mere warning... I would value your advice on how realistic it is to expect this and what the potential consequences of such a move might be.

Option 2: Admitting guilt, expressing genuine remorse, and emphasizing my status as a student...
Goal: A minimal fine (and I wonder, is it even possible to receive just a warning with this approach?)

Any advice would be most welcome...

Also, I am curious about this purely hypothetically...
"(9) For a driver of a motor vehicle, streetcar, or driving instructor who, within a 24-month period following the date of the violation, has been legally convicted two or more times for violations under this section, the court may impose a jail sentence of up to 60 days along with a protective measure prohibiting the operation of a motor vehicle for one to two years, and assign five penalty points.
" If an individual is convicted twice within a 24-month window for driving under the influence, does the loss of their license for one or two years happen automatically alongside the fine, or does the court decide on that? Furthermore, if someone already had one point on their record from a previous incident and now receives five, bringing the total to six, do they still retain their license?

Of course you’d jump in with an objection—and not even a reasoned one, just a flat-out refusal followed by a demand to be heard.

Regarding that "hypothetical" scenario we were discussing, you played it pretty safe by using the word "could," which is fine, but let's not pretend that implies it actually *has* to happen...

Just tell them you're a broke college student with zero income. It’s hard to prove otherwise, right? And if you’ve got a history of this, don't expect any mercy. At the end of the day, all that matters is how you present yourself before the judge. Whatever you wrote in your initial objection? Doesn't mean a thing.
Also, I wouldn't advise anyone to start digging for ID numbers or playing detective. You'll just end up paying an even steeper fine. That's a move reserved for lawyers who actually know their stuff... and even they aren't totally clueless. They have their own little systems (and let me tell you, they absolutely loathe those guys in the heavy duty trucks—they'll find every little reason to cite them, and believe me, there's always plenty to find).
The deadline is 8 days. File your objection with the local police department, wait for the summons from the municipal court, and good luck.

crimsonsailor7 said:So, if you’re looking to contest the fine amount, just write up an appeal explaining that you’re a college student and that this is your absolute first offense... if it actually is, of course. Honestly, there's a 99% chance they'll knock the price down for you once you lay it out like that.

And whatever you do, don't try to use the excuse that you didn't read the citation because you were in such a rush to get going... seriously, that's some playground level nonsense and it won't hold any water in front of a judge.

Regarding that other hypothetical situation you mentioned—there isn't some automatic rule for that, it really just depends on the specific details of the case, and ultimately, it's up to the judge to decide how it plays out...

You gave some killer advice for just about any other kind of legal trouble, but this specific situation... this whole mess regarding anything under a 0.5 BAC is becoming more of a political circus than a legal one, especially with the elections right around the corner... One party that’s currently leading in the polls is making huge promises about decriminalizing this exact behavior, but even if they actually pull it off, if the legal proceedings haven't reached a final verdict yet, everything still has to grind to a halt... which is exactly why—and honestly, this is the only reason I'm saying it—I think his best move is to just drag every single step of this out as long as humanly possible...

urbanraven16 said:You gave some killer advice for just about any other kind of legal trouble, but this specific situation... this whole mess regarding anything under a 0.5 BAC is becoming more of a political circus than a legal one, especially with the elections right around the corner... One party that’s currently leading in the polls is making huge promises about decriminalizing this exact behavior, but even if they actually pull it off, if the legal proceedings haven't reached a final verdict yet, everything still has to grind to a halt... which is exactly why—and honestly, this is the only reason I'm saying it—I think his best move is to just drag every single step of this out as long as humanly possible...

Actually, let’s not use the word decriminalize because that’s not even technically what we're talking about here—it's more about just scrubbing those minor offenses from the books entirely when they're currently handled with misdemeanor penalties, so basically just full-on legalization... my bad, sorry about that...

amberhawk24 said:I honestly can't even keep track of how many times I've messed up by refusing to just pay the fine on the spot and sign the paperwork.

Now I'm sitting here drafting an appeal, and I have a quick question:

Is it more effective to try and poke holes in the speeding measurement, questioning if the radar gun was actually calibrated or if the officer lacked the proper training?

Or should I just go with the "guilty but broke" angle—basically playing the part of a struggling college student with zero income, no savings, and a perfectly clean driving record until now?

Thanks a bunch!👍

Honestly, if you ask me, copperbison16 has a much better grasp on how things actually work in the real world than Brian Sanchez2 does...

amberhawk24 got banned for breaking the PDF rules

Hey, Brian Sanchez2—quick question—who do I even appeal to here, and what kind of arguments actually work? 😁

I’m with you on that, but you’ve always gotta test the waters first.

I make it a point never to be rude or act like a know-it-all with them... honestly, it's mostly because they usually end up being right anyway.😁

Man, forget it. You can write your own theories all you want, but I’m just stating my grievance and leaving it at that. Even the guy is laughing at me—he's actually asking if I want a beer or something.😁 😁 I mean, what am I even supposed to say to him?🤷 😁

And why the ban??? I don't get it.

It’s laid out clearly for you right in the stickied thread—the RULES—you absolutely have to read them before you even think about starting a new topic ☕

I have a quick question regarding how to file an appeal.

A buddy of mine had his driver's license taken away for "DUI."

Here’s the deal—he was just sitting in a parking lot (totally separate from the main road), hopped in the car, and started it up just to get the heater going—or so he says, anyway, I wasn't really there, so who knows.

But the thing is, he wasn't actually driving; he was just idling in the parked car. Then, out of nowhere, a cop taps on the window—license, registration, "step out of the vehicle," "have you been drinking?"—breathalyzer test, and all that. It felt like they were just patrolling the lot waiting for someone to trip up.

They gave his license back, though, and now he’s just sitting around waiting for the fine to arrive in the mail. That was just a few days ago.

So, he's thinking about filing an appeal with the Appellate Court. My question is, when exactly do you write an appeal, and who is the actual recipient?

Does he do it right now, or does he wait until the ticket actually shows up at his house?

Thx!

If they ended up getting hit with a citation, there should be some instructions right on it about how to fight it... basically, you just file an objection with the court within 8 days.

crimsonsailor7 said:If they ended up getting hit with a citation, there should be some instructions right on it about how to fight it... basically, you just file an objection with the court within 8 days.

Yeah, I'm not entirely sure what exactly he ended up with.

From what I can gather—it’s a bit fuzzy—they gave his license back, and all he got were some papers from the breathalyzer test. Nothing more than that, I think...

So, is he just waiting for the official notice to arrive in the mail, or does he need to jump into action right away?

If they didn't issue it right there on the spot, then the local Split Police Department should be sending it out from wherever the violation actually happened... I mean, he’s gotta receive some kind of official decision or a formal citation that he can actually file an appeal against, because things don't just work that way without paperwork 🙂

It looks like things are getting a bit messy in here. I’ll try my best to walk you through how this whole process actually works.

Basically, it goes like this: the police pull you over and hand you a citation. You have exactly 8 days from the moment you get it to file an objection—just keep in mind that the clock starts ticking the day after you receive it. You always send that objection back to whoever issued the ticket in the first place—say, the Department of Homeland Security, the Split Police Department, or maybe even the Makarska People's Party—but you make sure to note on the paperwork that it's intended for the misdemeanor court. You basically prepare three copies of everything and turn them in at the station; they give one back to you, and the other two go into the official record.
After that, the police just forward the whole file to the judge handling the case.
Once the proceedings are wrapped up, the judge issues a ruling. If you aren't happy with it, you can file an Appellate Court motion. That appeal gets sent to the same court that made the initial decision, but you include a notation for the higher appellate court in Chicago... so, yeah, I hope that clears things up for you guys... at least a little bit.