Paul Lee28
Newcomer
6 messages
joined Feb 2008
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.