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Traffic violation procedures

Started by restlessdriver87 · · 👁 89 views · 1.6K replies

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Participants restlessdriver87Brian Lopez8Keith Taylor4Gary Hernandez6Robin Rodriguez5rowdyviper3Michael Rodriguez40hollowtrucker77Joshua Williams82Jason Chavez32Eric Wood7cosmicridge5ironangler22urbanranger18Kevin White5dustyjackal68goldengull3dustyscout53William White2Rebecca Cox2fadedtrucker19Kyle Nelson2Brenda Turnercasualfox9 …
urbanraven16 urbanraven16 Active Member
98 messages
joined Jun 2007
#721 ·
jaderaven22 said:So, I had this whole situation happen yesterday...

The traffic light was out, so a police officer was directing traffic instead. The light had been green just moments before, so I pulled out on my bike following the flow. When I hit the intersection, I totally missed seeing the PJM Interconnection officer because that stretch usually stays green anyway. By the time I spotted him, he was already facing me head-on. I slammed on the brakes, but the front wheel slipped—either the road was greasy or something, since I was only doing 4031 miles mph. I almost went down, so I let go of the brake and just kept going straight to stay upright. My bad luck? A cop in a cruiser coming from a side street nearly clipped my bumper. He pulled up behind me, I pulled over immediately, and he slapped me with a ticket for $333 plus $37 in court costs and 1 point. Look, I know I messed up and broke the rules, but if I hadn't decided to keep moving, I would have definitely wiped out on the pavement. I'm 100% sure about that because my front tire locked up and the bike started fishtailing. Honestly, I could already see myself face-planting and my bike smashing into a squad car...

The officer admitted he saw I wasn't speeding, but the ticket stands. Since I'm still a student, this is a massive hit to my wallet.

Now I'm wondering if there's any point in filing an appeal, and if so, how? If anyone has dealt with something similar, please send me your thoughts.

If I just decide to bite the bullet and pay it without contesting, how do I actually do that? The officer didn't give me the payment slips. He was typing them up in his cruiser while I was standing there, but now I realize he never actually handed them over...

Thanks

An appeal where you try to argue you weren't even in the wrong? No chance. But an appeal asking for a lighter fine? Well, why not...
feralhawk142 feralhawk142 Newcomer
1 message
joined Jan 2008
#722 ·
Yo, does anyone actually know if the cops are required to hand over some kind of receipt or official paperwork right then and there after they pull you over for a traffic violation?
placidowl24 placidowl24 Member
11 messages
joined Nov 2007
#723 ·
Does this new policy regarding the statute of limitations on offenses also apply to violations committed before the Traffic Safety Act went into effect?
Hannah Wright22 Hannah Wright22 Newcomer
1 message
joined Jan 2008
#724 ·
placidowl24 said:Does this new policy regarding the statute of limitations on offenses also apply to violations committed before the Traffic Safety Act went into effect?

No, the updated statutes of limitations only apply to infractions committed after January 1st, 2008.
rustynomad28 rustynomad28 Newcomer
5 messages
joined Jan 2008
#725 ·
Dear urbanraven16 and everyone else willing to lend a hand...

To put it bluntly, I have made a complete mess of things.
I decided to get behind the wheel after having a beer and drove back home to Chicago. And then, naturally, here they come right behind me; I thought to myself, perhaps I should just pull into this little side street so they might continue on their way without incident. However, they followed me, and the lights on their patrol vehicle began flashing. Almost simultaneously—perhaps even within the same nanosecond, as I pulled over the moment I realized they were pursuing me—I came to a halt in front of a driveway entrance. It wasn't strictly legal, though I certainly wasn't blocking the flow of traffic, but I shut off the engine and sat there.
An officer stepped out, knocked on my window, and requested my documentation, which I provided.
He asked if I would submit to a breathalyzer test, and I declined.
He informed me that the fine would be $2000 under the new Traffic Safety Act.
I attempted to appeal to his sense of reason and asked for some understanding, but he was unmoved.
The officer filled out a form and handed it to me along with my documents. As I reached only for my papers, avoiding the slip itself, he simply tucked the citation into my vehicle.
I should clarify that I did not sign anything; I merely surrendered the identification requested of me.
On the document, in addition to noting my refusal, there is a remark stating that I smelled strongly of alcohol, despite the fact that I never once exited the vehicle. In my estimation, this is nothing more than his subjective interpretation, and quite frankly, it was entirely inappropriate for him to include.
I left the car where it stood—though I did move it to a legal spot about thirty minutes later—and finished the journey home on foot.

I am feeling somewhat lost... I am currently unemployed, and the weight of this situation feels quite overwhelming.

I would truly appreciate any legal insights you might offer regarding how I might minimize the penalty. To those who might wish to lecture me: please spare me the moralizing, as I am already fully aware of my error. Thank you.

My questions are as follows:
Do these official vehicles—I am not entirely certain, as it didn't seem to be an interceptor, just a standard cruiser—possess cameras that could prove I was actively driving? My argument would be that I was parked, whether legally or not, and therefore there was no justification for a sobriety test. I am perfectly willing to pay a parking ticket if necessary... hmm...
And regarding the new Traffic Safety Act, I don't even want to consider the statute of limitations because I doubt I have a chance there... or do I?

Is there any hope for me at all?
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#726 ·
Wait, weren't they supposed to send you in for a blood test? :mislis:

I mean, they've gotta have some kind of way to prove your actual BAC levels... but honestly, besides that, don't even try to play those childish games about being parked or whatever. Neither the judges nor the cops are actually that clueless 😉

Your best bet is to file an appeal, tell them at the hearing that you're currently between jobs, and see if you can talk them into a payment plan...
Matthew Diaz7 Matthew Diaz7 Newcomer
1 message
joined Jan 2008
#727 ·
Need some advice here
My mom ended up rear-ending a police van while stuck in bumper-to-bumper traffic on a slick road—no big deal, just a total freak accident because they were already on the scene
She went before a judge and got hit with a fine $333 for violating Section 51, Subsection 5 of the Traffic Safety Act, along with Section 294, plus she’s on the hook for $173 court costs, the accident reconstruction report, and all the photo documentation fees.

Is it even worth filing an appeal? She was honestly driving slow and keeping a safe distance in that line, but the road was greasy from that first bit of rain.
She’s living on a fixed pension $467 and stays by herself in her apartment, which she mentioned to the judge, but she still got slapped with a massive fine—at least in my eyes.

Please help me out, the deadline to appeal is only 8 days.
frozensailor8 frozensailor8 Newcomer
2 messages
joined Jan 2008
#728 ·
So, back on August 9th, 2007, I got pulled over for speeding, which... yeah, happens. I heard some news from the court around mid-December, but I wasn't actually home to pick up the paperwork, so I haven't officially received anything yet. I'm just wondering when the statute of limitations kicks in for a situation like this? I mean, if we're looking at the old rules, I think it was two years, but I'm worried the new Traffic Safety Act might be catching up to me and pushing that window out to four years. I’d really appreciate any insight you guys might have on this! :-)
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#729 ·
Just sticking to the old ways...
mistyseal11 mistyseal11 Regular
250 messages
joined Aug 2007
#730 ·
So....

I just hit a pretty massive jackpot at the casino

and since my life is basically a total snooze fest right now, I’m thinking about "spicing things up" a little bit.

----

Here's what I'm wondering. Roughly what kind of fallout am I looking at if I do this:

I'm gonna make myself a "FOLLOW ME" sign out of LED lights—you know, kind of like those "POLICE - FOLLOW US" signs they use during chases
and mount it right on the back of my car.

Then I'll cruise around town late at night until I run into some cops...
flip the sign on, and floor it.

Alright,
this would involve speeding, blowing through multiple red lights, driving in the HOV lane, going the wrong way down a street, driving after 11 PM, failing to use turn signals, driving without headlights, and potentially some minor fender benders (with the cops), etc.

In any case, I'll be at 0.00 BAC.

Thanks a ton for the input!
Keith Nguyen7 Keith Nguyen7 Member
40 messages
joined Nov 2007
#731 ·
They’ll pop you like a target. Just enough cash left over for a funeral. If you actually make it through the driving test, maybe you'll see the year 2035.
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#732 ·
mistyseal11 said:So....

I just hit a pretty massive jackpot at the casino

and since my life is basically a total snooze fest right now, I’m thinking about "spicing things up" a little bit.

----

Here's what I'm wondering. Roughly what kind of fallout am I looking at if I do this:

I'm gonna make myself a "FOLLOW ME" sign out of LED lights—you know, kind of like those "POLICE - FOLLOW US" signs they use during chases
and mount it right on the back of my car.

Then I'll cruise around town late at night until I run into some cops...
flip the sign on, and floor it.

Alright,
this would involve speeding, blowing through multiple red lights, driving in the HOV lane, going the wrong way down a street, driving after 11 PM, failing to use turn signals, driving without headlights, and potentially some minor fender benders (with the cops), etc.

In any case, I'll be at 0.00 BAC.

Thanks a ton for the input!

just a heads up, I can't really help you with this one😁 😁 😁
Bryan Wood7 Bryan Wood7 Newcomer
4 messages
joined Apr 2008
#733 ·
I will attempt to be as concise as possible:
Basically, I am in a dispute with Amtrak regarding riding without a ticket (on that infamous route from Dugopolje to Cleveland where the regular schedule doesn't even apply).
The violation occurred in March 2006; the initial paperwork arrived in the fall of 2006 (which I didn't pick up), then they were served via process server (my mother accepted them).
However, even though all the documentation from Amtrak is in my name, the legal proceedings were initiated against my "alias" (Anthony instead of Anita).
I promptly returned the papers to the court with an explanation stating that my mother automatically accepted them without checking the name, and that the individual named in the suit does not reside at that address.

Three months ago, a judgment was issued in favor of Amtrak, which holds me liable for all court costs, fines, and interest accumulated since the start of the proceedings.
I sent a written appeal to the court in which I admit to the violation, but I refuse to pay any costs resulting from the error in the name, nor the interest accrued during the period when the case was being pursued against the wrong person.

I have been summoned to a hearing.
I have no issue paying for what I actually did wrong, but I will not give Amtrak a single cent in interest, and certainly not the court costs.

What should I expect, and how should I conduct myself if they reject my appeal?
Keith Nguyen7 Keith Nguyen7 Member
40 messages
joined Nov 2007
#734 ·
Play the unpredictability card. Show up dressed like Anthony and just act like you've got a split personality.
Man, why even bother complaining? Your contract expires in two months anyway.
frozensailor8 frozensailor8 Newcomer
2 messages
joined Jan 2008
#735 ·
Well, I guess it’s a good thing everything is still moving along as usual for me. There’s one more thing I’ve been chewing on, though. Somewhere in the middle of this thread, some guy mentioned that he just completely ignores those summonses sent by mail from the municipal court and basically just waits for the police to show up at his door instead. Is that even a real thing you can do—like, can the cops actually serve you papers without things turning into a total disaster? Or is the whole trick just making sure you happen to be home when they knock so they can't exactly haul you away right then and there? I mean, does playing it that way actually have any massive fallout for the case itself in the long run?
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#736 ·
it really all comes down to the specifics of the situation, how the judge handles things, and which court you end up in...
Keith Nguyen7 Keith Nguyen7 Member
40 messages
joined Nov 2007
#737 ·
frozensailor8 said:Well, I guess it’s a good thing everything is still moving along as usual for me. There’s one more thing I’ve been chewing on, though. Somewhere in the middle of this thread, some guy mentioned that he just completely ignores those summonses sent by mail from the municipal court and basically just waits for the police to show up at his door instead. Is that even a real thing you can do—like, can the cops actually serve you papers without things turning into a total disaster? Or is the whole trick just making sure you happen to be home when they knock so they can't exactly haul you away right then and there? I mean, does playing it that way actually have any massive fallout for the case itself in the long run?

They burst through your front door, wreck your place, assault your dog, and force-feed you the summons.
Jeffrey Palmer29 Jeffrey Palmer29 Member
10 messages
joined Nov 2007
#738 ·
I mean, then the cops are actually doing their job instead of just playing mailman. They’ll be hunting you down everywhere—at work, around the neighborhood, you name it. And once they finally corner you, they just hand you the summons. No biggie, no extra drama. But honestly? It's embarrassing having the police looking for me, so I usually just dodge the first one. By the second time, I'll take it, since it takes until the third attempt for them to actually show up at my door.

One question though: for violations that happened last year, do the statute of limitations follow the old laws? Sorry if this was already posted, I haven't scrolled through everything yet...
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#739 ·
Just so everyone's on the same page, any offenses committed before January 1st, 2008, are still governed by the old laws...
Dennis Moore8 Dennis Moore8 Newcomer
4 messages
joined Jan 2008
#740 ·
Hey everyone, I’ve got a question! This might sound a bit ridiculous, but I honestly can't stop overthinking it, so I figured I'd ask. Basically, I let some friends borrow my car, and they ended up getting pulled over by the police. Since none of them were wearing seatbelts, the cops slapped each of them with a $167 fine. Now, here is what’s eating at me: if they decide not to pay—and I’m pretty sure one of them will try to settle up, but the other one is a total flake, so who knows?—will I end up getting hit with a notice because the car is registered in my name, or does the citation actually go straight to their home addresses?

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