Traffic violation procedures

crimsonsailor7 said:could be possible...

And what about down in Savannah? I mean, shouldn't I be heading to the court where I actually live...

Paul Lee28 said: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?

Honestly, you probably won't see anything coming from the IRS... at least in my experience working this stuff out in the real world, things just move along without much warning.

boldhound8 said: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?

Are you asking if there's a general deadline for carrying out any kind of sentence?
The absolute statute of limitations for enforcement is two years, though I'm pretty sure they actually extended that with a recent change in the law...

frozensurfer8 said:And what about down in Savannah? I mean, shouldn't I be heading to the court where I actually live...

Nah, you gotta deal with it right where the violation happened.

crimsonsailor7 said:Honestly, you probably won't see anything coming from the IRS... at least in my experience working this stuff out in the real world, things just move along without much warning.

Are you asking if there's a general deadline for carrying out any kind of sentence?
The absolute statute of limitations for enforcement is two years, though I'm pretty sure they actually extended that with a recent change in the law...

Duh.
It got extended to four years starting January 1st, if we're talking about the same thing.🤔

boldhound8 said:Duh.
It got extended to four years starting January 1st, if we're talking about the same thing.🤔

Yeah, I'm pretty sure they just doubled the limit for both expiration dates...

crimsonsailor7 said:Nah, you gotta deal with it right where the violation happened.

And how exactly are they going to force me to travel all the way down to Savannah for court? BTW, I’m studying in Miami, but my permanent address is somewhere else. Does that even matter? Can I file an appeal or some kind of formal objection? Just to be clear, I haven't signed anything, and I haven't even received any official notice about the citation yet...

Man, just go ahead and read through this thread first, because we’ve honestly covered all of this stuff a hundred times already... 😉

crimsonsailor7 said:Honestly, you probably won't see anything coming from the IRS... at least in my experience working this stuff out in the real world, things just move along without much warning.

Are you asking if there's a general deadline for carrying out any kind of sentence?
The absolute statute of limitations for enforcement is two years, though I'm pretty sure they actually extended that with a recent change in the law...

So, if the statute of limitations is two years, and they hand down a final judgment within that two-year window, does that mean the clock basically stops? Like, from there on out, it's just straight to wage garnishment or even jail time, regardless of how much time has passed since the actual violation happened?

Nah, it’s more like if the penalty or whatever measure isn't actually carried out within a specific timeframe after the ruling becomes final—like, there was a two-year window before absolute statute of limitations kicked in—then it just expires and basically nothing happens...

Hey everyone, I really need some advice from anyone who’s dealt with something like this or actually knows the legal side of things:
About 11 months ago, early in the morning, I basically grazed another car—it wasn't even a crash, just a tap where I leaned against it and the headlight housing popped out. There were four of us in my car, and since we were coming off this bumpy bridge covered in bricks, nobody even noticed at first because it was such a minor contact. No glass broke, the part just fell out. Fast forward six hours, and the cops show up at my house. They check my car, see zero damage, and then start asking if I was at a specific address earlier that morning. I told them straight up that I was, and that I probably clipped the guy parked behind me. Since the damage was tiny, the officer actually suggested I just call the owner and settle it privately—which sounds reasonable, right? So I agreed. The guy comes over, we shake on it, and I agreed to pay to have his car taken to a mechanic. That was all handled two days later, and the damage was only $117! But here’s the kicker—one of the cops says he has to log the incident, and then he demands I take a breathalyzer. It’s ridiculous because the "accident" happened six hours prior, and they literally caught me sitting at my dining table having lunch with my relatives—it was a holiday, so we were all hanging out—and we had already polished off about 0.82. Now I'm spiraling: is this going to stick in court? Because based on how this is playing out, it looks like I was driving under the influence, which is a total lie. How am I supposed to defend myself here? Should I even pick up the summons, or what should my move be? If anyone has been through this mess or knows anything about the law, please help me out!
Thanks in advance

Brian Davis5 said:Hey everyone, I really need some advice from anyone who’s dealt with something like this or actually knows the legal side of things:
About 11 months ago, early in the morning, I basically grazed another car—it wasn't even a crash, just a tap where I leaned against it and the headlight housing popped out. There were four of us in my car, and since we were coming off this bumpy bridge covered in bricks, nobody even noticed at first because it was such a minor contact. No glass broke, the part just fell out. Fast forward six hours, and the cops show up at my house. They check my car, see zero damage, and then start asking if I was at a specific address earlier that morning. I told them straight up that I was, and that I probably clipped the guy parked behind me. Since the damage was tiny, the officer actually suggested I just call the owner and settle it privately—which sounds reasonable, right? So I agreed. The guy comes over, we shake on it, and I agreed to pay to have his car taken to a mechanic. That was all handled two days later, and the damage was only $117! But here’s the kicker—one of the cops says he has to log the incident, and then he demands I take a breathalyzer. It’s ridiculous because the "accident" happened six hours prior, and they literally caught me sitting at my dining table having lunch with my relatives—it was a holiday, so we were all hanging out—and we had already polished off about 0.82. Now I'm spiraling: is this going to stick in court? Because based on how this is playing out, it looks like I was driving under the influence, which is a total lie. How am I supposed to defend myself here? Should I even pick up the summons, or what should my move be? If anyone has been through this mess or knows anything about the law, please help me out!
Thanks in advance

If that's just the first summons, don't answer it. It'll push everything back at least four months.
Once the second notice comes, or if they actually come to get you, demand a confrontation with the officers... that'll buy you at least another four months.
If you still can't get it dismissed by then, explain exactly what happened during that confrontation—how you had been drinking six hours after the actual incident. If the officer tells a different story, just calmly mention that he had discreetly suggested that for $67 you could make the whole thing go away 😈 , but you weren't willing to agree to that.

analogwolf2 said:If that's just the first summons, don't answer it. It'll push everything back at least four months.
Once the second notice comes, or if they actually come to get you, demand a confrontation with the officers... that'll buy you at least another four months.
If you still can't get it dismissed by then, explain exactly what happened during that confrontation—how you had been drinking six hours after the actual incident. If the officer tells a different story, just calmly mention that he had discreetly suggested that for $67 you could make the whole thing go away 😈 , but you weren't willing to agree to that.

Thank You, but even the police report clearly states the breathalyzer test happened six hours later.

Brian Davis5 said:Hey everyone, I really need some advice from anyone who’s dealt with something like this or actually knows the legal side of things:
About 11 months ago, early in the morning, I basically grazed another car—it wasn't even a crash, just a tap where I leaned against it and the headlight housing popped out. There were four of us in my car, and since we were coming off this bumpy bridge covered in bricks, nobody even noticed at first because it was such a minor contact. No glass broke, the part just fell out. Fast forward six hours, and the cops show up at my house. They check my car, see zero damage, and then start asking if I was at a specific address earlier that morning. I told them straight up that I was, and that I probably clipped the guy parked behind me. Since the damage was tiny, the officer actually suggested I just call the owner and settle it privately—which sounds reasonable, right? So I agreed. The guy comes over, we shake on it, and I agreed to pay to have his car taken to a mechanic. That was all handled two days later, and the damage was only $117! But here’s the kicker—one of the cops says he has to log the incident, and then he demands I take a breathalyzer. It’s ridiculous because the "accident" happened six hours prior, and they literally caught me sitting at my dining table having lunch with my relatives—it was a holiday, so we were all hanging out—and we had already polished off about 0.82. Now I'm spiraling: is this going to stick in court? Because based on how this is playing out, it looks like I was driving under the influence, which is a total lie. How am I supposed to defend myself here? Should I even pick up the summons, or what should my move be? If anyone has been through this mess or knows anything about the law, please help me out!
Thanks in advance

Look, you're just going to tell all of this in court... they can't penalize you like they caught you behind the wheel with that much alcohol in your system. There's really no point in dragging this out, the statute of limitations is four years anyway, and honestly, they don't have a leg to stand on against you...

analogwolf2 said:If that's just the first summons, don't answer it. It'll push everything back at least four months.
Once the second notice comes, or if they actually come to get you, demand a confrontation with the officers... that'll buy you at least another four months.
If you still can't get it dismissed by then, explain exactly what happened during that confrontation—how you had been drinking six hours after the actual incident. If the officer tells a different story, just calmly mention that he had discreetly suggested that for $67 you could make the whole thing go away 😈 , but you weren't willing to agree to that.

man, I really hope this isn't actually meant to be helpful advice... 😁

crimsonsailor7 said:Look, you're just going to tell all of this in court... they can't penalize you like they caught you behind the wheel with that much alcohol in your system. There's really no point in dragging this out, the statute of limitations is four years anyway, and honestly, they don't have a leg to stand on against you...

The incident happened 11 months ago, so the statute of limitations isn't until 2 years from now.

And what kind of

I hope that wasn't meant as genuine advice.😁

Tice;
what kind of conclusion are you supposed to draw from:
Quote:However,

one of the police officers says he has to log it and is demanding I blow, even though he knows the violation happened 6 hours ago and he found me sitting at my kitchen table eating dinner.

Look, it’s really not your call to be making those kinds of conclusions...

I'm trying to figure out when the statute of limitations kicks in for me—is it still based on that old law where it happens after two years?
Also, does it even matter if I waited six hours to blow? I could've easily had two drinks and been totally sober by then.
One of the cops was already heading back to his cruiser because we’d basically settled things regarding the fix and since there was barely any property damage $117, but then the other guy just went out of his way to write me up! It's like that saying: "Don't try to help someone, just screw them over instead!" haha

The way things used to go, you’d be looking at a straight two-year sentence, no questions asked...

Brian Davis5 said:I'm trying to figure out when the statute of limitations kicks in for me—is it still based on that old law where it happens after two years?
Also, does it even matter if I waited six hours to blow? I could've easily had two drinks and been totally sober by then.
One of the cops was already heading back to his cruiser because we’d basically settled things regarding the fix and since there was barely any property damage $117, but then the other guy just went out of his way to write me up! It's like that saying: "Don't try to help someone, just screw them over instead!" haha

Any offenses committed before December 31, 2007, are governed by the old statutes, regardless of whether the report was filed with the municipal court at 12:02 AM on January 1, 2008.

As for those officers working in pairs... hahaha... let me tell you a story. A car hit me in a crosswalk, the ambulance rushed me off, and the local police held the scene until the traffic investigators arrived. The traffic unit conducted their investigation without me being present because I was stuck in trauma care over at the hospital... those very same investigators showed up at the hospital two hours later, just as I was emerging from my recovery, bandaged up and hobbling down the hallway. There they were: two guys, one rookie and one seasoned veteran. They sat me down while the kid just stood there watching, and the veteran started scribbling my statement into a little notepad. Then, he actually suggests I have a smoke, looking utterly baffled when my breathalyzer comes back at a perfect 0.00000. He tells me, "The gentleman said you were yelling at him!" (Please, I’ll just laugh and thank him for picking me up 🙄). I gave the young guy a subtle tilt of my head—just enough to make him wonder if the waiting room floor had been properly sanitized... the kid looked away, and the veteran tells me they’re filing reports against the driver for hitting me AND against me for running a red light... which I DID NOT do! He just shrugged and said, "Well, that’s for the court to decide," then pulls a scrap of paper out of his notepad, hands me his cell number, and says, "Once you've recovered a bit, give me a call so we can grab coffee somewhere in town." 🙂

Regardless of how it plays out, if you accept the summons to court and they throw anything at you that isn't just a warning and $33 court costs, you should demand a confrontation with BOTH officers who were on the scene. Either you'll manage to push it into the statute of limitations (because those bureaucrats almost never show up), or you'll get the chance to ask why they bothered testing my breath six hours later—basically when I'd be sitting at home having dinner—and why one officer insisted on the whole ordeal while the other was busy daydreaming on the job. 😉👍

So, here’s the situation—my neighbor was backing out of his parking spot and slammed right into a car registered in my name, which actually belongs to my girlfriend. He is clearly at fault here, but there is a bit of a catch: her driver's license has expired. We already filled out a standard accident report and sent it over to his insurance provider, Euroherz. My main concern is, are they still legally obligated to cover the repairs, and can they come after her because of the expired license? Since she wasn't the one driving recklessly, I'm assuming the only real issue is that I might have to report her for the expired permit. Or am I overthinking this?

Thanks