Traffic violation procedures

If you’d actually taken the time to scroll through this thread, you’d see it’s already been explained a million times over, but somehow there's always someone popping up with the exact same question...

And just so you know, you don't always get slapped with a citation or whatever right then and there on the spot either.

Look, I’m just laying out the standard procedure here. Between my years on the bench as a misdemeanor judge and now working as an attorney, I pretty much know this dance inside and out. My intention was honestly just to be helpful, and I really hope someone finds some clarity in what I wrote. To you, though—since it seems like you're sitting there waiting to read every single comment that doesn't even apply to you—maybe just skip the posts that don't concern you? There are plenty of people here talking about stuff that actually matters to your situation. And, let's be real, in 99% of these cases, you're just going to end up with a citation anyway.

Look, I’ve got zero issues with someone stepping up to explain things, it’s just that whole condescending "let me educate you" attitude that really gets under my skin... we've all been grinding away in this community for months now, you know?

NHF

Look, I really didn't mean anything by saying "I'll try to explain this to you guys." I wasn't trying to imply anyone was being slow or condescending—honestly, I’m a complete amateur when it comes to half the stuff people talk about here. Like, if you asked me about trading Apple or Tesla stock, I'd probably sound like I'm speaking a foreign language, haha. I just know people tend to mix up terms like formal objections or an Appellate Court filing and things like that, so I was just hoping to simplify the concept a bit. I'm definitely not trying to act like a know-it-all; I spend plenty of time on the other side of the legal line myself... anyway, cheers🙂

crimsonsailor7, sorry if I came off a bit strong earlier, I didn't mean to bug you. Honestly, I wasn't really thinking about how it would land, my bad.😉

everything's cool 😉

William Edwards14 said:Look, I really didn't mean anything by saying "I'll try to explain this to you guys." I wasn't trying to imply anyone was being slow or condescending—honestly, I’m a complete amateur when it comes to half the stuff people talk about here. Like, if you asked me about trading Apple or Tesla stock, I'd probably sound like I'm speaking a foreign language, haha. I just know people tend to mix up terms like formal objections or an Appellate Court filing and things like that, so I was just hoping to simplify the concept a bit. I'm definitely not trying to act like a know-it-all; I spend plenty of time on the other side of the legal line myself... anyway, cheers🙂

🙂 😬

William Edwards14 said:Look, I’m just laying out the standard procedure here. Between my years on the bench as a misdemeanor judge and now working as an attorney, I pretty much know this dance inside and out. My intention was honestly just to be helpful, and I really hope someone finds some clarity in what I wrote. To you, though—since it seems like you're sitting there waiting to read every single comment that doesn't even apply to you—maybe just skip the posts that don't concern you? There are plenty of people here talking about stuff that actually matters to your situation. And, let's be real, in 99% of these cases, you're just going to end up with a citation anyway.

It definitely helped me!

Thanks so much!! 👍

Look, let's get one thing straight: people in this thread need to stop confusing an objection with an appeal
—to them, everything is just some massive legal appeal 😬
.
Anyway, welcome to the party, William Edwards14 😳.

Does anyone here happen to know a lawyer who specializes in traffic violations? If you have a recommendation, please shoot me a DM so we can chat about it. 👍

William Edwards14 said: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.

Honestly, you don't even need to bring three copies; two should be plenty since you get both back, much like how two copies are sent when filing an objection via mail—though that’s secondary here because, in cases involving alcohol, the real question is whether the police will even bother issuing a citation in the first place...

Depending on the blood alcohol level and whatever else is noted on the suspect's report, the police tend to prefer handing everything over to the court in DUI situations, mainly because a judge isn't shackled to the same rigid minimum sentencing or protective measures that the officers are, and under current laws, anything over a 0.5 BAC usually results in nothing more than the absolute bare minimum penalties, which are at most $3.25 according to the statutes...

So, if someone actually intends to contest it, they really ought to check exactly who issued the citation upon receipt and direct their appeal to that specific individual—assuming a citation is even issued, since you might just end up getting a summons for a preliminary hearing without any prior notice from either the police or the court...

Alright, look—William Edwards14 explained the practical side of things using three different examples 🙂
—basically, you keep one stamped copy as your proof that you actually filed the appeal.

My citation process is currently underway and I have a question: once everything wraps up, if it's proven that I'm not at fault, am I entitled to reimbursement for my expenses (legal fees, lost wages, direct costs)? Or, in order to recover those costs, would I need to file a private lawsuit against the specific officer (who is only identified by an ID number)?
Thanks in advance for any insight

Alexander Kern76 said:My citation process is currently underway and I have a question: once everything wraps up, if it's proven that I'm not at fault, am I entitled to reimbursement for my expenses (legal fees, lost wages, direct costs)? Or, in order to recover those costs, would I need to file a private lawsuit against the specific officer (who is only identified by an ID number)?
Thanks in advance for any insight

Look, if the case gets dismissed, the legal costs are covered by the state budget, which basically means you’re eligible for reimbursement without having to go after some individual cop personally...

That being said, don't hold your breath regarding "lost profits" because you aren't getting anything close to that; in almost every scenario, you're lucky if you even recover your lawyer's retainer and the gas money it took to drive from your house to the courthouse...

Thomas Miller80 said:Alright, look—William Edwards14 explained the practical side of things using three different examples 🙂
—basically, you keep one stamped copy as your proof that you actually filed the appeal.

Aha, so that's how it works... I guess I totally misread the situation then...

Thomas Miller80 said:Alright, look—William Edwards14 explained the practical side of things using three different examples 🙂
—basically, you keep one stamped copy as your proof that you actually filed the appeal.

Way to go, genius. Obviously, you need one copy stamped so there's a paper trail...

Regarding the legal fees and court costs, yeah, you’re absolutely entitled to get those back. You don't even need to file a separate lawsuit just to recover them; you basically just present the breakdown of the attorney fees, travel expenses, whatever, to the court. The whole cost ends up being the responsibility of whoever loses the case. So, I guess it doesn't really matter if the proceedings are suspended or if they go all the way through to a final verdict where you're cleared—either way, the loser picks up the tab.

William Edwards14 said:Regarding the legal fees and court costs, yeah, you’re absolutely entitled to get those back. You don't even need to file a separate lawsuit just to recover them; you basically just present the breakdown of the attorney fees, travel expenses, whatever, to the court. The whole cost ends up being the responsibility of whoever loses the case. So, I guess it doesn't really matter if the proceedings are suspended or if they go all the way through to a final verdict where you're cleared—either way, the loser picks up the tab.

Thanks so much for the info!

William Edwards14 said:Regarding the legal fees and court costs, yeah, you’re absolutely entitled to get those back. You don't even need to file a separate lawsuit just to recover them; you basically just present the breakdown of the attorney fees, travel expenses, whatever, to the court. The whole cost ends up being the responsibility of whoever loses the case. So, I guess it doesn't really matter if the proceedings are suspended or if they go all the way through to a final verdict where you're cleared—either way, the loser picks up the tab.

Actually, the distinction matters immensely because you can't exactly get an "acquittal" through a dismissal or a stay of proceedings...

I mean, look, the outcome is pretty binary here: either they're guilty, or the whole thing gets shut down before it even reaches that point, there really isn't a third option...

man, you're a lifesaver around here 🙂

plus now we've got William Edwards14 jumping in to handle the rule-breakers—honestly, an extra set of hands is always welcome, if only to stir up some good old-fashioned debate 😳