Traffic violation procedures

So, basically, the appeal is filed with the Supreme Court of the United States, but you actually end up handing it over to the misdemeanor court first...

So here’s the deal. A few months back, I messed up and caused a wreck while drinking, smashed into some metal guardrails on a US highway, and now the Department of Transportation is coming after my insurance for the damages. The kicker? I refused the breathalyzer, so now I’m freaking out that I might have to pay for the whole damn thing out of my own pocket. Does anyone actually know how much a repair like that costs? Please, I'm losing my mind over this. Thanks.

I don't think we're talking about a massive amount of money here—it really just depends on how much damage you did to that fence.
You'll be footing the bill for the repairs yourself; insurance won't touch a claim if you were driving under the influence.
You have the right to refuse a breathalyzer (which is what you did), but legally, they'll just record it as an admission of intoxication in the police report.

urbancyclist14 said:So here’s the deal. A few months back, I messed up and caused a wreck while drinking, smashed into some metal guardrails on a US highway, and now the Department of Transportation is coming after my insurance for the damages. The kicker? I refused the breathalyzer, so now I’m freaking out that I might have to pay for the whole damn thing out of my own pocket. Does anyone actually know how much a repair like that costs? Please, I'm losing my mind over this. Thanks.

Well, nobody can really give you an exact number for the damages... you'd have to check with the DOT for that. But if you were definitely drinking, your insurance company will probably try to subrogate against you. Just keep in mind that in the US, they can go after you for up to the equivalent of 12 average net salaries, though I doubt the damage to a guardrail is going to hit that high...

Oh yeah, I’m sure the insurance company is gonna come after me for every cent. So that means I can only claw back about $20000, maybe 12 months of my average salary. It’s just a section of fence, maybe 30 feet long, but I’ve heard so many different numbers floating around that I have zero clue what things actually cost these days—are we talking thousands? Tens of thousands? Has anyone dealt with this crap before?

Oh, please! I can't believe that costs 60 $0.00 (man, I paid more than that for my own car—and it was brand new!), stop being such a pessimist. You’re better off just asking someone, because I honestly have no clue.
And how did the police even find you if you just drove into a fence? Or did you hit someone and fly into the barrier?

So, I was speeding way too much, lost control coming out of a left turn, swerved back into my lane, and ended up slamming right into a guardrail on the left side. Total disaster. The police showed up—probably just a routine patrol or someone called it in—since there weren't any other cars involved. My car? Absolutely trashed. Bent rims, shattered everything, basically a total loss. Fast forward a few months, and now the Highways department is trying to claw money back from my insurance company for the damage to the barrier. To make matters worse, my own insurance is breathing down my neck for a detailed statement. Once they realize I refused the breathalyzer—which was stupid of me because there’s no point lying when the police can pull all the data anyway, and that's clearly how the Highway folks found out about the broken guardrail—my insurance is going to come after me personally. I know I'm likely stuck with the bill, but does anyone have a clue how much this is actually going to cost me? I just got some vague letter from the insurance company that doesn't mention a single dollar amount, and let's face it, they aren't exactly known for being helpful. Between the adjusters, the repair crews, and all the extra fees, the costs are just spiraling.

I don't want to nag you, but you might actually face a DUI charge on top of everything else—that’ll bleed you dry far faster than any fence ever could. Since you refused the breathalyzer, I'm not sure how they'll handle the technicality, but trust me, the cops won't just "forget" about that.
Maybe you could try arguing the accident wasn't caused by intoxication, but rather by slick roads or bad weather, hoping to limit your liability to just the DUI and let insurance cover the damages. Honestly? I wouldn't count on it.
Technically, if an accident happens and one driver is intoxicated, they aren't "automatically" at fault. It is possible to be drunk and still have the other driver cause the crash, though in practice, the cops and judges rarely let you off the hook; usually, the drunk driver ends up taking the fall.

Man, that fence is the least of my worries right now. I already got slapped with a thousand-dollar fine from the Department of Homeland Security for breaking traffic laws that caused the whole wreck. The breathalyzer results are headed to the court system through the usual channels, so I probably won't hear anything for months. I was digging through my liability insurance policy, and it says they can deny coverage if you refuse a breathalyzer—unless you can prove the alcohol wasn't actually what caused the accident. That sounds basically impossible to me. It’s like a total Catch-22: I could claim the crash happened because I was speeding (which is on the citation), but then I'd have to tell the insurance company I wasn't drunk so they don't blame the booze for the speed... but then I'm stuck trying to prove there's no "causal link." It's a mess. Anyway, does anyone have any idea how much this could end up costing? I'm terrified the insurance company or maybe even Houston County will just come after me for everything once they realize I'm on the hook. If anyone knows roughly what kind of numbers we're looking at, please let me know.

You might want to run it by a lawyer to see if there's any way to argue that alcohol wasn't a factor in the accident.
I’m no legal expert, so I can't say for sure—but ask. There might be a loophole.
Don't expect them to hike up the damages for you. Houston County is going to collect one way or another, whether it's from you or your insurance, and I doubt you'll have much leverage over the final amount.
As for how much that actually costs... I have no clue.
Maybe someone who's been through this exact mess will see this and weigh in.

Well, since I seem to have such incredible luck in this life, I managed to stumble right onto the tracks just as the flashing lights kicked in, all while a police cruiser was idling on the other side of the road. The officer ended up suspending my driver's license and my registration on the spot, informing me that I’d be facing $333 because they're going to tack on two points to my record and pull my license next month, plus an additional $167 in fines simply because my car is rated at 77kw when the limit is supposed to be 75kw. The strange thing is, he didn't hand me any paperwork or anything whatsoever; he didn't even ask me to sign a single document before telling me that everything would just arrive in my mailbox later. As far as I am aware, isn't an officer required to provide some sort of official documentation for me to sign right then and there, or am I perhaps mistaken about how these things work?
I am also quite curious if anyone here has had similar encounters, specifically regarding whether the court actually follows through with those two points or if they'll really charge me those ridiculous $167 penalties just because my car is technically 2kw over the limit. Furthermore, if there are any younger drivers out there who have been pulled over for driving a vehicle that's slightly too powerful, I’d love to know if you were handed a citation immediately or if I just happened to run into a particularly bloodthirsty officer.

Jason Hernandez2 said:Well, since I seem to have such incredible luck in this life, I managed to stumble right onto the tracks just as the flashing lights kicked in, all while a police cruiser was idling on the other side of the road. The officer ended up suspending my driver's license and my registration on the spot, informing me that I’d be facing $333 because they're going to tack on two points to my record and pull my license next month, plus an additional $167 in fines simply because my car is rated at 77kw when the limit is supposed to be 75kw. The strange thing is, he didn't hand me any paperwork or anything whatsoever; he didn't even ask me to sign a single document before telling me that everything would just arrive in my mailbox later. As far as I am aware, isn't an officer required to provide some sort of official documentation for me to sign right then and there, or am I perhaps mistaken about how these things work?
I am also quite curious if anyone here has had similar encounters, specifically regarding whether the court actually follows through with those two points or if they'll really charge me those ridiculous $167 penalties just because my car is technically 2kw over the limit. Furthermore, if there are any younger drivers out there who have been pulled over for driving a vehicle that's slightly too powerful, I’d love to know if you were handed a citation immediately or if I just happened to run into a particularly bloodthirsty officer.

Look, the court doesn't handle your points; the highway patrol does. They probably already logged them in their system.😁

As for the 75 kW limit... honestly, they let me off the hook once when they showed up at a wreck scene where I wasn't even at fault, even though my car is sitting at 97 kW. Another time, they even let me slide with a 128😁. I guess I got lucky, even if my buddies didn't. Plenty of people get slapped with those fines...

Now, regarding the court... maybe they'll lower the fine, maybe they'll drop it entirely, maybe...

I know a guy driving a car with about 103 horsepower—not sure if he was over the limit or not—but he gets hit with a ticket every single time. He’s racked up so many points now that he’s officially losing his license.
So much for forgiveness.

Just skimmed the last ten pages, but still haven't found an answer. Sorry if I missed it...

Got hit with a speeding ticket today and I'm wondering how long until it expires? I know it used to be two years, but did they change that recently? Everyone’s been talking about it, but has an actual decision been made? Couldn't find anything online either... 🙄

And I already got screwed because they literally pulled ME out of line for speeding?!?!? How does the car in front of me get to go slower? 😲
The first time it was a taxi they let off easy, so I filed an appeal and got a warning. Today, it was two pickups, a van, a semi, and me in a sports car. We were all maybe 30 feet apart. They pull ME out of the left lane while that pickup is still cruising ahead of me in the right... Where's the logic? And how am I supposed to prove those numbers on their radar gun aren't mine? 😢

vividsailor92 said:Just skimmed the last ten pages, but still haven't found an answer. Sorry if I missed it...

Got hit with a speeding ticket today and I'm wondering how long until it expires? I know it used to be two years, but did they change that recently? Everyone’s been talking about it, but has an actual decision been made? Couldn't find anything online either... 🙄

And I already got screwed because they literally pulled ME out of line for speeding?!?!? How does the car in front of me get to go slower? 😲
The first time it was a taxi they let off easy, so I filed an appeal and got a warning. Today, it was two pickups, a van, a semi, and me in a sports car. We were all maybe 30 feet apart. They pull ME out of the left lane while that pickup is still cruising ahead of me in the right... Where's the logic? And how am I supposed to prove those numbers on their radar gun aren't mine? 😢

Pretty sure it's 4 years starting from January 1st, so don't hold your breath waiting for it to expire.😁

As for logic... yeah, that's definitely not their strong suit.😁
How to prove it? Hard as hell, but give it a shot. If the cop doesn't show up to court—which happens like 80% of the time—you might actually get lucky.

boldhound8 said:Pretty sure it's 4 years starting from January 1st, so don't hold your breath waiting for it to expire.😁

As for logic... yeah, that's definitely not their strong suit.😁
How to prove it? Hard as hell, but give it a shot. If the cop doesn't show up to court—which happens like 80% of the time—you might actually get lucky.

Last time I showed up... some kids came instead. He’s still got some energy left, I guess...

Good grief, four years??? What if I'm sick on the day of the hearing? Do they just issue a death warrant?

And if the first hearing gets pushed back because of, say, someone getting sick, how long until they schedule the second one?

vividsailor92 said:Last time I showed up... some kids came instead. He’s still got some energy left, I guess...

Good grief, four years??? What if I'm sick on the day of the hearing? Do they just issue a death warrant?

vividsailor92 said:And if the first hearing gets pushed back because of, say, someone getting sick, how long until they schedule the second one?

The first time I called the court, I told them I had classes at college. They told me it was fine and didn't need any proof.
But for the next summons three months later, they told me I had to show up because I bailed the first time, and they weren't about to mess around with me after I skipped out.

Anyway, I doubt you'll be waiting 4 years. It's been hard to make even 2
😉 pass lately.

So I guess I just have to pray a cop doesn't roll up on me...
That’s gotta be in my favor, right? But even so, four years of these tickets piling up... it's gonna be a mess.

But seriously, I wasn't even in the wrong this time. From where they were sitting, there was no way they could see what was happening 500 yards back when they caught me on camera. I was stuck behind two pickups, seventy cars deep, and once the guys in the right lane sped past, I swerved to pass them and immediately merged back left... Barely made it back into my lane before this guy starts waving his baton at me, and he actually let the first car from the right lane go!!!! Now if I try to explain that in court? Who’s actually going to believe me? 😢

Just give them 20 dollars and call it a day.