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Traffic violation procedures

Started by restlessdriver87 · · 👁 37 views · 1.6K replies

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Participants restlessdriver87Brian Lopez8Keith Taylor4Gary Hernandez6Robin Rodriguez5rowdyviper3Michael Rodriguez40hollowtrucker77Joshua Williams82Jason Chavez32Eric Wood7cosmicridge5ironangler22urbanranger18Kevin White5dustyjackal68goldengull3dustyscout53William White2Rebecca Cox2fadedtrucker19Kyle Nelson2Brenda Turnercasualfox9 …
Brenda Kim86 Brenda Kim86 Newcomer
3 messages
joined Jan 2009
#1341 ·
Hey, since nobody seems to be answering the question above, I guess maybe someone could send me a template for what a formal complaint should actually look like?
Brenda Kim86 Brenda Kim86 Newcomer
3 messages
joined Jan 2009
#1342 ·
Anyone there?

Come on guys, just a little help! I think I only have about 8 days left before my deadline to file an appeal hits!
Roger Long Roger Long Newcomer
1 message
joined Jan 2009
#1343 ·
Hey everyone, hope you're all doing alright.

I’ve got a question for anyone who actually understands how this legal bureaucracy works—because, frankly, I’m lost. Today, the local police showed up at my door again with sirens blaring 😲.

Back in September 2006, I was involved in a minor fender bender—just my fault, nothing too dramatic, just a simple traffic mishap.
The court ruling became final in November 2006, and I was slapped with a fine. Since then, I haven't received any official mail or anything from the DOJ, but the police have been sniffing around looking for me a few times. Once November 2008 rolled around, I thought I was finally in the clear—you know, since that two-year statute of limitations for collecting fines usually kicks in—but today they showed up again, making some pretty heavy claims. They were basically telling me, "The statute of limitations doesn't apply here because an arrest warrant has already been issued; once we ID you, we’re taking you straight to jail." 🤷.

Since I’ve basically been playing a long game of hide-and-seek with this judge—who apparently issued a warrant back when I refused to show up for a court date in 2006—I can't wrap my head around the logic. Is there actually any legal ground for this? Should I just bite the bullet, pay the damn fine, and get this whole mess off my back?
To make matters weirder, the police actually checked my ID randomly in town a while back, and everything seemed totally fine—no mention of a warrant or anything.
Brandon Hill44 Brandon Hill44 Newcomer
1 message
joined Jan 2009
#1344 ·
Hey everyone, I’ve run into a bit of a mess here and I could really use some insight or advice from anyone who’s dealt with this before... Basically, I was driving along and reached a spot where there isn't a marked crosswalk, just those pedestrian underpasses. I was sticking strictly to the speed limit when this guy decided to dart across the street right in front of me. He slammed into my car—hit the passenger side door specifically—and completely smashed my side mirror. The police showed up and filed a report, which officially clears me of any fault whatsoever. The damage to my car is looking like it'll be around $1333, but I only carry basic liability insurance. So, besides filing a civil lawsuit against the reckless pedestrian, do I have any other options for getting my damages covered? Who should I actually be targeting for this?
Michael Collins64 Michael Collins64 Newcomer
3 messages
joined Feb 2009
#1345 ·
Nancy Wright25 said:Hey everyone, I could really use some guidance here—I just received a ruling from the District Court this morning regarding a traffic violation from about two months ago. Essentially, the notice states that I’ve been hit with a fine of $667 and, to make matters worse, my driver's license is being suspended for three months. What are my actual options at this stage? I desperately need my license back😢—has anyone dealt with this recently under the updated Highway Traffic Safety Act? For context, this is my very first offense.

Same thing happened to me, except I was cited on the spot—$500 fine and a three-month suspension for running a red light.

They didn't take my license right then and there.

The truth is, I actually went through a yellow light.

Does anyone know where to file an appeal? It’s being handled by the DOJ, but the citation says:

.......you have the right to contest this before the local municipal court within 8 days of receiving or being served the citation. The appeal should be submitted through this FBI office....

So,

Do I go directly to the municipal court to file my appeal citing the FBI, or do I submit it through the FBI office itself?

Thanks for any help.
Michael Collins64 Michael Collins64 Newcomer
3 messages
joined Feb 2009
#1346 ·
Brenda Kim86 said:Hey, since nobody seems to be answering the question above, I guess maybe someone could send me a template for what a formal complaint should actually look like?


U.S. Code Title 28

Section 193.

(1) An appeal must include:
1. identification of the judgment being appealed,
2. the grounds for challenging the judgment,
3. a detailed explanation of the appeal,
4. a request to vacate or overturn the judgment in whole or in part,
5. the full name and signature of the appellant.
(2) The court will dismiss any appeal where the specific judgment or the identity of the appellant cannot be determined.
(3) If an appeal lacks a signature, the appellant will be notified to sign it within 8 days; failure to comply results in dismissal.
(4) Any appeal missing other information required by paragraph 1 will still be considered by the court.
(5) New facts or evidence may only be presented if they did not exist during the initial proceedings or if the appellant had no way of knowing about them at that time.
Michael Collins64 Michael Collins64 Newcomer
3 messages
joined Feb 2009
#1347 ·
Michael Collins64 said:Same thing happened to me, except I was cited on the spot—$500 fine and a three-month suspension for running a red light.

They didn't take my license right then and there.

The truth is, I actually went through a yellow light.

Does anyone know where to file an appeal? It’s being handled by the DOJ, but the citation says:

.......you have the right to contest this before the local municipal court within 8 days of receiving or being served the citation. The appeal should be submitted through this FBI office....

So,

Do I go directly to the municipal court to file my appeal citing the FBI, or do I submit it through the FBI office itself?

Thanks for any help.

If this helps anyone out, you submit it to the Democratic Party office listed on the citation or order.

Mine just shows a general heading in the top left, but the stamp at the bottom specifies the 1st Democratic Party precinct.

There you go.
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#1348 ·
They hand you over to the Democratic Party, but then they just end up dragging you straight to the Supreme Court 🙂
Matthew Sanchez79 Matthew Sanchez79 Newcomer
3 messages
joined Feb 2009
#1349 ·
Ugh, okay, so here’s the deal. It’s been like two years since I got slapped with a speeding ticket. I actually contested it—basically filed an appeal because it felt like the statute of limitations should have kicked in by now—but then out of nowhere today, I get this official notice saying I’m guilty. And get this: they ruled against me just four days before the deadline passed! Talk about bad timing. Plus, they took three whole months to even mail me the decision. Total joke, right? I don't see any way to appeal this anymore, but I’m staring at this paper wondering... what now? Am I stuck paying this? To make matters even more annoying, they added $50 for "court costs" on the notice, but the actual payment slip says $110. Is there anyone out there who knows if there’s any way around this or if I'm just screwed?
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#1350 ·
You don't have any more options for an appeal at this point, so honestly, all that's left is to just pay the fine...
Matthew Sanchez79 Matthew Sanchez79 Newcomer
3 messages
joined Feb 2009
#1351 ·
So, they didn't even give me a deadline for when I actually have to cough up the money for this fine, and honestly, what happens if I just... don't? Now that they've stripped my points and all I'm left with is the actual fine $167 do I have any ground to stand on to ask about swapping this out for some kind of community service?
casualowl63 casualowl63 Newcomer
5 messages
joined Feb 2009
#1352 ·
Hey there. What's up?

Alright, let me lay this whole situation out for you so everyone's on the same page.

So, I just got pulled over by the police, and things went south fast. I don't even have my driver's license yet—I’m actually right in the middle of the process to get it—but the real kicker is that I blew a .096 on the breathalyzer. I was totally wasted. Honestly, I didn't cause any trouble or anything beyond the drinking itself; I just sat there, buckled up, and stayed put once they caught me. Now I'm just sitting here thinking about how much this is going to suck.

So, here’s what’s actually eating at me now. The cop who pulled me over—and honestly, I have to give him credit because he was being as professional and respectful as you can expect in a situation like this—he told me straight up that I'm looking at a driver's license suspension. He mentioned they’re likely going to push for a three-month ban.
So, I’m sitting here thinking about my own situation since I’ve got my big exam coming up in about three weeks, and it really gets me wondering—if things go south, does that ban on testing kick in immediately, or am I safe until I actually get the official paperwork back from the court?

From what I could gather, the guy seemed to think I’d be able to pass my test just fine, but that I’d end up getting hit with some kind of temporary driving ban down the road.

I was also wondering, though—what kind of fine am I actually looking at here? Any idea what the damage might be?
Thanks in advance.
hollowtrucker77 hollowtrucker77 Regular
681 messages
joined Nov 2007
#1353 ·
Personally, I don't see any reason why they shouldn't hit them with at least a three-year ban on driving or even retaking the test, not to mention a minimum $1667 fine
.
goldenpilot2 goldenpilot2 Newcomer
4 messages
joined Nov 2011
#1354 ·
Driving without a license and blowing a .08 BAC... nice job, buddy. I guess we can all wonder what kind of trouble you'll stir up once you actually GET your license back.
Honestly, I'm not even sure how to answer that question. You passed the test, got the license, and immediately handed it over to the Department of Justice for "safekeeping"... congrats. There aren't many people like you in America.

As for the topic—you'll pass the exam just fine. You'll probably get your license issued normally, too. But give it maybe four or five or six months, and you'll likely find a process server at your door.
Grace Turner Grace Turner Member
27 messages
joined Apr 2011
#1355 ·
Matthew Sanchez79 said:Ugh, okay, so here’s the deal. It’s been like two years since I got slapped with a speeding ticket. I actually contested it—basically filed an appeal because it felt like the statute of limitations should have kicked in by now—but then out of nowhere today, I get this official notice saying I’m guilty. And get this: they ruled against me just four days before the deadline passed! Talk about bad timing. Plus, they took three whole months to even mail me the decision. Total joke, right? I don't see any way to appeal this anymore, but I’m staring at this paper wondering... what now? Am I stuck paying this? To make matters even more annoying, they added $50 for "court costs" on the notice, but the actual payment slip says $110. Is there anyone out there who knows if there’s any way around this or if I'm just screwed?


It feels like the Supreme Court has basically made it standard practice to backdate rulings. They settle things after the statute of limitations has already passed, then just fudge the dates to make it look like they decided while everything was still legal—then they take three months to actually send the paperwork. It's a pattern. Happens way more often than you'd think. Unbelievable.
casualowl63 casualowl63 Newcomer
5 messages
joined Feb 2009
#1356 ·
goldenpilot2 said:Driving without a license and blowing a .08 BAC... nice job, buddy. I guess we can all wonder what kind of trouble you'll stir up once you actually GET your license back.
Honestly, I'm not even sure how to answer that question. You passed the test, got the license, and immediately handed it over to the Department of Justice for "safekeeping"... congrats. There aren't many people like you in America.

As for the topic—you'll pass the exam just fine. You'll probably get your license issued normally, too. But give it maybe four or five or six months, and you'll likely find a process server at your door.


That’s exactly what I was trying to figure out. It isn't that I'm worried about handing over my license once I actually pass; I can live with that. My real headache is that if this goes south, I lose all the money I already sank into the classes and fees since everything's been paid upfront.
Matthew Sanchez79 Matthew Sanchez79 Newcomer
3 messages
joined Feb 2009
#1357 ·
Grace Turner said:It feels like the Supreme Court has basically made it standard practice to backdate rulings. They settle things after the statute of limitations has already passed, then just fudge the dates to make it look like they decided while everything was still legal—then they take three months to actually send the paperwork. It's a pattern. Happens way more often than you'd think. Unbelievable.

Ugh, yeah, exactly... that’s what I was most terrified of. Honestly, I was bracing myself to get screwed over because I'd heard rumors that's exactly how they play it. But seriously, screw a system like that! What is even the point of having a statute of limitations if they can just hand you the verdict whenever they feel like it and slap an old date on it to make it look legal? It makes the whole thing feel rigged.
So, does this mean I'm stuck paying it?
boldhound8 boldhound8 Regular
437 messages
joined Oct 2007
#1358 ·
casualowl63 said:That’s exactly what I was trying to figure out. It isn't that I'm worried about handing over my license once I actually pass; I can live with that. My real headache is that if this goes south, I lose all the money I already sank into the classes and fees since everything's been paid upfront.

They won't even take it from you, man.😁
Instead, they’re just gonna let you keep it, but they'll slap a massive ban right on there in the notes section saying you're prohibited from driving until some far-off date...

Use your head, btw😉
casualowl63 casualowl63 Newcomer
5 messages
joined Feb 2009
#1359 ·
So you're telling me they just snatch her up before I even get a ruling on the misdemeanor? Like, seriously, what kind of logic is that? wtf
boldhound8 boldhound8 Regular
437 messages
joined Oct 2007
#1360 ·
casualowl63 said:So you're telling me they just snatch her up before I even get a ruling on the misdemeanor? Like, seriously, what kind of logic is that? wtf

You’re gonna get it fast... a buddy of mine was dealing with the exact same thing just a few days ago.😉 They totally fast-tracked the whole procedure once those new laws and amendments kicked in. Honestly, it’s better for you if you just get it over with ASAP, before the statute of limitations runs out.😁

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