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Traffic violation procedures

Started by restlessdriver87 · · 👁 87 views · 1.6K replies

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Participants restlessdriver87Brian Lopez8Keith Taylor4Gary Hernandez6Robin Rodriguez5rowdyviper3Michael Rodriguez40hollowtrucker77Joshua Williams82Jason Chavez32Eric Wood7cosmicridge5ironangler22urbanranger18Kevin White5dustyjackal68goldengull3dustyscout53William White2Rebecca Cox2fadedtrucker19Kyle Nelson2Brenda Turnercasualfox9 …
Kimberly Adams81 Kimberly Adams81 Newcomer
4 messages
joined Apr 2011
#801 ·
April 19, 2006. I got pulled over for speeding and slapped with a $167 fine plus court costs. Within eight days, I filed an appeal and turned it into the local Police Department. Since then? Total radio silence. But this morning, I found a yellow notice in my mailbox saying there's a certified letter waiting for me at the post office. At this point, what else could it be besides a summons? Does anyone know what happens if I just don't pick it up? Also, any tips on how I might be able to stall this for another couple of months?
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#802 ·
honestly, just take a second to scroll through a few pages of this thread since it’s already been around for a bit... 🙂
swiftpuma2 swiftpuma2 Newcomer
4 messages
joined Feb 2008
#803 ·
I suppose I should share my situation, though I’m skeptical about whether anyone here can actually help. Honestly, I don't even need assistance so much as I need to hear from someone who has navigated this mess before.

Basically, I ran into some trouble regarding an issue where the fine is set between 2000-$3333. I laid all my cards on the table during the hearing, but the decision came in today and they found me guilty, meaning I'm on the hook for $333.

The problem is, I simply don't have that kind of money, even if it's clear they sentenced me to less than the minimum threshold for this offense; regardless, the reality remains that my pockets are empty. Is there any point in filing an objection or an appeal? And if there is, is there anything substantive I could even say?

So, if anyone has any insight, I'd be grateful for a heads-up🙂. I only have 7 days left to file an appeal...

ps. I've scoured the entire forum, but I haven't come across a single case quite like mine...
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#804 ·
Just look into a payment plan. There’s actually been some discussion about this before...

I mean, I don't know if there's an exact match for your specific situation, but the deadlines, the appeals, filing objections, and all that legal maneuvering—it's pretty much the same stuff that applies to your case and any other misdemeanor you might run into...
swiftpuma2 swiftpuma2 Newcomer
4 messages
joined Feb 2008
#805 ·
crimsonsailor7 said:Just look into a payment plan. There’s actually been some discussion about this before...

I mean, I don't know if there's an exact match for your specific situation, but the deadlines, the appeals, filing objections, and all that legal maneuvering—it's pretty much the same stuff that applies to your case and any other misdemeanor you might run into...

I suspect everything has been covered already, but scrolling through this thread, I can't seem to find a single coherent thought amidst the five hundred fools—myself included—who don't know a thing about the law, while there are just two or three of you who actually grasp how things work. So, would you mind either repeating it or perhaps just pointing me in the right direction?
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#806 ·
Look, I’ll just lay it out for you straight—if you messed up, you gotta own it and pay the fine 😁

Just try to be a bit more careful next time so you don't end up having to 😁

The paperwork should have instructions on how to appeal the decision, so you really ought to follow those steps first... since the court isn't just going to let you slide into an installment plan automatically 😁 you're gonna have to formally request it. Usually, they're pretty reasonable about approving those requests, at least in my experience...
swiftpuma2 swiftpuma2 Newcomer
4 messages
joined Feb 2008
#807 ·
crimsonsailor7 said:Look, I’ll just lay it out for you straight—if you messed up, you gotta own it and pay the fine 😁

Just try to be a bit more careful next time so you don't end up having to 😁

The paperwork should have instructions on how to appeal the decision, so you really ought to follow those steps first... since the court isn't just going to let you slide into an installment plan automatically 😁 you're gonna have to formally request it. Usually, they're pretty reasonable about approving those requests, at least in my experience...

Man... UNICEF is pretty ruthless, whether you're actually guilty or not...
If you're guilty, then so be it. But if you're innocent? You can't prove anything because you're already branded a criminal, and you can feel that stigma sticking to your skin...

And honestly, I don't think I'll pay it, because at this point, what does it matter? Whether it's installments or all at once, I just don't have the money. Unless they refuse to let me pay in $0.33x700 installments🙄 I might as well just head to jail for three days and see what happens.

Thanks, anyway.
Susan Thomas10 Susan Thomas10 Newcomer
1 message
joined Feb 2008
#808 ·
Hey there!

A colleague of mine reached out to ask if I could help her draft an appeal for a traffic citation. She was actually driving while her license was sitting in a file at the local Police Department, which led to a fine from $1000—an amount that’s, frankly, a bit much for anyone to swallow. We really just need to see an example of what a solid appeal against a citation looks like. Any help would be much appreciated!
Susan Miller76 Susan Miller76 Newcomer
1 message
joined Feb 2008
#809 ·
So, about 8 months ago, I got pulled over and blew a 0.158% BAC—basically 1.58!
Then, 4 months later, I got into a wreck. Didn't hurt anyone, just trashed my own ride. The Police Department showed up on their own, and I had to blow again... hit a 0.237!
Two months ago, I went to court for both cases. I tried appealing the first ruling, but they shot me down. Now I'm stuck wondering if I can appeal the second one since I've only got until Thursday.
Should I try to fight that first ruling again too?
The first verdict was $1260, which meant 5 points and a 6-month license suspension!
The second verdict was $1287, giving me 7 points and another 6-month suspension because of the accident!

How many points does it actually take to lose your license for good? And do these 6-month suspensions stack together?
Is there any way at all to get the penalty reduced, like maybe keeping my license?

Also, back like a year and a half ago, I was on my scooter and blew a 0.225 😂. I already had 5 points on my record—do those old points count toward this new mess, or has it been less than two years? Plus, I have an alcohol restriction for 2 years, so I've got 2 months left on that!
And does that old restriction affect what happened now with my car, since I was technically on a motorcycle/scooter (Class M) back then?

Please, just give it to me straight. I need real help, don't laugh at me...
I know I messed up big time. 😳Thanks for the help!
Keith Nguyen7 Keith Nguyen7 Member
40 messages
joined Nov 2007
#810 ·
Even if Saint Peter himself stepped in to help you, it wouldn't matter. You're labeled a hardcore repeat offender, so honestly, do you really think any judge is going to go easy on you?
Paul Lee28 Paul Lee28 Newcomer
6 messages
joined Feb 2008
#811 ·
I've got this situation hanging over my head that I honestly thought was totally settled.

Back on October 1st, 2005, I blew a 0.07 BAC and ended up with a fine, which I really wasn't happy about. I filed my appeal within the eight-day window, so I just assumed everything was handled. Since then, nothing ever showed up at my house, and I genuinely believed that by October 1st, 2008, the whole thing would have hit the statute of limitations and been off my plate.

But then, out of nowhere, two years and five months later, I get this notice saying my appeal was denied—and it’s coming straight from the Supreme Court?!? Why on earth is this suddenly sitting with the Supreme Court? Wouldn't it make more sense for the local county court to send me something first before it gets escalated all the way up to the Supreme Court?

Long story short, they rejected my appeal, called it groundless, and upheld the original citation. My big question is: is this actually past the statute of limitations, considering I didn't receive this decision until two years and five months after the fact? Or does the clock stop because the ruling was technically signed on September 19th, 2007—just a few days shy of the expiration—even though it clearly took six months to actually reach my mailbox?😲

I even gave the Police Department a call to clarify the paperwork they sent me. They asked if the notice explicitly stated it was "enforceable," and I told them, "Yeah, absolutely," but looking closer, it actually says the decision is "final." Are those basically the same thing in legal terms? When I asked, the folks at the station just told me flat out that the statute of limitations definitely hasn't run out.

So, what's the deal? Is it expired or not? My logic was that if two years passed from the time I got the ticket to the moment I actually received some final word from the court, the whole thing should be dead and buried. I just don't want to end up paying a fine for nothing if the time has already lapsed.

Thanks in advance for any insight.
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#812 ·
Look, it’s not actually expired. I mean, if it took forever to get to you, well, life happens, right? The statute of limitations starts counting from the moment the violation actually occurred... so if they filed everything just even one single day before that clock ran out, the whole thing is still totally valid.
Paul Lee28 Paul Lee28 Newcomer
6 messages
joined Feb 2008
#813 ·
If I don't settle up within 8 days, they start forced collections. What does that actually look like in practice? Are we talking about them just sending me a bunch of stern warning letters or what?
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#814 ·
Since they basically never bother collecting those fines through any real enforcement, you eventually just get hit with a notice saying your fine is being tossed out in favor of actual jail time...
Paul Lee28 Paul Lee28 Newcomer
6 messages
joined Feb 2008
#815 ·
crimsonsailor7 said:Since they basically never bother collecting those fines through any real enforcement, you eventually just get hit with a notice saying your fine is being tossed out in favor of actual jail time...

But seriously, what does "forced collection" even mean in practice? I'm curious if anyone's actually ever seen them follow through on it.

So, according to this, I've got a six-month window because if they can't collect the money by then, my fine turns into actual prison time. But where does that leave my driver's license? Does the suspension kick in immediately, or am I just waiting for a phone call once the payment finally clears?
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#816 ·
you ever actually heard of a wage garnishment?

even if you settle up, you're still gonna get that summons from the DMV regarding your license... regardless of whether you paid the fine or not...
Paul Lee28 Paul Lee28 Newcomer
6 messages
joined Feb 2008
#817 ·
crimsonsailor7 said:you ever actually heard of a wage garnishment?

even if you settle up, you're still gonna get that summons from the DMV regarding your license... regardless of whether you paid the fine or not...


I mean, sure, but wouldn't I have to get an official notice from the IRS first saying I owe money, and then if I still don't pay, that's when they go after me with a garnishment, right?
boldhound8 boldhound8 Regular
437 messages
joined Oct 2007
#818 ·
crimsonsailor7 said:Since they basically never bother collecting those fines through any real enforcement, you eventually just get hit with a notice saying your fine is being tossed out in favor of actual jail time...

Since you brought that up...
Is there an actual expiration date on this stuff? Like, if a final court ruling was handed down on January 1st, 2007, is there a deadline by which they have to go after the money or toss you in a cell instead?
frozensurfer8 frozensurfer8 Newcomer
7 messages
joined Feb 2008
#819 ·
So, I just got caught running a red light at a mobile signal. The cop pulled me over, took my license and registration, and told me I’d be heading to court in Mobile since that’s where the violation happened—even though I actually live way up in Savannah... I was just driving back home. Is it even possible for me to get a summons? The officer didn't actually write up a formal report right there, show it to me, or ask for my signature; she was just jotting stuff down in some tiny little notebook or something... Any idea if this holds up? Thanks in advance😉
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#820 ·
could be possible...

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