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Traffic violation procedures

Started by restlessdriver87 · · 👁 58 views · 1.6K replies

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Participants restlessdriver87Brian Lopez8Keith Taylor4Gary Hernandez6Robin Rodriguez5rowdyviper3Michael Rodriguez40hollowtrucker77Joshua Williams82Jason Chavez32Eric Wood7cosmicridge5ironangler22urbanranger18Kevin White5dustyjackal68goldengull3dustyscout53William White2Rebecca Cox2fadedtrucker19Kyle Nelson2Brenda Turnercasualfox9 …
William Edwards14 William Edwards14 Member
16 messages
joined Oct 2007
#481 ·
I'll try my best to chip in here whenever my expertise or whatever I do for work allows it. My main goal, I guess, is just to be helpful to someone else, though I'm sure I'll pick up a few things along the way too, even if it's stuff totally outside my usual lane...😉
Thomas Miller80 Thomas Miller80 Active Member
93 messages
joined Jun 2007
#482 ·
As for chatting, we’ve got the "everyone in the lounge" thread pinned at the top—welcome to the club, 🙏 🙏
urbanraven16 urbanraven16 Active Member
98 messages
joined Jun 2007
#483 ·
Thomas Miller80 said: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 😳


😉

And honestly, this forum is pretty great... I didn't think I'd end up sticking around this long, but hey, I'm actually enjoying myself 🙂
Jack Sanchez5 Jack Sanchez5 Newcomer
6 messages
joined Oct 2007
#484 ·
I find myself immediately drawn into this "shady" line of questioning... specifically, I’ve heard whispers from certain circles that when the payment notice arrived at $167, they settled the $17entirety of the debt using the exact same reference number provided... however, due to some absolute incompetence over at the Municipal Court—where it seems logic goes to die—the statute of limitations expired, and now nobody owes a single damn thing 😁

Is there any truth to these rumors?
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#485 ·
I mean, maybe it worked out for some people here and there, but I’m pretty sure it wasn't a win for everyone every single time...
analogwolf2 analogwolf2 Member
33 messages
joined Sep 2007
#486 ·
crimsonsailor7 said:I mean, maybe it worked out for some people here and there, but I’m pretty sure it wasn't a win for everyone every single time...

Let's try being a bit more constructive instead of just venting... here's the real question: if we look at fines handed down by the Municipal Court where cases hit the absolute statute of limitations two years after the actual offense -> how long does the whole process actually take (factoring in delays, people skipping court dates, dodging mail, or stalling on payments) before the whole thing just disappears into legal limbo? (Just look at the O.J. Simpson Case or similar situations where there were dozens of reports but zero prosecution...) 😠
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#487 ·
Honestly, it’s like you don't even live in this country... It's not like every single case gets handled at the exact same speed or follows the same timeline. You'll have one situation where everything just runs out on the statute of limitations, while someone else gets hit with a penalty for the exact same thing because their case didn't expire... It all really just boils down to the court and the judges, depending on how backed up they are and how much effort they actually put into things...
analogwolf2 analogwolf2 Member
33 messages
joined Sep 2007
#488 ·
I'm talking about the Municipal Court in Washington, D.C., right by Kennedy Square... it took 8 months just to get a response to the report, and then another 6 months after the first hearing just to get a date for the main trial. That's 14 months already gone, and the statute of limitations kicks in at 24. 🙄
urbanraven16 urbanraven16 Active Member
98 messages
joined Jun 2007
#489 ·
analogwolf2 said:Let's try being a bit more constructive instead of just venting... here's the real question: if we look at fines handed down by the Municipal Court where cases hit the absolute statute of limitations two years after the actual offense -> how long does the whole process actually take (factoring in delays, people skipping court dates, dodging mail, or stalling on payments) before the whole thing just disappears into legal limbo? (Just look at the O.J. Simpson Case or similar situations where there were dozens of reports but zero prosecution...) 😠

You really ought to leave out that bit about "dragging feet on payments," since there’s a completely separate statute of limitations for that which doesn't even start counting from the day the offense was committed, and as for everything else, you already said it yourself—it takes two years...
analogwolf2 analogwolf2 Member
33 messages
joined Sep 2007
#490 ·
urbanraven16 said:You really ought to leave out that bit about "dragging feet on payments," since there’s a completely separate statute of limitations for that which doesn't even start counting from the day the offense was committed, and as for everything else, you already said it yourself—it takes two years...

Okay, so you just pointed out one way people stall, but you still haven't actually answered me 🙄 ...
Thomas Miller80 Thomas Miller80 Active Member
93 messages
joined Jun 2007
#491 ·
Gosh, it’s anyone’s guess which court you’re dealing with—and in a massive city like Chicago, who knows which judge you’ll even end up with. Take my experience with some minor infractions handled over in Lincoln Park 😁—I didn't even realize there was a municipal court tucked away there 🤔. I never received a single summons
.
Over at the Cook County courthouse, they actually have a few diligent judges who won't let you slide. They practically hunted me down across the entire US and found me—though it wasn't even that hard once they started looking (they tracked me down after three months, but only bothered to start searching after six 😬).
The preliminary hearing, the main trial, the ruling, the appeal—you can delay all of that an endless amount of times. Here, maybe it's a month; over there, it's two months, then waiting on the ruling, then getting it once instead of twice, then hitting the deadline for the appeal on the very last day, and so on 🥳.

As for whether the statute of limitations will expire? Nobody can say for sure, but let's be real—in most cases, there's a massive chance it will
. I usually start considering the statute of limitations right after that first summons arrives—it all depends on how much time passed after the infraction. And of course, it depends heavily on what time of year it is 😬.
Jonathan Bishop76 Jonathan Bishop76 Member
19 messages
joined Oct 2007
#492 ·
Ever since the New Year, the whole statute of limitations game has changed—no more easy escapes. The deadlines have been stretched out indefinitely... suddenly, traffic cops are treated like celebrities. They handle everything from transit issues to appeals on their own terms. It feels like the legal remedies we used to rely on have become practically useless.
Anthony Miller70 Anthony Miller70 Newcomer
2 messages
joined Oct 2007
#493 ·
So, basically, if they haven't handed down a formal ruling since the (so-called) violation actually happened... how much time do we actually have before they lose the right to chase it?

Also—and this is a big one—what’s the actual deal with the difference between absolute and relative statutes of limitations? Like, do both of them apply to these kinds of offenses, or is it just one or the other?
Eric Morgan7 Eric Morgan7 Newcomer
1 message
joined Oct 2007
#494 ·
So, I went and totaled my car—and yeah, I took out a utility pole too—and I was sitting at about 0.08 BAC.
I was driving solo, so thankfully I didn't hurt anyone, and I'm physically fine myself.
Does anyone have a clue how much of a fine I'm looking at? Like, roughly speaking...
Has anyone here dealt with this kind of mess before? Any stories??
Thanks!
Justin Thomas11 Justin Thomas11 Newcomer
5 messages
joined Oct 2007
#495 ·
So, my sister was involved in a car wreck recently; she’s a pretty new driver, and there was this delivery truck parked on her side of the road with its rear door sticking out into the lane. She tried to swerve around it, but right as she did, this other vehicle comes flying from the opposite direction, veers slightly into her lane, and she ends up swerving hard to the right and slamming straight into that delivery truck. There wasn't a scratch on the truck, but her car? Absolutely totaled. Everyone keeps telling you that if you have full coverage, you absolutely have to call the police, right? Well, the cops showed up, they filed an official report, and now she’s been summoned to court this coming Tuesday. 👎The paperwork she received doesn't actually specify what kind of penalty she's looking at.
Does anyone here actually know how these things play out or what kind of fines or penalties we're talking about? 😕
urbanraven16 urbanraven16 Active Member
98 messages
joined Jun 2007
#496 ·
analogwolf2 said:Okay, so you just pointed out one way people stall, but you still haven't actually answered me 🙄 ...

I honestly can't even tell what you're asking here...

If you're looking into absolute statutes of limitations, then yeah, you hit the nail on the head—for most minor offenses, the procedural clock runs out after about two years from the date the violation occurred, though I know there are certain exceptions where those windows get stretched out a bit longer...
urbanraven16 urbanraven16 Active Member
98 messages
joined Jun 2007
#497 ·
Justin Thomas11 said:So, my sister was involved in a car wreck recently; she’s a pretty new driver, and there was this delivery truck parked on her side of the road with its rear door sticking out into the lane. She tried to swerve around it, but right as she did, this other vehicle comes flying from the opposite direction, veers slightly into her lane, and she ends up swerving hard to the right and slamming straight into that delivery truck. There wasn't a scratch on the truck, but her car? Absolutely totaled. Everyone keeps telling you that if you have full coverage, you absolutely have to call the police, right? Well, the cops showed up, they filed an official report, and now she’s been summoned to court this coming Tuesday. 👎The paperwork she received doesn't actually specify what kind of penalty she's looking at.
Does anyone here actually know how these things play out or what kind of fines or penalties we're talking about? 😕

Most likely they'll pin her for not leaving enough lateral space, which is a violation under the state vehicle code, but since there was an actual accident involved, they’ll probably apply the standard reckless driving statute, so it would be $200 (plus all the court costs, plus the attorney fees)
...
urbanraven16 urbanraven16 Active Member
98 messages
joined Jun 2007
#498 ·
Eric Morgan7 said:So, I went and totaled my car—and yeah, I took out a utility pole too—and I was sitting at about 0.08 BAC.
I was driving solo, so thankfully I didn't hurt anyone, and I'm physically fine myself.
Does anyone have a clue how much of a fine I'm looking at? Like, roughly speaking...
Has anyone here dealt with this kind of mess before? Any stories??
Thanks!

That’s a pretty low concentration... they’ll likely hit you with two separate charges, where the first is just the DUI itself—that’ll probably be $667, plus three points on your license and a three-month suspension—but the second charge depends entirely on exactly *how* you "totaled the car and the power pole," though that second one is definitely going to be the kicker since it’s the direct cause of the wreck.
urbanraven16 urbanraven16 Active Member
98 messages
joined Jun 2007
#499 ·
Anthony Miller70 said:So, basically, if they haven't handed down a formal ruling since the (so-called) violation actually happened... how much time do we actually have before they lose the right to chase it?

Also—and this is a big one—what’s the actual deal with the difference between absolute and relative statutes of limitations? Like, do both of them apply to these kinds of offenses, or is it just one or the other?

From the moment the (alleged) violation happens, the decision doesn't just need to be made; it actually has to become final and legally binding within two years... counting from the day the offense was committed.

As for your second question, to put it simply: what people call "relative statute of limitations" refers to the window of opportunity to actually start legal proceedings, whereas "absolute" refers to the right to continue carrying out those proceedings once they've begun. And yes, both apply to "those" types of offenses.

But honestly, in 99% of cases, you're really looking at that second, longer timeframe...
vividhawk87 vividhawk87 Member
49 messages
joined Oct 2007
#500 ·
We ended up getting two parking tickets today in downtown Chicago because we stayed just a little too long. We were walking back from the bus stop to our car after the two-hour limit had already passed—we were running about 25 minutes behind schedule—and we got hit with both $50.
I just wanted to ask, is there any point in actually paying this? What happens if we just ignore it?
The notice says it needs to be settled within 8 days, but money is incredibly tight for us right now... it mentions some kind of late interest charges, but how does that work? Is it a specific dollar amount per day or something else?

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