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Traffic violation procedures

Started by restlessdriver87 · · 👁 53 views · 1.6K replies

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Grace Turner Grace Turner Member
27 messages
joined Apr 2011
#1121 ·
Just take your paperwork down to the Municipal Court of Los Angeles, head straight to the enforcement division, and tell them what's up. You'll probably have to sign a statement agreeing to swap the fine for some community service, and then you should be all set.
Jesse James5 Jesse James5 Member
35 messages
joined Jun 2008
#1122 ·
boldhound8 said:I just got hit with the ruling from the Supreme Court regarding my appeal against that initial decision from the Split Municipal Court. There isn't a single word at the bottom about what I can actually do next...

Basically, those "big shot" judges up in the city just doubled down and confirmed I'm guilty,🙄 so now what? What's my move?
  • I'm assuming an appeal is off the table, and honestly, it probably wouldn't change a thing anyway.
  • Is there any way—and if so, how, when, and where—I can swap out those few hundred bucks for some community service? Because let me tell you, I am broke as hell.

>


You can't appeal a Supreme Court decision, which is why there aren't any instructions on further legal remedies provided at the end.
Your only options are to pay the fine or, potentially, if the amount doesn't exceed $167 perform community service instead. If you have court costs, you'll need to cover them; otherwise, if you're employed, they'll just be deducted from your income.
Frank Collins2 Frank Collins2 Newcomer
1 message
joined Aug 2008
#1123 ·
I was in a car accident back in early 2006, and I haven’t heard a single word about any legal proceedings since. I heard it's possible to check with the Misdemeanor Court to see if a case was even opened in the first place...
Now, if the case was dropped due to the statute of limitations, can I actually get official documentation for that? Could I use that to claim damages from the other driver's insurance provider under their liability policy?
To put it another way: does the other driver have to be found guilty of fault for me to collect, or is it enough that I wasn't found liable?
boldhound8 boldhound8 Regular
437 messages
joined Oct 2007
#1124 ·
Grace Turner said:Just take your paperwork down to the Municipal Court of Los Angeles, head straight to the enforcement division, and tell them what's up. You'll probably have to sign a statement agreeing to swap the fine for some community service, and then you should be all set.

Jesse James5 said:You can't appeal a Supreme Court decision, which is why there aren't any instructions on further legal remedies provided at the end.
Your only options are to pay the fine or, potentially, if the amount doesn't exceed $167 perform community service instead. If you have court costs, you'll need to cover them; otherwise, if you're employed, they'll just be deducted from your income.

Thanks, guys.
But we're talking about $233 here. So I can't even swap that for service?
$50I mean, I can definitely handle the court costs (honestly, I wouldn't mind paying them anyway, 😁)
dustycyclist7 dustycyclist7 Newcomer
1 message
joined Aug 2008
#1125 ·
Here’s a little cautionary tale for you all.

Back in 2000, I sold my car. We didn't bother with the official title transfer at the DMV; we just had the bill of sale notarized and called it a day. Fast forward to 2002: some random person—definitely not the guy I actually sold the car to—gets into a wreck in that exact same vehicle, which was uninsured and unregistered. The other driver's insurance company reaches out to me looking for insurance info on the car, trying to avoid having to sue for damages. I immediately sent them the notarized bill of sale, proving I wasn't the owner anymore, and figured the whole thing was dead and buried. After all, I hadn't heard a peep from them for years—until yesterday!! Suddenly, I get slapped with a lawsuit filed way back in 2007. They're coming after me, as the "owner," and the driver for roughly $7333 plus interest and all the legal fees and court costs. If I don't respond within 15 days, they'll claim I defaulted and start seizing my assets. It is a total stroke of LUCK that I still have that bill of sale tucked away eight years after selling the car; otherwise, I'd be in deep trouble. I’ll attach it to my response and hand it over to the court, but man, it infuriates me that I have to waste my precious time dealing with this when I'm completely innocent.

The bottom line here? It’s obvious the insurance company couldn't squeeze money out of the actual driver or the person who owned it back then (I lost track of them in '02), so they thought, "Hey, maybe this person is an easy target we can bleed dry." Who would've thought someone would actually keep a contract for that long?

I'm really hoping our legal system isn't totally broken and that they'll wrap this up quickly so I can get these money-hungry vampires off my back.

Seriously though, folks, save every single scrap of paper, every receipt, every contract... because you never know who might come knocking on your door years down the road with some nonsensical demand!!
Jesse James5 Jesse James5 Member
35 messages
joined Jun 2008
#1126 ·
boldhound8 said:Thanks, guys.
But we're talking about $233 here. So I can't even swap that for service?
$50I mean, I can definitely handle the court costs (honestly, I wouldn't mind paying them anyway, 😁)

If you're thanking me, I'm actually a woman 😉
Fines over $167 are collected forcibly by the IRS; they try to collect for six months, and once that period lapses, the process ends. If the fine hasn't been paid—or even if it's only partially settled—the court issues an order for supplemental jail time, for $233 three days..
boldhound8 boldhound8 Regular
437 messages
joined Oct 2007
#1127 ·
Jesse James5 said:If you're thanking me, I'm actually a woman 😉
Fines over $167 are collected forcibly by the IRS; they try to collect for six months, and once that period lapses, the process ends. If the fine hasn't been paid—or even if it's only partially settled—the court issues an order for supplemental jail time, for $233 three days..

Look😉
The IRS has nothing to take from me😉
What about jail👋 Is there a statute of limitations on that, or am I stuck on their list forever?😁

Thanks again😉
Jesse James5 Jesse James5 Member
35 messages
joined Jun 2008
#1128 ·
boldhound8 said:Look😉
The IRS has nothing to take from me😉
What about jail👋 Is there a statute of limitations on that, or am I stuck on their list forever?😁

Thanks again😉

If the IRS can't collect anything, they’ll still report back to the court, and the judge will issue a jail sentence regardless. You do have the right to appeal that...
The statute of limitations kicks in two years after the misdemeanor ruling becomes final, assuming the old laws still apply... (I didn't catch the exact dates)😉).
silvermaker18 silvermaker18 Newcomer
2 messages
joined Aug 2008
#1129 ·
So, here’s the situation:

About two weeks ago, I got pulled over and the police clocked my BAC at .054. I didn't sign anything on the spot, so now I'm just sitting here waiting for the court paperwork to arrive. What am I looking at? I have a completely clean record—no prior offenses or anything.

I took a look at the updated statutes, and frankly, the penalties seem absolutely draconian. We're talking $1,000 $0.00, a two-year driver's license suspension, and even potential criminal charges...

It all feels incredibly heavy-handed to me. I was wondering if anyone here has had experience dealing with these new laws? I'd love to hear about what actually happens in court and how judges are handling these cases lately.

Thanks,
boldhound8 boldhound8 Regular
437 messages
joined Oct 2007
#1130 ·
Jesse James5 said:If the IRS can't collect anything, they’ll still report back to the court, and the judge will issue a jail sentence regardless. You do have the right to appeal that...
The statute of limitations kicks in two years after the misdemeanor ruling becomes final, assuming the old laws still apply... (I didn't catch the exact dates)😉).

But look, here's the deal😢
This whole mess goes back to February 2008.
So we're talking four years, if I'm remembering right—but from what date exactly? Are we counting from this new Supreme Court ruling, or that old decision from the Misdemeanor Court?
silvermaker18 silvermaker18 Newcomer
2 messages
joined Aug 2008
#1131 ·
boldhound8 said:But look, here's the deal😢
This whole mess goes back to February 2008.
So we're talking four years, if I'm remembering right—but from what date exactly? Are we counting from this new Supreme Court ruling, or that old decision from the Misdemeanor Court?

Everything is calculated from the date the offense was actually committed.
Jesse James5 Jesse James5 Member
35 messages
joined Jun 2008
#1132 ·
silvermaker18 said:Everything is calculated from the date the offense was actually committed.


The statute of limitations for enforcing misdemeanor penalties doesn't start on the day of the act. It starts once the ruling becomes final... which in this case means we're looking at an appellate decision made during the Supreme Court session. (So, the statute of limitations plus another four years).
boldhound8 boldhound8 Regular
437 messages
joined Oct 2007
#1133 ·
Jesse James5 said:The statute of limitations for enforcing misdemeanor penalties doesn't start on the day of the act. It starts once the ruling becomes final... which in this case means we're looking at an appellate decision made during the Supreme Court session. (So, the statute of limitations plus another four years).

So basically, I get to live in constant fear until February 2nd, 2012.😁
Thanks for all the input.😘
casualcrane2 casualcrane2 Newcomer
1 message
joined Aug 2008
#1134 ·
Hey everyone! So, I just got a summons for a misdemeanor hearing at the local court, but I’ve already got some major plans on the calendar for that day. Does anyone know if it’s actually possible to get a postponement? Thanks!
Noah Mendoza53 Noah Mendoza53 Newcomer
1 message
joined Aug 2008
#1135 ·
I just got hit with a notice from the IRS saying I have to pay $100. It doesn't even say what it's actually for—just some forced collection of fines and processing fees through a third-party agency. Apparently, if I don't pay within eight days, they’re just going to garnish my wages. If I want to appeal, I supposedly have to pay the full amount upfront $17, but filing an appeal doesn't even pause the collection process. They never specify which fine this is for; I've been fighting a few different citations over the last couple of years and I've filed appeals for all of them, but I never hear anything back. Some of these should have expired by now. I guess I'm just worried about them taking a chunk out of my paycheck every month; I really can't afford that right now. Any actual advice? It's honestly unbelievable how we live in a country where if you forget to fix a headlight or something, they hunt you down like a criminal just to grab money that isn't even theirs. This government is pathetic. Every day, I lose a little more respect for it.
boldhound8 boldhound8 Regular
437 messages
joined Oct 2007
#1136 ·
casualcrane2 said:Hey everyone! So, I just got a summons for a misdemeanor hearing at the local court, but I’ve already got some major plans on the calendar for that day. Does anyone know if it’s actually possible to get a postponement? Thanks!

Yeah, you can.😉
Jesse James5 Jesse James5 Member
35 messages
joined Jun 2008
#1137 ·
Noah Mendoza53 said:I just got hit with a notice from the IRS saying I have to pay $100. It doesn't even say what it's actually for—just some forced collection of fines and processing fees through a third-party agency. Apparently, if I don't pay within eight days, they’re just going to garnish my wages. If I want to appeal, I supposedly have to pay the full amount upfront $17, but filing an appeal doesn't even pause the collection process. They never specify which fine this is for; I've been fighting a few different citations over the last couple of years and I've filed appeals for all of them, but I never hear anything back. Some of these should have expired by now. I guess I'm just worried about them taking a chunk out of my paycheck every month; I really can't afford that right now. Any actual advice? It's honestly unbelievable how we live in a country where if you forget to fix a headlight or something, they hunt you down like a criminal just to grab money that isn't even theirs. This government is pathetic. Every day, I lose a little more respect for it.


If you received a notice, go deal with the IRS directly and request to see the specific ruling or order they're using to demand payment...
Flying blind won't get you anywhere...
And heads up: the IRS has a habit of garnishing your wages if you don't pay by their deadline, taking the full amount plus $67 for all the extra administrative costs they racked up to chase you down...
stormygull22 stormygull22 Newcomer
9 messages
joined Feb 2008
#1138 ·
Thanks for the advice.
Karen Chase85 Karen Chase85 Newcomer
6 messages
joined Aug 2010
#1139 ·
silvermaker18 said:So, here’s the situation:

About two weeks ago, I got pulled over and the police clocked my BAC at .054. I didn't sign anything on the spot, so now I'm just sitting here waiting for the court paperwork to arrive. What am I looking at? I have a completely clean record—no prior offenses or anything.

I took a look at the updated statutes, and frankly, the penalties seem absolutely draconian. We're talking $1,000 $0.00, a two-year driver's license suspension, and even potential criminal charges...

It all feels incredibly heavy-handed to me. I was wondering if anyone here has had experience dealing with these new laws? I'd love to hear about what actually happens in court and how judges are handling these cases lately.

Thanks,

Where on earth did you read that? Was it in The New York Times?
rowdyseal2 rowdyseal2 Newcomer
2 messages
joined Aug 2008
#1140 ·
So, since this thread seems to be all about traffic tickets, I figured I’d throw a quick question out there for any lawyers hanging around here... basically, I got pulled over the other day for going 19 miles/h over the limit, and the fine is sitting at $167. I’ve decided I’m just not paying it, but I’m planning on getting my passport renewed soon, so I was wondering if I can actually go through with that without settling the fine first, or if the feds are gonna block the whole thing until I cough up the cash
...
thanks in advance, everyone!

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