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Traffic violation procedures

Started by restlessdriver87 · · 👁 81 views · 1.6K replies

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Participants restlessdriver87Brian Lopez8Keith Taylor4Gary Hernandez6Robin Rodriguez5rowdyviper3Michael Rodriguez40hollowtrucker77Joshua Williams82Jason Chavez32Eric Wood7cosmicridge5ironangler22urbanranger18Kevin White5dustyjackal68goldengull3dustyscout53William White2Rebecca Cox2fadedtrucker19Kyle Nelson2Brenda Turnercasualfox9 …
Chris Fowler73 Chris Fowler73 Newcomer
1 message
joined May 2008
#981 ·
velvettiger10 said:Just let it go and have some peace. 😁

The real issue here is that he doesn't even live in this country, so nothing sticks anyway. 😉

Honey, listen, that’s not an issue—that was actually your golden ticket out of this whole mess. All you had to do was drop his info, and trust me, Americans don't care about us any more than we care about them unless there's some legal drama involved or something...
placidowl24 placidowl24 Member
11 messages
joined Nov 2007
#982 ·
I can't believe this...

They actually deducted a fine from my tax refund, even though the legal proceedings are still ongoing!!!

Is that even allowed?

Has anyone dealt with something like this before? I'd appreciate a few words on how this works.

Thanks

😢
Steven Reed Steven Reed Regular
354 messages
joined Dec 2014
#983 ·
Just for my own information—what’s the standard fine for parking on a sidewalk these days?
So, I mentioned previously that the city tow truck snatched my car over in Brooklyn because they were clearing the streets for the Yankees-Red Sox game. They slapped me with a bill at $167, which I contested. Well, yesterday I received a lovely response from the police stating that while I don't have to pay the towing fee, they'll be sending over a citation for the sidewalk parking 😠
Roughly how much are we talking about here?????
Steven Kim84 Steven Kim84 Member
14 messages
joined Apr 2013
#984 ·
$100, per the US vehicle code, specifically section 78, subsections 1 and 3,
boldhound8 boldhound8 Regular
437 messages
joined Oct 2007
#985 ·
Steven Reed said:Just for my own information—what’s the standard fine for parking on a sidewalk these days?
So, I mentioned previously that the city tow truck snatched my car over in Brooklyn because they were clearing the streets for the Yankees-Red Sox game. They slapped me with a bill at $167, which I contested. Well, yesterday I received a lovely response from the police stating that while I don't have to pay the towing fee, they'll be sending over a citation for the sidewalk parking 😠
Roughly how much are we talking about here?????

Wait, I don't get this at all.
Usually, the police just "void" a parking ticket if it's your only one in a year (that used to be the rule, anyway—I don't know what their system is now since they change the rules every five minutes). But you definitely still have to pay the tow truck, because you're paying for their actual labor.

It makes zero sense to me how it could be the other way around. So, what, the tow truck is just giving you free rides around town now?
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#986 ·
mr. ex, she’s already got a whole thread dedicated to that topic, so there’s really no need to go over it all again here...
boldhound8 boldhound8 Regular
437 messages
joined Oct 2007
#987 ·
crimsonsailor7 said:mr. ex, she’s already got a whole thread dedicated to that topic, so there’s really no need to go over it all again here...

And how am I supposed to know that?😁 Like I’m out here following her every single move!😁
And who on earth would care if it was already posted somewhere else?😁

Whatever... just delete it if you want.😉
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#988 ·
and you don't even need to know, that's why I'm telling you 😉

her thread is locked, and besides, this is the right spot to ask about misdemeanors anyway...
Steven Reed Steven Reed Regular
354 messages
joined Dec 2014
#989 ·
That was about spider costs—this is about violations 🤷 😍
In any case, thanks Steven Kim84 😉
Patrick Davis13 Patrick Davis13 Newcomer
5 messages
joined Apr 2008
#990 ·
Sorry if I'm double-posting here, I just have one quick question and I wasn't really sure where to drop it since so many threads seem to be locked lately. I just need to know this!!
If I committed a traffic violation—to be more specific, I was in a fender bender yesterday, May 31st—does the old law still apply to me? Or does the new one kick in starting today, June 1st? Some people are saying it doesn't even take effect until June 15th.
Thanks for any help guys!
Betty Harris7 Betty Harris7 Newcomer
6 messages
joined Mar 2008
#991 ·
So, about a year or two back, I accidentally bumped into someone else's car in a parking lot. It wasn't much damage, maybe $33 just a scratch or something, but the guy was being super difficult and wouldn't just settle up with me, so we ended up having to call the police.

I had my hearing at the 🙂 a few months ago, and then a couple of days ago, this fine finally showed up in my mailbox. At the bottom, it says I have the right to appeal to the Supreme Court of the United States through this specific court (some local District Court, I don't think the city matters much here).

I guess I'm wondering... what should I actually put as the title on my appeal if I'm handing it over to the District Court, even though it's technically headed to the Supreme Court of the United States?

Also, does this whole thing fall under the old laws? Since the accident happened before the new ones were passed, I'm wondering if that means I might only have about a month left before Zastaara kicks in.
Dennis Moore8 Dennis Moore8 Newcomer
4 messages
joined Jan 2008
#992 ·
So, here’s the deal: about two months ago, I bumped into a car in a parking lot and just drove off. Naturally, the police showed up at my door the very next day, and sure enough, they filed a Misdemeanor Complaint. I’m expecting a summons to court any day now, and since this is my first time ever dealing with the legal system, I’m feeling pretty lost. What am I even supposed to say to get them to go easy on me? The officer mentioned the fine would be around $333, but he didn't say a single word about points on my license or losing my driving privileges. Is it actually possible for a judge to decide to slap me with points or take away my license anyway? Honestly, I have no clue how to carry myself in court—what do I say, or how do I even defend myself when I know perfectly well I'm at fault? Please, if anyone has any advice, I’d really appreciate it... thanks in advance!
Steven Kim84 Steven Kim84 Member
14 messages
joined Apr 2013
#993 ·
@ Betty Harris7 - They’re sticking to the current law here. The statute of limitations kicks in if the court fails to hand down a final judgment within two years of the offense being committed. Don't bother looking for a specific title; just look up some examples of appeals online—you'll find plenty. Just keep in mind that the window to file an appeal should be about 8 days.

@ Dennis Moore8 - Copy-pasting from the U.S. Vehicle Code here:

Section 177.
(5) A driver shall be subject to a fine of at least $333 for failing to provide identification to another party involved in a traffic accident, or to the owner of a damaged vehicle or property, and leaving the scene of the accident. Additionally, a minimum three-month driver's license suspension and three points will be added to their record.


If I were the judge sitting on this case, I wouldn't give you any breathing room—I'd slap you with that penalty immediately. If the police hadn't tracked you down, that other person would have been stuck footing the bill for your stupidity. You could have just gone through insurance and settled everything smoothly without needing the cops or dealing with these kinds of fines.
Dennis Moore8 Dennis Moore8 Newcomer
4 messages
joined Jan 2008
#994 ·
Steven Kim84 said:@ Betty Harris7 - They’re sticking to the current law here. The statute of limitations kicks in if the court fails to hand down a final judgment within two years of the offense being committed. Don't bother looking for a specific title; just look up some examples of appeals online—you'll find plenty. Just keep in mind that the window to file an appeal should be about 8 days.

@ Dennis Moore8 - Copy-pasting from the U.S. Vehicle Code here:

Section 177.
(5) A driver shall be subject to a fine of at least $333 for failing to provide identification to another party involved in a traffic accident, or to the owner of a damaged vehicle or property, and leaving the scene of the accident. Additionally, a minimum three-month driver's license suspension and three points will be added to their record.


If I were the judge sitting on this case, I wouldn't give you any breathing room—I'd slap you with that penalty immediately. If the police hadn't tracked you down, that other person would have been stuck footing the bill for your stupidity. You could have just gone through insurance and settled everything smoothly without needing the cops or dealing with these kinds of fines.

1. It was raining, 1 AM, on a Saturday. That means even if I had identified whose car it was, I bet they would have called the cops immediately, and the penalty would have been even harsher considering potential blood alcohol levels, which haven't been established yet.
2. The officers who knocked on my door the next day seemed reasonable enough, and they told me I was looking at a fine of $333, but they didn't mention anything about losing my license. Now... why is that?
3. Should I consult with an attorney?
Dennis Moore8 Dennis Moore8 Newcomer
4 messages
joined Jan 2008
#995 ·
And hey, can I actually tell the judge that I provided all my info, but they just couldn't track it down because of some rainstorm—even if I didn't mention a word about that to the cops at the scene?
Henry Alvarez78 Henry Alvarez78 Newcomer
8 messages
joined Jun 2008
#996 ·
So, I just got hit with a notice from the police today—apparently, back on November 27th at some random hour, a camera caught my car cruising down 49 miles/h in a 30 mph zone. Look, I’m not even trying to argue if I was speeding or not, but we’re talking about six and a half months later... seriously? Who even remembers what they were doing half a year ago? Plus, now I have to turn in driver info for whoever was behind the wheel. Honestly, it probably wasn't even me—more likely one of my sons—but whatever. Anyway, what’s the move here? Does anyone know if it’s better to just pay the fine and laugh it off, or should I file an objection and make things difficult? And, just thinking out loud, if I decide not to pay, what kind of community service actually counts as "useful" work? (To be clear: I don't want to pay if I don't have to, especially since I wasn't the one driving, and I can't exactly expect my boys to cough up the cash since they're full-time students... though I do want them to face the music legally). Any lawyers out there have advice on how to draft an objection, or is it better to just head straight to the District Court? 🤷
David Chase David Chase Newcomer
1 message
joined Jun 2008
#997 ·
Back in November 2007, I found myself behind the wheel and—naturally—accidentally drove the wrong way down a one-way street 🙄. I pulled over right in the middle of the road to attempt a U-turn when, as luck would have it, the police pulled up directly behind me. I stepped out of the vehicle, handed over my driver's license and registration, and then endured about thirty minutes of absolute nonsense; they were essentially flirting with me, making comments along the lines of, "Well, what are we going to do with you? Such a pretty girl, blah blah blah." Eventually, they scribbled some details into a little notepad and let me go. I didn't sign anything, and they didn't bother asking for a breathalyzer or anything of the sort.
What I am wondering now is whether there is any possibility of a fine actually showing up in my mail?
Thanks! 🙂
Steven Kim84 Steven Kim84 Member
14 messages
joined Apr 2013
#998 ·
David Chase said:Back in November 2007, I found myself behind the wheel and—naturally—accidentally drove the wrong way down a one-way street 🙄. I pulled over right in the middle of the road to attempt a U-turn when, as luck would have it, the police pulled up directly behind me. I stepped out of the vehicle, handed over my driver's license and registration, and then endured about thirty minutes of absolute nonsense; they were essentially flirting with me, making comments along the lines of, "Well, what are we going to do with you? Such a pretty girl, blah blah blah." Eventually, they scribbled some details into a little notepad and let me go. I didn't sign anything, and they didn't bother asking for a breathalyzer or anything of the sort.
What I am wondering now is whether there is any possibility of a fine actually showing up in my mail?
Thanks! 🙂

If nothing has shown up by now, I seriously doubt it. But since cops can be such bottom-of-the-barrel scum sometimes, there’s always a slim possibility, though I wouldn't hold my breath.

@ Dennis Moore8 - if nobody got hurt, you don't even need to call the police. Just leave your phone number if you can't find the owner, head over to your insurance company together (since you're the one at fault), fill out a standard accident report, and that's it. Your insurance covers his repairs and you're done with the whole mess.
Matthew Jackson2 Matthew Jackson2 Active Member
146 messages
joined Jan 2016
#999 ·
I’ve been chewing on a few questions regarding traffic citations lately. According to the law, an officer is supposed to identify themselves and present their badge before exercising any official authority, provided the circumstances don't make that impossible.

So, here is what I am wondering: if an officer pulls me over and fails to show their badge, yet demands my driver's license, am I legally obligated to hand it over? Furthermore, if I comply and they end up issuing me a citation despite never having identified themselves properly, does that fine even hold water in court?

On a second note—and this one feels a bit more invasive—imagine a scenario where an officer spots a violation, but the driver doesn't even see them coming. The driver pulls into a private driveway, parks, kills the engine, and walks toward the front door. Then, suddenly, the officer calls out from the street, accusing them of not wearing a seatbelt, failing to have their lights on, or perhaps not wearing a helmet if they were on a motorcycle, and proceeds to issue a ticket. Is that actually legitimate conduct? Given that the officer never actually pulled the driver over, that the vehicle and the individual were on private property, and that the distance involved makes the officer's observation highly questionable, isn't this essentially just acting on unconfirmed suspicion without ever performing a proper stop?

And thirdly, there is the matter of those citations being mailed directly to a home address without any face-to-face interaction. These notices often show up several days later, leaving the driver wondering where they even were, let alone whether a violation actually occurred. Even if there were witnesses present at the time, by the time the mail arrives, memories have faded. Doesn't this practice fundamentally infringe upon a person's constitutional right to defend themselves against police accusations?
David Smith4 David Smith4 Newcomer
9 messages
joined Feb 2008
#1000 ·
Another thing—say an officer spots a violation, but the driver doesn't even realize there's a cop around. They pull into a private driveway, park, turn off the engine, and head toward the front door... only to have the officer call them back out to the street to say they weren't wearing a seatbelt, or their headlights were off, or they weren't wearing a helmet on a motorcycle, and then issue a fine. Is that actually how things are supposed to work? Since the officer didn't technically pull the driver over, and since the vehicle and driver were on private property—meaning the officer had to be at a distance—isn't their observation a bit questionable? And if they didn't stop the driver while the violation was happening, couldn't this just be based on unconfirmed suspicion?

Well, here in the States, if there’s reasonable suspicion or actual evidence that someone is on private property trying to hide behind that excuse, an officer gets the authority to enter and proceed with questioning the person or inspecting the property. As for whether the officer's observation is "questionable"—not really, at least not from my perspective—because if we started doubting every observation, there wouldn't be much difference between a police officer and some guy on the street making random claims, right? And yeah, regarding that first point, I'm pretty sure they don't actually have to pull you over in the moment. They can follow you, watch what happens, and then hit you with the ticket once you finally come to a stop. I've actually dealt with that personally with the police here in America. Honestly, I don't have anything against it.

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