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Traffic violation procedures

Started by restlessdriver87 · · 👁 52 views · 1.6K replies

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fadedcrane46 fadedcrane46 Newcomer
1 message
joined Sep 2008
#1181 ·
So, basically, I got pulled over coming back from outside doing about 62 miles/h in a 44 miles/h zone, and the fine is looking to be around $333 just because I didn't have my $100 on me
.
I don't really have the time to scroll through all the old threads here, so if someone could give me the TL;DR—is there any chance I can get out of this, or at least get the fine lowered? Here’s the deal:
-I've never even had a ticket before (honestly, this is the first time I've even been stopped by a cop)
-I know, I know, it was a residential area, but the road conditions were totally fine: no pedestrians, three lanes, perfectly flat terrain, whatever...
-I'm just a college student who’s never seen that much cash sitting in a pile (if that even matters)

Anyway, if there's any kind soul out there who knows what's up...
Lawrence King572 Lawrence King572 Member
21 messages
joined Jan 2008
#1182 ·
So, I’m venting a little here. Last night, I was searched by the police in a local park and ended up being arrested with a few grams of marijuana. They hauled me down to the station, and after two hours of giving statements and signing whatever paperwork they put in front of me, they let me go. What does this actually mean? Am I looking at a court summons? Should I be looking for an attorney, or is it even possible to defend myself? Furthermore, is there any chance of avoiding a fine altogether? And just how steep are the fines for marijuana possession per gram in this country? Thanks.
Lawrence King572 Lawrence King572 Member
21 messages
joined Jan 2008
#1183 ·
I have no money 🙂
Jason Hernandez2 Jason Hernandez2 Newcomer
7 messages
joined Jan 2010
#1184 ·
If my driver's license has been suspended from August 29th through September 29th, does that imply I am legally permitted to get behind the wheel on the 29th itself, or should I continue to refrain?
Timothy Ward76 Timothy Ward76 Newcomer
2 messages
joined Sep 2008
#1185 ·
To put it bluntly, I had a bit of a mishap with a joint and misread my court date. Now I’m sitting at home feeling pretty foolish, sipping coffee and realizing I missed the hearing three days ago...

What I really need to know is:
- What does this mistake actually imply for my case? Am I going to run into serious trouble?
- Since the summons mentioned the hearing could proceed without me, does that mean I’ll automatically be hit with the fine suggested by $1667, which I honestly can't afford right now? Also, is there any room to appeal the ruling, and if so, what are my actual chances?
- Will I receive a new notice, or is the police going to show up at my door at 5:00 AM to take me in? Is it possible to reach out to someone, apologize, and just turn myself in voluntarily so I don't look like a fugitive in front of my neighbors?
- Should I expect the judge to hand down the maximum penalty during the next scheduled hearing because of this?
Benjamin Wilson7 Benjamin Wilson7 Member
15 messages
joined Oct 2008
#1186 ·
The judge thinks you're just playing silent games. But you’re pointing out that your summons clearly states they can hold the hearing even if you don't show up.
Look, nobody is coming to pick you up. They'll just mail the decision straight to your house, and then it's up to you whether you want to file an appeal or not.

The judge is definitely prioritizing efficiency here—basically, get it done fast and move on. And since you won't be there to explain the circumstances, you might find the fine ends up being a bit steeper than expected.
Timothy Ward76 Timothy Ward76 Newcomer
2 messages
joined Sep 2008
#1187 ·
Benjamin Wilson7 said:The judge thinks you're just playing silent games. But you’re pointing out that your summons clearly states they can hold the hearing even if you don't show up.
Look, nobody is coming to pick you up. They'll just mail the decision straight to your house, and then it's up to you whether you want to file an appeal or not.

The judge is definitely prioritizing efficiency here—basically, get it done fast and move on. And since you won't be there to explain the circumstances, you might find the fine ends up being a bit steeper than expected.

Actually, the notice says my presence is only required if I'm needed for the sentencing. Whether or not they actually need me is the part I can't predict.

What happens if they do decide they need me?
jadeorca42 jadeorca42 Active Member
84 messages
joined Oct 2011
#1188 ·
So, I’ve got a bit of a situation regarding traffic violations and statutes of limitations that I wanted to run by everyone.
Back on June 11, 2006, I committed a violation—well, actually two—and I ended up appealing the citation through the VPS.
Then, a few days ago, a process server shows up at my door with two envelopes. One contains a decision from the VPS dated April 16, 2008, which basically overturns the initial citation and sends the whole matter back to the municipal court. The other envelope is just a summons from the police telling me to show up at the station and bring my driver's license with me—no explanation, no context, nothing. I called the Highway Patrol to see what was going on, and they told me they’re suspending my license for three months because of those old violations. But here’s the thing: I never received a single notice for a municipal court hearing, let alone any ruling stating my license was being taken away. When I asked them what legal basis they were using to suspend my license, they claimed there was a Municipal Court ruling from September 15th. Now, I’m wondering... shouldn't the statute of limitations have kicked in after two years (by June 11, 2008)? Or am I missing something?
Should I actually hand over my license before I get a chance to see that actual court ruling? I tried digging for information about this supposed decision, but honestly, they just gave me the runaround—nobody could tell me which specific ruling they were even talking about. To top it off, the clerk was being incredibly condescending, basically telling me that the existence of the ruling doesn't change the fact that I have to comply. I had to remind them that under the Traffic Safety Act, I have a right to see that document, and I have the right to appeal if that's even an option.
rustybison8 rustybison8 Newcomer
1 message
joined Sep 2008
#1189 ·
I just found a "citation" tucked under my windshield wiper from the Highway Patrol at $167. Apparently, they think I was parked illegally. Honestly, how can they even prove I was the one behind the wheel if there’s no signature on this thing? Should I actually just pay up? And more importantly... what kind of headache am I looking at if I decide to ignore it?
Rachel Lee4 Rachel Lee4 Newcomer
2 messages
joined Sep 2008
#1190 ·
Parking near the arena by MIT, in the yellow zone! Since when did they start charging there again?

It was like this before—they put an meter in there a while back and started collecting fees until the employees from the nearby companies basically staged a revolt.
The meter is still there, but everyone knows you're supposed to be able to park there for free.

Anyway, I parked there today, looked around, and didn't see a single car with a permit. And of course, I get slapped with a ticket.

Now I’m wondering if anyone actually knows how their system works (even though I can tell I'm going to have to pay this shady holding company), because it makes no sense to charge people sporadically like this.

If I had known they were enforcing it, I would've just paid for an hour or two. It's not like I ever forget to pay or rush past; I actually intended to pay today, but then I remembered the whole "you don't have to pay here" thing, so I just parked without paying.
It's probably some shady holding company playing games with people since the lot is always packed, yet nobody has a ticket and there aren't even any pedestrians around—meanwhile, the lot right in front of MIT is half empty with plenty of walkers.

Give me some advice other than "just pay it," though honestly, I'll probably end up paying this crap I've been avoiding forever.
Serves me right. 😁
Benjamin Wilson7 Benjamin Wilson7 Member
15 messages
joined Oct 2008
#1191 ·
jadeorca42 said:So, I’ve got a bit of a situation regarding traffic violations and statutes of limitations that I wanted to run by everyone.
Back on June 11, 2006, I committed a violation—well, actually two—and I ended up appealing the citation through the VPS.
Then, a few days ago, a process server shows up at my door with two envelopes. One contains a decision from the VPS dated April 16, 2008, which basically overturns the initial citation and sends the whole matter back to the municipal court. The other envelope is just a summons from the police telling me to show up at the station and bring my driver's license with me—no explanation, no context, nothing. I called the Highway Patrol to see what was going on, and they told me they’re suspending my license for three months because of those old violations. But here’s the thing: I never received a single notice for a municipal court hearing, let alone any ruling stating my license was being taken away. When I asked them what legal basis they were using to suspend my license, they claimed there was a Municipal Court ruling from September 15th. Now, I’m wondering... shouldn't the statute of limitations have kicked in after two years (by June 11, 2008)? Or am I missing something?
Should I actually hand over my license before I get a chance to see that actual court ruling? I tried digging for information about this supposed decision, but honestly, they just gave me the runaround—nobody could tell me which specific ruling they were even talking about. To top it off, the clerk was being incredibly condescending, basically telling me that the existence of the ruling doesn't change the fact that I have to comply. I had to remind them that under the Traffic Safety Act, I have a right to see that document, and I have the right to appeal if that's even an option.

-In your case, the absolute statute of limitations would have been June 30, 2008 (counting to the end of the month), provided there wasn't a final judgment already in place.
The High-pressure solution becomes final the day it's issued and can't be appealed, especially since it overturned the first one.
-They can't take anything from you without a final, binding judgment.
jadeorca42 jadeorca42 Active Member
84 messages
joined Oct 2011
#1192 ·
Benjamin Wilson7 said:-In your case, the absolute statute of limitations would have been June 30, 2008 (counting to the end of the month), provided there wasn't a final judgment already in place.
The High-pressure solution becomes final the day it's issued and can't be appealed, especially since it overturned the first one.
-They can't take anything from you without a final, binding judgment.


The officers at the police station are telling me the statute of limitations doesn't apply if the proceedings were ongoing. But how am I supposed to know if they actually were?

Can the police just decide to revoke a driver's license on their own, or does that have to go through a Municipal Court? Because if we're talking about a court matter, I never received any summons—let alone an actual decision.
When I called the Highway Patrol, they kept referencing some order from September 15th, but they wouldn't clarify if it came from the court or somewhere else...

I went down to the station two days ago with this notice, trying to figure out what was going on and which specific decision they're using to pull my license. The officer actually asked me where my license was (which, strategically, I forgot at home). She told me to bring it in so she could explain everything. I mean, the notice itself lists my license number... the whole thing feels a bit off to me. It wouldn't be the first time I've seen the police bend the rules a little...
jadeorca42 jadeorca42 Active Member
84 messages
joined Oct 2011
#1193 ·
I’ve heard people say you can just write up some kind of formal statement and send it straight to the Highway Patrol—basically telling them you never actually received any notice from the Municipal Court, just to try and justify the situation. I guess... does that even make sense?
Do you think they'll slash the fine if I didn't hand over my license for inspection within that 8-day window?
Benjamin Wilson7 Benjamin Wilson7 Member
15 messages
joined Oct 2008
#1194 ·
jadeorca42 said:I’ve heard people say you can just write up some kind of formal statement and send it straight to the Highway Patrol—basically telling them you never actually received any notice from the Municipal Court, just to try and justify the situation. I guess... does that even make sense?
Do you think they'll slash the fine if I didn't hand over my license for inspection within that 8-day window?

Look, let's break it down like this:
1. Based on a request from the police, the court issued you a citation and slapped you with a fine without even holding a hearing or letting you defend yourself—which is totally legal since it was triggered by a police request.
2. You filed an appeal within the deadline.
3. The VPS accepted your appeal and overturned the initial citation.
4. At this point, you and the police are the two opposing parties in a legal proceeding, so there's really no point in trying to negotiate with them directly.
5. Until there is a final, binding ruling in the case, you and the police are effectively "opponents."
Since you are opposing parties, they can't just come after you to take away your license.
rustyowl6 rustyowl6 Newcomer
1 message
joined Oct 2008
#1195 ·
My neighbors decided to report my nephew for supposedly disturbing the peace and violating local ordinances, though their claims were completely baseless. The police actually showed up, investigated the situation, and confirmed that nothing out of the ordinary had happened. After looking into it, the officers informed us that since there was no actual violation, the matter wouldn't even be heading to Municipal Court, and that was the end of it. I’m just wondering, does a frivolous complaint like this still remain on the official police record, or is it wiped clean once they realize it’s nonsense?
Keith Nguyen7 Keith Nguyen7 Member
40 messages
joined Nov 2007
#1196 ·
If it doesn't go before a judge and they don't actually find him guilty, it never hits any official records.
The cops just keep it on file in case he pulls some other crap later so they have a "history" to look at, but they aren't allowed to leak that info anywhere else. Basically, as far as the rest of the world is concerned, if there’s no charge or conviction, he hasn't broken any laws.
PS. Seriously though, start reporting those absolute creeps for stuff like animal cruelty or whatever! 🙂
slyeagle13 slyeagle13 Member
17 messages
joined May 2008
#1197 ·
Man, I can't believe I actually got hit with such a stupid fine a month ago.
Driving back from a birthday party around 12:30 AM coming from Canada, the Highway Patrol pulls me over. Everything seems totally fine until the officer goes, "You realize you aren't 23 yet, so you shouldn't be behind the wheel after 11:00 PM?"
What a joke...
Basically, according to this ridiculous Law, if you're under 23, you aren't allowed to drive past 11:00 PM unless you have a passenger who is at least 23 and has a valid license.

EDIT:
The fine >> 31 miles was basically just $67 him
.
darkraven17 darkraven17 Newcomer
8 messages
joined Sep 2008
#1198 ·
Hey everyone!
I see this thread is already 47 pages deep, so I figured I’d just jump in and ask: does anyone know where I can find a template for contesting a traffic citation? I got slapped with a ticket claiming I violated Section 45, Paragraph 1. Here’s the deal: I hit a car that pulled illegally into my street from the left side of the road, right where there's a solid white line. In my opinion, that guy is 100% at fault, not me. We called the Highway Patrol because this "victim" guy was acting like such a jerk, basically telling me it was my fault because I "wasn't looking back" (I was actually backing into a spot). Anyway, the officer wrote me up on the scene, and I signed it. I asked what the paperwork actually said, and they were just like, "Oh, just what you told us." So I signed, thinking it was fine since I knew I wasn't in the wrong. It wasn't until I got the bills—one for the violation sent to $333 and another one for some fees to $33—that I realized I was screwed. Once I got home and actually read the paperwork, it clearly states I'm the one at fault and my fine is $333. This is my first accident ever, so I honestly didn't know what I was supposed to be looking for or reading. Please don't laugh at me for sounding so naive.
I could really use some advice or opinions on how to handle an appeal, if anyone even bothers to read this long-winded post...

P.S. That guy ended up getting $167 in fines, and now he’s threatening to sue me for repair costs (he said he’d be calling me). All he has is a tiny dent, maybe 10 square cm, on the front passenger side above the wheel. His headlights are perfectly fine.

Thanks in advance, you guys!
Benjamin Wilson7 Benjamin Wilson7 Member
15 messages
joined Oct 2008
#1199 ·
A citation issued by the Municipal Court has to include specific instructions regarding the right to appeal. It needs to state exactly who to contact, how to file the appeal, and the deadline for doing so. It also has to warn you that if you miss that window, the citation becomes final—meaning the fine will be forcibly collected or replaced by community service or jail time, strictly according to the Law. Plus, the notice will remind you that if you’re found guilty, you'll be responsible for covering the legal costs of the proceedings.

(1) Whether it's the defendant, their attorney, a corporate representative, or an authorized agent, anyone can file an appeal with the issuing agency within eight days of receiving the citation. And don't worry—if the appeal is filed on time, it stays the execution of the fine while things are being sorted out.
(4) Your appeal just needs to clearly identify which citation you're contesting, along with your address and signature. You actually don't need to provide a detailed explanation in the appeal itself. However, if you're requesting to present any evidence, you definitely have to explain why those proofs are necessary.

Honestly, it would've been the same deal even if you hadn't signed it, so don't sweat the small stuff. Just get moving on that appeal process.

Once an appeal is filed against a citation, the issuing agency voids the original ticket. After the review is complete, they'll issue a formal decision. In these cases, the agency can't just slap you with another quick citation; instead, the court has to hold a formal hearing, or the administrative body must follow the full procedure mandated by the Law.

p.s. were all four of your brake lights actually working when you were reversing?
darkraven17 darkraven17 Newcomer
8 messages
joined Sep 2008
#1200 ·
Benjamin Wilson7 said:A citation issued by the Municipal Court has to include specific instructions regarding the right to appeal. It needs to state exactly who to contact, how to file the appeal, and the deadline for doing so. It also has to warn you that if you miss that window, the citation becomes final—meaning the fine will be forcibly collected or replaced by community service or jail time, strictly according to the Law. Plus, the notice will remind you that if you’re found guilty, you'll be responsible for covering the legal costs of the proceedings.

(1) Whether it's the defendant, their attorney, a corporate representative, or an authorized agent, anyone can file an appeal with the issuing agency within eight days of receiving the citation. And don't worry—if the appeal is filed on time, it stays the execution of the fine while things are being sorted out.
(4) Your appeal just needs to clearly identify which citation you're contesting, along with your address and signature. You actually don't need to provide a detailed explanation in the appeal itself. However, if you're requesting to present any evidence, you definitely have to explain why those proofs are necessary.

Honestly, it would've been the same deal even if you hadn't signed it, so don't sweat the small stuff. Just get moving on that appeal process.

Once an appeal is filed against a citation, the issuing agency voids the original ticket. After the review is complete, they'll issue a formal decision. In these cases, the agency can't just slap you with another quick citation; instead, the court has to hold a formal hearing, or the administrative body must follow the full procedure mandated by the Law.

p.s. were all four of your brake lights actually working when you were reversing?

Oh right, I just realized—you don't actually file an appeal on the citation itself. You have to lodge a formal protest through this forum instead...
The accident happened three days ago, but I’m already heading out tomorrow to file my appeal against this citation.
Benjamin Wilson7 said:A citation issued by the Municipal Court has to include specific instructions regarding the right to appeal. It needs to state exactly who to contact, how to file the appeal, and the deadline for doing so. It also has to warn you that if you miss that window, the citation becomes final—meaning the fine will be forcibly collected or replaced by community service or jail time, strictly according to the Law. Plus, the notice will remind you that if you’re found guilty, you'll be responsible for covering the legal costs of the proceedings.

(1) Whether it's the defendant, their attorney, a corporate representative, or an authorized agent, anyone can file an appeal with the issuing agency within eight days of receiving the citation. And don't worry—if the appeal is filed on time, it stays the execution of the fine while things are being sorted out.
(4) Your appeal just needs to clearly identify which citation you're contesting, along with your address and signature. You actually don't need to provide a detailed explanation in the appeal itself. However, if you're requesting to present any evidence, you definitely have to explain why those proofs are necessary.

Honestly, it would've been the same deal even if you hadn't signed it, so don't sweat the small stuff. Just get moving on that appeal process.

Once an appeal is filed against a citation, the issuing agency voids the original ticket. After the review is complete, they'll issue a formal decision. In these cases, the agency can't just slap you with another quick citation; instead, the court has to hold a formal hearing, or the administrative body must follow the full procedure mandated by the Law.

p.s. were all four of your brake lights actually working when you were reversing?

So, let me get this straight—I don't actually have to justify myself in the appeal? I don't need to list out all the specific sections of the Traffic Safety Act that prove the other driver was in the wrong? I went through the entire Law and found five different clauses that pin the blame on him. He shouldn't have even been in that position if he’d just bothered to follow the basic rules, signs, and markings. They're trying to pin it on me based on one single point, but honestly, he's the one who messed up. I let every vehicle move through properly, following every rule in the book. I definitely wasn't expecting this guy to just dive into my blind spot like that.

Benjamin Wilson7 said:A citation issued by the Municipal Court has to include specific instructions regarding the right to appeal. It needs to state exactly who to contact, how to file the appeal, and the deadline for doing so. It also has to warn you that if you miss that window, the citation becomes final—meaning the fine will be forcibly collected or replaced by community service or jail time, strictly according to the Law. Plus, the notice will remind you that if you’re found guilty, you'll be responsible for covering the legal costs of the proceedings.

(1) Whether it's the defendant, their attorney, a corporate representative, or an authorized agent, anyone can file an appeal with the issuing agency within eight days of receiving the citation. And don't worry—if the appeal is filed on time, it stays the execution of the fine while things are being sorted out.
(4) Your appeal just needs to clearly identify which citation you're contesting, along with your address and signature. You actually don't need to provide a detailed explanation in the appeal itself. However, if you're requesting to present any evidence, you definitely have to explain why those proofs are necessary.

Honestly, it would've been the same deal even if you hadn't signed it, so don't sweat the small stuff. Just get moving on that appeal process.

Once an appeal is filed against a citation, the issuing agency voids the original ticket. After the review is complete, they'll issue a formal decision. In these cases, the agency can't just slap you with another quick citation; instead, the court has to hold a formal hearing, or the administrative body must follow the full procedure mandated by the Law.

p.s. were all four of your brake lights actually working when you were reversing?

I don't get what this sentence is trying to say. 😕🤷 Where? In the appeal? Isn't it already stated above what goes into an appeal? What kind of suggestion? Can someone give me an actual example?

So, the signing is done... finally. But like I said at the start, after scrolling through half this forum, I’ve realized it doesn't really matter if I sign or not. Honestly? It feels like the cops didn't even bother to look at the actual facts on the scene. Since his statement carries more weight than mine, I'm actually more terrified of the cops than the guy driving the other car.

Benjamin Wilson7 said:A citation issued by the Municipal Court has to include specific instructions regarding the right to appeal. It needs to state exactly who to contact, how to file the appeal, and the deadline for doing so. It also has to warn you that if you miss that window, the citation becomes final—meaning the fine will be forcibly collected or replaced by community service or jail time, strictly according to the Law. Plus, the notice will remind you that if you’re found guilty, you'll be responsible for covering the legal costs of the proceedings.

(1) Whether it's the defendant, their attorney, a corporate representative, or an authorized agent, anyone can file an appeal with the issuing agency within eight days of receiving the citation. And don't worry—if the appeal is filed on time, it stays the execution of the fine while things are being sorted out.
(4) Your appeal just needs to clearly identify which citation you're contesting, along with your address and signature. You actually don't need to provide a detailed explanation in the appeal itself. However, if you're requesting to present any evidence, you definitely have to explain why those proofs are necessary.

Honestly, it would've been the same deal even if you hadn't signed it, so don't sweat the small stuff. Just get moving on that appeal process.

Once an appeal is filed against a citation, the issuing agency voids the original ticket. After the review is complete, they'll issue a formal decision. In these cases, the agency can't just slap you with another quick citation; instead, the court has to hold a formal hearing, or the administrative body must follow the full procedure mandated by the Law.

p.s. were all four of your brake lights actually working when you were reversing?

Of course, I always have my hazard lights on whenever I'm backing up. I even tell my boyfriend he needs to flip them on every single time he's reversing on a street or pulling out of a parking spot.☕

Hoping for a quick reply because I'm planning on filing an appeal first thing tomorrow morning!
Thanks a million!🙏

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