CheckEmoji Community · the emoji forum
🏠 Home 🆕 What's new ❓ Unanswered 🔥 Popular 📡 RSS Members 👥 0 online log in · register
Home › Society › Law › Criminal and Misdemeanor Law › Traffic violation procedures

Traffic violation procedures

Started by restlessdriver87 · · 👁 30 views · 1.6K replies

📡 Subscribe to replies

Participants restlessdriver87Brian Lopez8Keith Taylor4Gary Hernandez6Robin Rodriguez5rowdyviper3Michael Rodriguez40hollowtrucker77Joshua Williams82Jason Chavez32Eric Wood7cosmicridge5ironangler22urbanranger18Kevin White5dustyjackal68goldengull3dustyscout53William White2Rebecca Cox2fadedtrucker19Kyle Nelson2Brenda Turnercasualfox9 …
Amanda Grant6 Amanda Grant6 Newcomer
1 message
joined Mar 2009
#1421 ·
So, about a month ago, I get this blue envelope in the mail—a parking ticket. The kicker? This supposed violation supposedly happened back in July of last year, while I was actually out on vacation at the coast. There wasn't even a notice left on my car or anything, so seeing this fine for $167 just pop up out of nowhere totally blindsided me... Anyway, I filed an appeal, and now I’ve been served a court summons for the exact town where I was spending my summer break?? Since that place is a solid 186 miles away from where I actually live, I'm kind of spiraling here... what's the move?
Should I just send in a written defense? And seriously, is a cop actually allowed to just skip leaving a physical notice on the car and let the fine hit my mailbox months later??
Also, if anyone has a solid template or an example of how to write up a formal written defense, please drop it here—I've been scouring this forum and coming up empty-handed.

Thanks in advance!
Charles Barrett3 Charles Barrett3 Newcomer
1 message
joined Mar 2009
#1422 ·
I can't find a straight answer anywhere, so here it is:
I know the "experts" are going to jump in and claim that jail sentences don't expire—but I’m already dealing with an old traffic violation.$233Since I didn't pay up, they handed down a three-day jail sentence. Later, I got a notice about the statute of limitations on that sentence, but that was ages ago.
So, how does the clock actually work? Does the period start from the date of the offense, when the judgment becomes final, or once the decision for the jail sentence is finalized? This falls under some old legal code.
Second thing—I have another case pending where the absolute statute of limitations hits in two months. If they manage to wrap it up before then, but I refuse to accept the notice, am I still covered by the absolute statute of limitations? My take is yes—any ruling, just like any other official document, shouldn't be considered valid until it's actually served.
Nathan Rodriguez3 Nathan Rodriguez3 Newcomer
8 messages
joined Mar 2009
#1423 ·
I lent my car to my cousin from Germany, who was visiting Washington, D.C., and had it for three days.
Well, now that I'm cleaning out the car, I found a parking ticket from the local city parking authority sitting in the glove box. It’s issued to my car, and the timing lines up perfectly with when my cousin was behind the wheel. Long story short, I talked to him, and he totally forgot to mention he found it under the wiper and just tucked it away in the compartment.

Question—does the fine fall on the vehicle itself (?!), the registered owner, or the actual driver who parked it at that specific moment?

Just so you know, there’s no name on the slip, and it isn't even addressed to anyone.

Is this basically the same thing as when a highway speed camera catches you driving too fast, and then you get a notice in the mail demanding you identify who was actually operating the vehicle at that time so they can pin the blame on them?
I mean, that sounds somewhat reasonable coming from the Department of Homeland Security, but this stuff from the local parking crew? Not so much!🙂
hollowtrucker77 hollowtrucker77 Regular
681 messages
joined Nov 2007
#1424 ·
Why wouldn't I??
The car was parked illegally, not the owner.
Just imagine if someone actually died—would you even be able to prove you weren't the one behind the wheel?
Nathan Rodriguez3 Nathan Rodriguez3 Newcomer
8 messages
joined Mar 2009
#1425 ·
hollowtrucker77 said:Why wouldn't I??
The car was parked illegally, not the owner.
Just imagine if someone actually died—would you even be able to prove you weren't the one behind the wheel?

I don't really get what you're getting at. Just have the car sent to some processing center or the IRS to pay the fine.
It’s pretty funny how if the driver doesn't pay, someone else (the owner) gets stuck with it. Great system.
If the car is "guilty" just because it was parked wrong, I might go out to my garage tonight and yell at it so hard its oil leaks out of fear.
But then again, I’m worried the Department of Motor Vehicles or some random consumer watchdog group might come after me... yadda yadda.

HELLO, stupid government—stupid laws.

As for proving things, everything can be proven. Right?
hollowtrucker77 hollowtrucker77 Regular
681 messages
joined Nov 2007
#1426 ·
Look, if you’re actually telling me that’s the case, then go ahead and file a formal complaint and prove you weren't the one behind the wheel
😉
It’s really not that complicated, honestly; you just show them the notarized power of attorney you handed over to your brother for those specific dates
Adam Wilson Adam Wilson Newcomer
2 messages
joined Mar 2009
#1427 ·
I’m seeing a ton of conflicting info online, but I wanted to ask if anyone actually knows what the fine is for speeding in a 30-31 miles mph zone?
boldhound8 boldhound8 Regular
437 messages
joined Oct 2007
#1428 ·
Adam Wilson said:I’m seeing a ton of conflicting info online, but I wanted to ask if anyone actually knows what the fine is for speeding in a 30-31 miles mph zone?

Yeah, because I'm sure the Department of Homeland Security website has four different versions of the truth.😁 If you're gonna make us Google stuff for you, at least don't drive us crazy while we're doing it.🙂 Anyway:
Section 53.

(1) On a residential street, a driver cannot exceed 31 miles mph, or go faster than whatever the posted speed limit sign says for that area or section.
(2) As an exception to Section 1, on streets where the infrastructure allows it (like having pedestrian underpasses, extra turn lanes, or signalized intersections), signs can permit speeds higher than 31 miles mph, up to a maximum of 50 miles mph.
(3) A driver caught going more than 31 miles mph over the limit or the posted speed in a residential area will face a fine between $5,000.00 and $5000 or up to 60 days in jail.
(4) A fine of $667 applies to drivers exceeding the limit or posted speed by more than 30 to 31 miles mph.
(5) A fine of $333 applies to drivers exceeding the limit or posted speed by more than 20 to 19 miles mph.
(6) A fine of $167 applies to drivers exceeding the limit or posted speed by more than 10 to 12 miles mph.
(7) A fine of $100 applies to drivers exceeding the limit or posted speed by up to 6.2 miles mph.
Bradley Martin2 Bradley Martin2 Newcomer
1 message
joined Mar 2009
#1429 ·
Hey everyone, I’m new here, so bear with me if I mess something up. I have a question. I just received a ruling stating I haven't paid my fine, but I actually did. Here’s the deal: I was sent four payment slips totaling $1283, but the actual fine is only $1617. Basically, they missed one of my payments, and now, a year later, I’ve been told I’m facing 17 days in jail because they claim nothing was paid. Can I appeal this to avoid paying another thousand bucks? Or should I just take this straight to a judge and demand to see that fourth receipt? I need advice immediately.
Adam Wilson Adam Wilson Newcomer
2 messages
joined Mar 2009
#1430 ·
boldhound8 said:Yeah, because I'm sure the Department of Homeland Security website has four different versions of the truth.😁 If you're gonna make us Google stuff for you, at least don't drive us crazy while we're doing it.🙂 Anyway:
Section 53.

(1) On a residential street, a driver cannot exceed 31 miles mph, or go faster than whatever the posted speed limit sign says for that area or section.
(2) As an exception to Section 1, on streets where the infrastructure allows it (like having pedestrian underpasses, extra turn lanes, or signalized intersections), signs can permit speeds higher than 31 miles mph, up to a maximum of 50 miles mph.
(3) A driver caught going more than 31 miles mph over the limit or the posted speed in a residential area will face a fine between $5,000.00 and $5000 or up to 60 days in jail.
(4) A fine of $667 applies to drivers exceeding the limit or posted speed by more than 30 to 31 miles mph.
(5) A fine of $333 applies to drivers exceeding the limit or posted speed by more than 20 to 19 miles mph.
(6) A fine of $167 applies to drivers exceeding the limit or posted speed by more than 10 to 12 miles mph.
(7) A fine of $100 applies to drivers exceeding the limit or posted speed by up to 6.2 miles mph.

Give me a break, you're absolutely right... clearly you're too busy to even glance at the official DHS site... I wonder if the evidence in court is just a blurry photo of a dashcam since there were two other cars in my frame, so now I'm doubting myself—I have a feeling I wasn't actually speeding that fast.
Nathan Rodriguez3 Nathan Rodriguez3 Newcomer
8 messages
joined Mar 2009
#1431 ·
hollowtrucker77 said:Look, if you’re actually telling me that’s the case, then go ahead and file a formal complaint and prove you weren't the one behind the wheel
😉
It’s really not that complicated, honestly; you just show them the notarized power of attorney you handed over to your brother for those specific dates

Nah, I’ll just show them my papers proving I was away at training in Gašinac for a NATO drill working with US infantry... I guess I have about 50 witnesses I can call.

And they can just mail the ticket to my brother in Germany; I'll give them his info.
Only problem is, the US doesn't have jurisdiction over offenses committed outside our borders.

So?
silentpilot6 silentpilot6 Regular
295 messages
joined Sep 2004
#1432 ·
Hello,

I have a quick question.
The police pulled me over this morning because I allegedly failed to yield to a pedestrian in a crosswalk... but the thing is, the pedestrian wasn't even in the crosswalk yet; they were walking toward it. By the time I cleared the 😁 intersection, they were probably still about two meters away from the actual crossing.
To get straight to the point... the officer gave me a citation, and honestly, I'm not really looking to pay $167. But my question isn't actually about that. A colleague told me that if you haven't had a single traffic violation in the last year (which is true for me), I could potentially go down to the station and they might just "let me off with a warning." In other words, I wouldn't have to pay anything; they'd just issue a formal reprimand instead. 🤷
Does that actually hold any water? Or... I'm worried that if I show up at the station, I'll just end up looking foolish. 🤣

Thanks in advance
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#1433 ·
I mean, what if those aren't even the rules laid out in the stickied thread... 🙄 and honestly, the mods really ought to be following them too, you know 😉
copperharbor47 copperharbor47 Member
18 messages
joined Jan 2008
#1434 ·
So, I just picked up this notice from the mail... basically says some police officer decided that back on January 3rd, 2009, around 10 in the morning at this specific address, I committed a traffic violation under Article 53, Section 1 of the Traffic Safety Act... blah blah blah...

Long story short, they’re claiming they caught me speeding somewhere. But get this—they didn't provide a single shred of proof. No actual photo, no recorded speed, nothing. And since they didn't pull me over at the time, they’re just demanding I hand over info on whoever was actually behind the wheel when I let them take my car out.

Is this really how things work? Like, shouldn't there be an actual photo attached to the letter or some kind of solid evidence proving I was even there at that exact time and place?
Brenda Ross47 Brenda Ross47 Member
43 messages
joined Feb 2018
#1435 ·
casualowl63 said: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.

Should've been tied up nice and tight... heheheh...
Man, a driving ban is the least of your worries...
Article 216 of the Traffic Safety Act...
A fine in the amount of... $5,000.00... $5000 ...or maybe even up to 60 days behind bars.Driving without a license is a misdemeanor under the Traffic Safety Act... just a heads up.
Article 199.
A fine ranging from $1,000.00 up to... $667 If a driver or an instructor shows up with anything between 0.50 and 1.00 g/kg—or whatever that translates to in breathalyzer milligrams per liter—they’re both getting hit under the Misdemeanor Act...

Article 288...

If someone gets hit with a driving ban before they even have their license, the suspension doesn't actually kick in until they finally get that permit in hand... just a heads up.

Plus, you're looking at 3 points for each violation... so that's 6 points total...👍👍
neonnomad9 neonnomad9 Newcomer
1 message
joined Mar 2009
#1436 ·
So, my appeal was denied, and now I’m staring at a court order demanding I pay a fine of $233.
The thing is, the judgment doesn't specify where to send the money or even provide a deadline. When the officer pulled me over, he didn't hand me any payment slip or anything similar.
Does anyone have experience with this? Will a bill eventually show up in my mailbox, or am I just left hanging? Please, if anyone knows, let me know—I really don't want to end up behind bars just because of some administrative oversight regarding a three-day 🙂 window.
Aaron Adams6 Aaron Adams6 Newcomer
3 messages
joined Mar 2009
#1437 ·
I got hit with a DUI, and the fine is massive. I’m wondering if there’s any way to dodge paying it entirely. Look, I’m not looking for sympathy because I know I messed up, but I’m a college student living on zero income right now. Based on that, is there any chance they’d at least lower the fine? Also, should I expect some official paperwork from the police to show up at my house?
Drew Rodriguez7 Drew Rodriguez7 Newcomer
1 message
joined Mar 2009
#1438 ·
There are several threads on this forum, yet I can’t seem to find anything addressing my specific situation, so I am hoping someone might be kind enough to offer some insight...
-The misdemeanor occurred on March 13, 2007; it involved a blood alcohol level that resulted in three penalty points, and a citation was issued accordingly.
-My driver's license was subsequently suspended for three months starting October 1, 2007, due to that same offense.

Now, here is the dilemma...
The fine amounts to $667 plus court costs, but it was never paid, nor was any plea ever filed...
No one has contacted me about it, and I haven't reached out to anyone either...
Does the statute of limitations begin two years from the date the citation was served, or does it run from the date the license was suspended?
Furthermore, is it even possible to claim the statute of limitations has passed if a formal plea was never submitted?
Jesse James5 Jesse James5 Member
35 messages
joined Jun 2008
#1439 ·
Bradley Martin2 said:Hey everyone, I’m new here, so bear with me if I mess something up. I have a question. I just received a ruling stating I haven't paid my fine, but I actually did. Here’s the deal: I was sent four payment slips totaling $1283, but the actual fine is only $1617. Basically, they missed one of my payments, and now, a year later, I’ve been told I’m facing 17 days in jail because they claim nothing was paid. Can I appeal this to avoid paying another thousand bucks? Or should I just take this straight to a judge and demand to see that fourth receipt? I need advice immediately.


If you've been handed a ruling for 17 days of supplemental jail time, it means the court has zero proof that you paid any part of that fine. If they actually had proof, the ruling would specify that you still owe an unpaid balance of $333...
Go down to the courthouse, bring your receipt stubs to show them, and ask for the correct invoice so you can settle the rest...
Jesse James5 Jesse James5 Member
35 messages
joined Jun 2008
#1440 ·
Drew Rodriguez7 said:There are several threads on this forum, yet I can’t seem to find anything addressing my specific situation, so I am hoping someone might be kind enough to offer some insight...
-The misdemeanor occurred on March 13, 2007; it involved a blood alcohol level that resulted in three penalty points, and a citation was issued accordingly.
-My driver's license was subsequently suspended for three months starting October 1, 2007, due to that same offense.

Now, here is the dilemma...
The fine amounts to $667 plus court costs, but it was never paid, nor was any plea ever filed...
No one has contacted me about it, and I haven't reached out to anyone either...
Does the statute of limitations begin two years from the date the citation was served, or does it run from the date the license was suspended?
Furthermore, is it even possible to claim the statute of limitations has passed if a formal plea was never submitted?

Your fine should have been forcibly collected by the IRS within 6 months; after that, if it remained unpaid, the court would have issued an order for a supplemental 7-day jail sentence...
The statute of limitations begins two years after the citation becomes final.
So, I suspect they might still be able to enforce the penalty.

You must log in or register to reply here.

Log in Register

🔗 Similar threads