Traffic violation procedures

mistyseal11 said:So, what’s the daily rate for being behind bars?

Maybe this sounds stupid, but....
Do people actually brush their teeth with toilet brushes, and is all that stuff about getting jumped or worse just some scary crap they throw at you in American movies?

Of course you don't scrub toilets with a toothbrush, and there isn't any of that violation stuff going on...🙂

It's pure nonsense.

Just a quick little correction here—you don't actually file an appeal with some Supreme Misdemeanor Court because, well, that place doesn't even exist. You go through the High Misdemeanor Court instead. And honestly, regardless of whether someone's a student or not, those fines can still be collected; that's just how it works. I guess another thing to keep in mind is that enforcing misdemeanor penalties here in the States tends to move a bit slower than you might expect!

William Edwards14 said:Just a quick little correction here—you don't actually file an appeal with some Supreme Misdemeanor Court because, well, that place doesn't even exist. You go through the High Misdemeanor Court instead. And honestly, regardless of whether someone's a student or not, those fines can still be collected; that's just how it works. I guess another thing to keep in mind is that enforcing misdemeanor penalties here in the States tends to move a bit slower than you might expect!

Of course they can't collect everything, because the government only really tries to squeeze you through tax liens within a six-month window, and if that doesn't work out, they just swap the fine for jail time—which, honestly, happens way more often than people realize... are you absolutely sure you weren't a misdemeanor judge or something?

mistyseal11 said:So, what’s the daily rate for being behind bars?

Maybe this sounds stupid, but....
Do people actually brush their teeth with toilet brushes, and is all that stuff about getting jumped or worse just some scary crap they throw at you in American movies?

$100 though you can't get less than three days, so basically everything up to and including $300 counts as three days behind bars...

Sam Ramos85 said:Back on December 6, 2005, the highway patrol actually showed up at my front door. Apparently, some guy reported me because he claimed I scraped his car in the parking lot outside a restaurant.
Now, look, I’ll be honest—I was at that restaurant that day, but I have absolutely zero memory of hitting anyone's vehicle.
The guy is insisting he has a witness who saw the whole thing happen.

It is true that I had a few scratches on my front bumper, but those were old marks from way before that incident that I just hadn't gotten around to fixing yet.

The police took photos of these "scratches" and sent everything over to the municipal court. A few days later, the verdict comes back:
Because they slapped me with a hit-and-run charge, they’re suspending my driver's license for three months.
Plus, I'm looking at 3 points on my record and $667 some fines.

I hired a lawyer to file an appeal against the ruling, and honestly, since then, I haven't heard a single word. No update, no new notice, nothing—not even a summons for a hearing!
I mean, is this thing just stuck in legal limbo? Has it reached the statute of limitations or something??

Assuming we're talking about an objection to a restraining order rather than an actual appeal against a "judgment" (as you put it), the real question is what your attorney actually argued in that filing... if they strictly limited themselves to challenging the specific type or the duration of the injunction, then it's entirely possible the statute of limitations hasn't run out yet, and the judge just decided on it within the legal timeframe but hasn't actually mailed out the decision yet...

But if the objection was based on different grounds altogether, then yeah, it’s likely expired.

urbanraven16 said:Of course they can't collect everything, because the government only really tries to squeeze you through tax liens within a six-month window, and if that doesn't work out, they just swap the fine for jail time—which, honestly, happens way more often than people realize... are you absolutely sure you weren't a misdemeanor judge or something?

Well, I suppose I have to address these kinds of claims. Honestly, some of them aren't even worth my time to comment on.

See, when I wrote that every fine can be collected, I was strictly talking about the fact that supplementary jail time can be imposed. Maybe I phrased it poorly; maybe instead of saying "collected," I should have used the word "enforced."

Anyway, I really feel—and I always say this because this should be a space for help, advice, and sharing experiences—that this shouldn't be a place for judging someone's professional competence.

As for answering that Homo sapien's point, maybe it wasn't explained clearly enough, but we're obviously talking about an appeal against a ruling. Regardless of any other factors, the statute of limitations has already run out since the violation occurred way back in June 2005, no matter what the reasons for the appeal might be.

P.S. urbanraven16, a formal objection doesn't necessarily need to be fully reasoned; an appeal does, but yeah, we're still operating under the old misdemeanor laws here!

If they phrased the objection differently, then we're talking about the statute of limitations.[

I don't get this at all... something's definitely off here.

crimsonsailor7 said:see, that’s how it goes, things just start getting old and repetitive after a while...😁 😁

Yeah, it definitely gets old, I guess. But honestly, I get why people who just joined this forum don't feel like digging through all the archives right away... I mean, what can you do? It’s not like it's a huge deal to just type things out, right?🙂

Why are we back to obsessing over the idea that William Edwards14 was some kind of rogue judge? 😕

Maybe she was just working in the court system—it's not a crime. 🥳
Besides, I highly doubt she’s old enough to have even held a judgeship yet. 😁

Jeffrey Palmer29 said:So, I just got hit with a summons for municipal court. (My old man actually signed for it—I was planning on just tossing it back to stall for time, but clearly, that plan failed miserably).
Now I’m wondering, is there any way to get out of showing up, or what’s the best excuse to use? Also, can I pull the "my dad forgot to give me the notice because I didn't receive it personally" card? Thanks.

Look, I’ll give you a little tip—and honestly, a tip for all you self-proclaimed legal experts hanging out on this forum too........
That envelope clearly states it needs to be delivered to the recipient personally......The fact that mail carriers hand these off to whoever happens to be standing there is just proof of how incompetent they are.......
You can pretty much ignore that whole angle......Your dad signed saying he received it, not you.....

Thomas Miller80 said:Why are we back to obsessing over the idea that William Edwards14 was some kind of rogue judge? 😕

Maybe she was just working in the court system—it's not a crime. 🥳
Besides, I highly doubt she’s old enough to have even held a judgeship yet. 😁

Look, I’ve been in misdemeanor court before—the judge there was probably roughly my age... (I'm 30)... and honestly, I gotta admit, she was a pretty cute blonde. 😉

Alright, I’ve got a question for William Edwards14 here...
How would you handle this—would you actually sue someone if they skipped out on a court date just because their father picked up the summons instead? I mean, if I recall correctly, you can still get slapped with some $1667 fines for failing to show up, or even face a warrant for being brought in personally...
I’ve had situations where other people signed for me, and I never once got hit with a penalty. Why do you think that is?
Because they’d be staring down a massive countersuit, no doubt about it, not to mention all those ridiculous interest charges...

From what I can gather, a delivery like that should be totally valid.

Look, crimsonsailor7, I’m really not trying to start an argument here, but you’re off base...
I went through this exact same thing when my uncle stepped in and took over for me...
And man, did I lose it. I was absolutely fuming that he had taken charge...
My dad just laughed in my face—told me I ought to actually take a second to read the envelope...😉

Keep in mind, my old man has been a high-level attorney for nearly 40 years—he's basically a judge at this point...
So, you tell me how that looks...

All he said was to read the damn envelope and draw my own conclusions...
See, if any court tries to claim you received something when you didn't, you can basically go ballistic right then and there—that's just how the legal system works out here...😉

He explained that those kinds of things just get resent immediately. Because once you know the truth—or once someone opens your eyes to it😉 😲—you can't exactly hide behind some signature on a document that explicitly states, in bold letters inside a black border, "Deliver to recipient in person"...
Hertz

Most of the time, you just see this happen where the person who answers the door signs on behalf of whoever the package is actually meant for, and then the delivery is considered official. I mean, there are tons of cases where someone else in the house says, "Yeah, go ahead and leave it," but then they obviously sign using their own name... I won't say anything about the elderly, though; I guess it’s probably not great to generalize like that.

Another citation—this one for delivery:
Shipping methods.

Article 146.
Delivery is handled via:
Personally,
2. indirectly.
In addition to serving the legal entity, service of process shall be made to the individual defendant personally:
Summons for the initial hearing, including the indictment.
2. judgments and other rulings where the deadline for legal remedies begins upon service, provided there is no veteran involved in the proceedings.
Upon the defendant's request, all summonses, judgments, and other rulings—along with any supporting documentation—are to be served exclusively to their legal counsel or a designated representative authorized to receive service. Service provided to that representative is legally deemed service to the defendant itself. However, in cases where a prison sentence is handed down, the judgment must always be served directly to the defendant as well.
Summonses and decisions under subsections 1 and 2 of this article are delivered personally to the defendant. If they aren't present at the designated location—which happens more often than one would hope—the process server is required to inquire when and where they can be reached. A written notice must then be left with one of the individuals listed in subsection 7, specifying the exact day and time the recipient will be available at their residence or workplace to accept the documents. Should the server still fail to locate them after these efforts, they will proceed according to the provisions in subsection 7. At that point, service is legally deemed complete.
If a defendant without legal representation needs to be served a prison sentence, but service is impossible—say, they've gone off the grid—the court can step in. They’ll appoint a public defender to review the case file and, if there's any merit to it, file an appeal. Necessary, isn't it?
If the defendant is represented by legal counsel, all decisions triggering an appeals deadline will be served to the defendant in accordance with the provisions outlined in paragraph 7 of this article. In cases where service is made to both the defendant and their attorney—as often happens—the clock for filing an appeal doesn't actually start ticking until the later of those two dates.
Regarding any notices not explicitly required by this Law to be delivered in person—they are still handled via personal delivery. However, if the recipient isn't home or at the office, the notice can be handed to any adult member of their household, who is then obligated to accept it. If no one is home? The notice may be left with a building manager or a neighbor, provided they agree to take it. In cases where delivery is attempted at a place of business and the individual is unavailable, the notice can be left with the authorized mail receiver or simply with a colleague, assuming they are willing to accept the service.
If it turns out the intended recipient is unavailable—making it impossible for the personnel mentioned in Section 7 to deliver the notice on schedule—the document will be returned, clearly noting the recipient's current location.
Service of process to a legal entity is handled by delivering documents to an authorized representative or any other individual acting on behalf of that organization. Simple enough, right?
Service of process to prosecutors and other parties.

Article 147.
The initial summons for a main hearing or investigation—along with any written orders requiring a party to take specific action or fulfill an obligation—are served in person (per Section 146, Subsection 4). This applies to the plaintiff, the victim, and the relevant parties outlined in Section 108, Subsection 2, Point 4, including their legal guardians or non-attorney representatives. The same protocol applies to judicial decisions that trigger a deadline for an appeal. If these individuals have designated legal counsel, service is made exclusively to that representative.
Decisions and other official correspondence from the State Attorney's Office may also be submitted directly to their clerk's office.
All summonses for main hearings, secondary calls, or any rulings that trigger a legal appeal deadline will be sent directly to the address provided by the prosecutors in their initial indictment. If, for some reason, these notices cannot reach the address listed in the indictment or the one officially registered with the court, they’ll be posted on the court's public bulletin board instead. Once those eight days have passed from the date of posting, service is legally considered complete. Simple enough, right?
Delivery confirmation.

Article 148.
Proof of delivery—the receipt—requires signatures from both the recipient and the courier. It’s also up to the recipient to manually note the exact date and time of arrival. Simple enough, right?
(2) If the recipient is unable to write or sign, the process server will sign on their behalf—noting the date and time of receipt and providing a brief explanation for why they had to step in.
(3) Should a recipient refuse to sign the delivery receipt, the server will simply note the refusal along with the exact date and time. If the recipient is also unable to record the date and time themselves, the server handles that part too. In either case, the service is legally considered complete.
(4) When a recipient or an adult member of their household refuses to accept a document, the server will log the date, time, and the reason for refusal on the receipt. The document itself will then be left at the residence, at their place of business, or—if those aren't options—taped to the door or placed where mail is typically delivered. This detail goes on the receipt, and once done, the service is finalized. In instances involving a crime scene, if the recipient refuses to sign for a decision or notice, the same protocol applies: the document is made available to them in a reasonable manner, documented accordingly, and deemed successfully served.
(5) For corporations, small businesses, or sole proprietors, the delivery receipt must be signed by the individual who actually receives the documents.
Special Service Circumstances

Section 149.
(1) Subpoenas and other legal notices for military personnel, law enforcement officers, or judicial police are handled through their respective chain of command or immediate commanding officer, rather than the standard methods outlined in this Act.
(2) Individuals currently in custody receive subpoenas through the court or via the administration of the facility where they are being held.
(3) Subpoenas and notices for individuals located abroad are managed according to international treaties or established global practice. Service may also be conducted directly via mail, provided the foreign nation does not object.
(4) For American citizens living abroad, unless specific international legal assistance protocols for criminal matters apply, service is facilitated through an American diplomatic or consular mission—provided the foreign country allows it and the recipient consents. An authorized official from the embassy or consulate acts as the server if the subpoena is handed over in person; if sent by mail, they simply verify receipt on the documentation.
(5) Up until the conclusion of the main hearing, subpoenas and decisions may be handed to any participant in the proceedings—excluding the defendant—who agrees to deliver them to the intended party, provided the presiding body believes this method ensures successful delivery.
(6) Except for final judgments, documents may be sent via telegram, fax, email, or other electronic communication, assuming the circumstances suggest the recipient will actually get it. Subpoenas—with the exception of the initial summons and certain specific notices—can also be communicated to participants via telephone.
(7) For any service or notification carried out under subsections 1, 2, 5, or 6, an official memo must be added to the case file.

It’s not about who they are or what their relationship is to you...
Look, unless that person has a valid power of attorney notarized by a US notary, they can't sign anything on your behalf—it doesn't matter if it's your dad, your mom, your neighbor Peter, your brother, or some guy from the collection agency...
Plus, the rules specifically state it has to be delivered PERSONALLY...
That is the absolute key word here...

I’m dying to know why they haven't slapped me with a fine yet, considering the delivery was technically valid 😉

Honestly, a little extra cash right now before Christmas would be pretty nice😂

but they don't actually stick to the rules, you know... it happens all the time where someone just signs someone else's name, or they'll post a photo of a perfectly signed delivery receipt, and what? Is the court really going to go through the whole hassle of hiring a handwriting expert just to figure out whose signature it actually is? I'm just talking about how things actually play out in the real world, obviously. It’s a long way from how the system is supposed to work on paper.🙂

Look, Jonathan Bishop76, that might work in theory, but the packaging explicitly says..........
The American language is incredibly precise in certain situations....