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Traffic violation procedures

Started by restlessdriver87 · · 👁 61 views · 1.6K replies

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Participants restlessdriver87Brian Lopez8Keith Taylor4Gary Hernandez6Robin Rodriguez5rowdyviper3Michael Rodriguez40hollowtrucker77Joshua Williams82Jason Chavez32Eric Wood7cosmicridge5ironangler22urbanranger18Kevin White5dustyjackal68goldengull3dustyscout53William White2Rebecca Cox2fadedtrucker19Kyle Nelson2Brenda Turnercasualfox9 …
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#521 ·
Look, the statute of limitations totally runs out after two years from the date the violation actually happened... you could have caught that right at the top of this thread ☕
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#522 ·
I mean, can't you see we already have a whole thread dedicated to TRAFFIC VIOLATIONS right here??
Michael Anderson10 Michael Anderson10 Member
31 messages
joined Dec 2007
#523 ·
coppercrane6 said: We don't tolerate this kind of attitude here.

Boohoo. The guy has one drink and suddenly everyone is calling for a SWAT team.

Under the old laws, a .08 was perfectly fine, and nobody threw a fit back then.

And another thing... He didn't hit anyone or cause any trouble. He just had bad luck and got pulled over.

the same applies here, watch out
idiots

he didn't have luck? maybe he's lucky because he didn't hit anyone! He doesn't need jail, but he should be held accountable!
shadowtrucker shadowtrucker Active Member
50 messages
joined Oct 2007
#524 ·
My apologies, I didn't scroll through the entire PDF.
Does that eight-day window for filing an objection refer to business days, or are we counting every single day on the calendar?
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#525 ·
Look, there's already a massive thread dedicated to all of this...
shadowtrucker shadowtrucker Active Member
50 messages
joined Oct 2007
#526 ·
crimsonsailor7 said:Look, there's already a massive thread dedicated to all of this...

I actually scrolled through this thread too, but I must have missed it somehow because it is just so huge... 🙂

Give me a break, guys...
William Edwards14 William Edwards14 Member
16 messages
joined Oct 2007
#527 ·
Look, I’ll give you an answer just so you don't feel like you're losing your mind—it's really no big deal.
So, basically, the clock starts ticking the day after you actually get served that citation from the Municipal Court (though, I guess, it might be the day the incident happened, but I'm just speculating here). It runs until the end of whatever deadline the law sets. If that final day happens to land on a Sunday or a federal holiday, then the deadline just rolls over to the next business day.

Basically, Sundays and holidays are included in the count, unless the deadline lands right on one of them, which is when things shift.

Just to be clear, I’m talking about deadlines defined by specific days (which is what we're dealing with regarding your ticket appeal), because things work a bit differently when you're counting by months or whatever.

Like, just to walk through an example: if you got hit with a ticket today, say October 29th, 2007, the countdown would start tomorrow, October 30th, 2007, and your last day would be November 6th, 2007 (assuming it's an 8-day window, obviously).

Anyway, I hope that helps at least a little bit...
shadowtrucker shadowtrucker Active Member
50 messages
joined Oct 2007
#528 ·
William Edwards14 said:Look, I’ll give you an answer just so you don't feel like you're losing your mind—it's really no big deal.
So, basically, the clock starts ticking the day after you actually get served that citation from the Municipal Court (though, I guess, it might be the day the incident happened, but I'm just speculating here). It runs until the end of whatever deadline the law sets. If that final day happens to land on a Sunday or a federal holiday, then the deadline just rolls over to the next business day.

Basically, Sundays and holidays are included in the count, unless the deadline lands right on one of them, which is when things shift.

Just to be clear, I’m talking about deadlines defined by specific days (which is what we're dealing with regarding your ticket appeal), because things work a bit differently when you're counting by months or whatever.

Like, just to walk through an example: if you got hit with a ticket today, say October 29th, 2007, the countdown would start tomorrow, October 30th, 2007, and your last day would be November 6th, 2007 (assuming it's an 8-day window, obviously).

Anyway, I hope that helps at least a little bit...

You certainly were! Thank you so much...
urbanraven16 urbanraven16 Active Member
98 messages
joined Jun 2007
#529 ·
William Edwards14 said:Look, I’ll give you an answer just so you don't feel like you're losing your mind—it's really no big deal.
So, basically, the clock starts ticking the day after you actually get served that citation from the Municipal Court (though, I guess, it might be the day the incident happened, but I'm just speculating here). It runs until the end of whatever deadline the law sets. If that final day happens to land on a Sunday or a federal holiday, then the deadline just rolls over to the next business day.

Basically, Sundays and holidays are included in the count, unless the deadline lands right on one of them, which is when things shift.

Just to be clear, I’m talking about deadlines defined by specific days (which is what we're dealing with regarding your ticket appeal), because things work a bit differently when you're counting by months or whatever.

Like, just to walk through an example: if you got hit with a ticket today, say October 29th, 2007, the countdown would start tomorrow, October 30th, 2007, and your last day would be November 6th, 2007 (assuming it's an 8-day window, obviously).

Anyway, I hope that helps at least a little bit...

Or even Saturday...
urbanraven16 urbanraven16 Active Member
98 messages
joined Jun 2007
#530 ·
Zachary Flores said:I’m looking to contest a traffic ticket, but I’m honestly flying blind here. I have no idea what a formal appeal should actually look like, so if anyone is willing to lend a hand, I’d really appreciate it 😁.
Here’s the situation: I blew a 0.52, which falls within the legal tolerance range, yet I was cited under Section 191, Subsection 1 of the State Vehicle Code. According to Section 199, Subsection 6, that carries a fine of $667 plus $63 in court costs. On top of that, I’ve been hit with three points on my license and a three-month suspension.
I didn't sign the citation at the scene—does that carry any weight in my favor?
Thanks

Man, you were hovering right on the edge of that 0.5 threshold... but since you did cross it, the judge doesn't really have much wiggle room when it comes to the license suspension or those points, but they might be able to shave a little off the fine... if I were in your shoes, that's the angle I'd try to push...
Thomas Vaughn8 Thomas Vaughn8 Newcomer
2 messages
joined Oct 2007
#531 ·
So, here’s the deal: I was cruising through a residential area at 71, but the speed limit was marked as 38 miles/h. That’s looking at a $167 fine and one point on my license. I signed the citation acknowledging I received it on October 25th (which is just proof of delivery, right?). The actual incident happened on October 25th, but the officer wrote the ticket stating it was issued on November 25th, claiming I committed the violation on November 25th... blah, blah, blah.
Can I actually appeal this based on incorrect facts? Is there a chance the Municipal Court—or whoever handles these things—will just toss the whole thing out because I’m appealing a notice I got on October 25th, even though the paperwork says the offense happened on November 25th?
Has anyone dealt with something like this before? It feels like the officer messed up the entire date range by a whole month. Does a mistake like that make the ticket void, or am I still on the hook for the fine????
THANKS!!!
Thomas Miller80 Thomas Miller80 Active Member
93 messages
joined Jun 2007
#532 ·
Since you've only got an 8-day window to file that appeal, there’s no way it’ll be anywhere near November 25th by the time you actually get it in—it's just not gonna fly 😬
Thomas Vaughn8 Thomas Vaughn8 Newcomer
2 messages
joined Oct 2007
#533 ·
Thomas Miller80 said:Since you've only got an 8-day window to file that appeal, there’s no way it’ll be anywhere near November 25th by the time you actually get it in—it's just not gonna fly 😬

But why does it even matter if it's close to November 25th or not?
The reality is, there’s absolutely no mention of October 25th anywhere on this citation, even though the incident supposedly happened on November 25th. So, technically, it could end up in Municipal Court where the violation hasn't even "happened" yet according to the paperwork. Doesn't that count for something? I mean, a cop could just as easily write down that I committed the offense back in 2005 or 2008. It's all just a clerical error at that point.
Thomas Miller80 Thomas Miller80 Active Member
93 messages
joined Jun 2007
#534 ·
So you’re saying the cop blew it while writing the ticket—but the judge isn't quite as dim-witted as you're making him out to be?

Honestly, why are you even filing an objection against something that hasn't even happened yet—an alleged violation, in your eyes? It just doesn't add up. 😳
Zachary Harris16 Zachary Harris16 Newcomer
1 message
joined Oct 2007
#535 ·
I am looking for some guidance on how to handle this situation:
My mother received a speeding ticket from $167 and signed off indicating she would prefer to complete community service instead.
She received the official notice stating she is required to perform five days of service, but there is a significant error on the document—while her last name and date of birth are correct, the first name listed isn't hers. She picked up the notice from the mailman and signed it anyway.
What I am wondering is whether this clerical error can be leveraged in her favor. In my estimation, if the name on the paper isn't actually hers, then legally, the order shouldn't apply to her, right?
On another note, does filing an appeal make any sense here? My mother is currently unemployed and has recently been battling cancer—surgery, chemo, radiation, the whole ordeal. She entered remission earlier this year, but she is still managing a heavy regimen of medication.
If her medical history doesn't qualify as a mitigating circumstance, would it be worth filing an appeal to request a lighter form of community service given her physical condition?
Thank you in advance.
Jonathan Bishop76 Jonathan Bishop76 Member
19 messages
joined Oct 2007
#536 ·
Interesting question... if the solution isn't actually under her name, then it doesn't even pertain to her. I'd say wait for a correction—assuming one actually comes—before filing a complaint. But how exactly is the name incorrect? A typo, a similar name, or something else entirely?
Lisa Flores32 Lisa Flores32 Newcomer
3 messages
joined Oct 2007
#537 ·
Does anyone happen to know if they’ve actually started implementing community service as an alternative to fines in Washington, D.C.?
I happened to catch an article somewhere mentioning that the courts in ZAG have begun offering community service in lieu of paying off penalties...😢
Since I'll be facing my own decision soon regarding whether to just pay up or opt for the service route, I was hoping someone could give me a sense of how things are currently looking on the ground...
rowdycanyon84 rowdycanyon84 Newcomer
4 messages
joined Sep 2007
#538 ·
Hey,

So, if it’s been two years since the actual violation happened—and I only filed an initial appeal against the first decision—but during those two years, they sent three different court summons that I just never picked up, does the statute of limitations kick in?

Is it actually possible for the court to hand down a verdict and then just try to mail it to me?
Also, is there a statute of limitations on enforcing a judgment like that? What happens if I just keep refusing to pick up any mail coming from the Municipal Court? How long can this whole thing drag on?

Thanks,

I.
granitetinker42 granitetinker42 Newcomer
1 message
joined Nov 2007
#539 ·
So, here’s the situation... I need some quick advice. We got pulled over by the police in Washington, D.C. yesterday. We ran a light—well, it turned red right as we were hitting the intersection, maybe 10 meters ahead, so there was zero chance we could stop in time. Anyway, the fine is $333 and we have 8 days to deal with it. Is there any way to appeal this? Who do we talk to, how do we do it, and what should we actually say? Any help would be huge. This is my first ticket ever.
urbanraven16 urbanraven16 Active Member
98 messages
joined Jun 2007
#540 ·
Thomas Vaughn8 said:So, here’s the deal: I was cruising through a residential area at 71, but the speed limit was marked as 38 miles/h. That’s looking at a $167 fine and one point on my license. I signed the citation acknowledging I received it on October 25th (which is just proof of delivery, right?). The actual incident happened on October 25th, but the officer wrote the ticket stating it was issued on November 25th, claiming I committed the violation on November 25th... blah, blah, blah.
Can I actually appeal this based on incorrect facts? Is there a chance the Municipal Court—or whoever handles these things—will just toss the whole thing out because I’m appealing a notice I got on October 25th, even though the paperwork says the offense happened on November 25th?
Has anyone dealt with something like this before? It feels like the officer messed up the entire date range by a whole month. Does a mistake like that make the ticket void, or am I still on the hook for the fine????
THANKS!!!

Nah, that's just a blatant clerical error, which honestly gets patched up all the time, and because they fix it so easily, those charges never actually get dropped...

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