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Traffic violation procedures

Started by restlessdriver87 · · 👁 24 views · 1.6K replies

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Participants restlessdriver87Brian Lopez8Keith Taylor4Gary Hernandez6Robin Rodriguez5rowdyviper3Michael Rodriguez40hollowtrucker77Joshua Williams82Jason Chavez32Eric Wood7cosmicridge5ironangler22urbanranger18Kevin White5dustyjackal68goldengull3dustyscout53William White2Rebecca Cox2fadedtrucker19Kyle Nelson2Brenda Turnercasualfox9 …
Joseph Fox10 Joseph Fox10 Newcomer
1 message
joined Apr 2009
#1461 ·
So here’s the deal:
I get home from work around 6 PM, and the parking lot is absolutely packed—not a single spot left. So, I end up pulling onto the grass right next to the road, just partially on the curb. Everyone else has been parking there for years; there are always at least twenty cars doing the exact same thing. I wake up at 7 AM, catch a glimpse through the window, and see a meter maid hovering near my car. I run outside, and boom—they slap me with a $83 fine. (The other cars parked right next to mine, doing the exact same thing, they didn't even touch them.) Then, a couple of days later, I get hit with another $267 ticket specifically for parking on the green space.
Basically, I'm looking at a total of $350!
And honestly, people are out here parking on sidewalks and blocking bus stops all day long... my car wasn't getting in anyone's way, not the traffic and definitely not the pedestrians.

Is it even worth trying to fight this? Like, does an appeal actually stand a chance in Municipal Court??
vividtiger922 vividtiger922 Member
39 messages
joined Apr 2009
#1462 ·
briskjackal20 said:I dealt with a situation exactly like this about three months ago. About twenty days later, I got a summons for Municipal Court in San Diego. The police recommendation was: $667 which resulted in me being without a license for three months. I explained to the judge that by the time I had entered the intersection, the turn arrow had already timed out—it doesn't flash or give any warning that it’s about to disappear. The judge noted that in the record and mentioned she would call the officer to testify at a hearing. So... now I wait.
By the way, the very next day after my infraction, there was this massive headline in the local paper: 49 drivers caught running red lights 🙂
That's roughly 100 $0.00, all in one afternoon, straight into the state treasury. I suppose someone has to pay for those armored Ford trucks.😉

I’ve found myself in a similar predicament. Regarding the alleged red-light violation—all I saw was yellow, though I won't swear it didn't turn red right as I passed through—and then there's the matter of $667+3 months without a license. I intend to file an appeal, and given my clean driving record, I’m hopeful they might at least reduce that suspension period. To make matters worse, the officer mumbled something about me not wearing my seatbelt, though he didn't mention a citation for it at the time since I was buckled when he pulled me over. Yet, looking at the official notice later, it's listed there too. I'm curious how this process actually unfolds, especially since he lacks any real proof for the first charge, let alone the second. Does the judge really bring you in for a face-to-face confrontation? Has anyone here experienced this? What happens if I maintain that I had absolutely no idea I wasn't wearing a belt, much like I have no clue about the light? He handed me the notice, sure, but I haven't the slightest idea what these specific legal codes mean, nor did I sign anything agreeing to his version of events.
Jeffrey Palmer29 Jeffrey Palmer29 Member
10 messages
joined Nov 2007
#1463 ·
So I just got hit with a mandatory citation from the Municipal Court because I parked in the wrong spot. They sent over the bill too, but I already filed an appeal. Quick question—under the new laws, does filing that appeal actually put the fine on hold while things play out?
Paul Doyle6 Paul Doyle6 Newcomer
5 messages
joined Oct 2014
#1464 ·
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.

It is just unbelievable how they operate, and I actually had a situation myself where I received a ruling from the Superior Court six months after they claimed to have handed down the decision, even though the statute of limitations had already lapsed back in
December.
Paul Doyle6 Paul Doyle6 Newcomer
5 messages
joined Oct 2014
#1465 ·
After taking some time to go through all your posts, I’ve come to the conclusion that I’m just going to pay the fine, mostly because I really don't have the energy to get into a long-winded battle with them... though there is one little complication, as I have already submitted a formal appeal against the citation. I was wondering if paying the fine would automatically make my appeal void or invalid? 🤷
crimsonskipper17 crimsonskipper17 Newcomer
2 messages
joined Apr 2009
#1466 ·
Alright, I’ve got a question here-- a buddy of mine just got slapped with a ticket $167 for speeding through a residential zone. Since this is his first offense in the 25 years he's been driving—is there any point in trying to file an appeal?? Is it actually possible to get somewhere with that, or is he just throwing good money after bad and racking up extra legal fees??

THANKS!!
Thomas Adams43 Thomas Adams43 Newcomer
8 messages
joined Mar 2009
#1467 ·
I find myself facing a pretty similar dilemma regarding the fine $167, and I’m really wondering about what happens if they don't accept my plea deal—will that end up landing me with a much heavier penalty, and if so, how much higher could it go? Honestly, this how much is the part that's weighing most heavily on my mind right now. 🙂 🙂 It feels quite urgent
David Baker3 David Baker3 Newcomer
3 messages
joined Apr 2009
#1468 ·
If you ask me, you’re better off just paying the fine and moving on; the statute of limitations is four years, so there's really nothing to sweat in the long run. $167 It isn't exactly the end of the world, and why would you want to risk an extra $150-$67 in legal fees just to prove a point? To me, those court costs feel like throwing money down a drain. I mean, honestly, is it even worth dragging yourself through a courtroom over $167? Personally, I think your best bet might be to file an appeal—just be upfront, admit the mistake, mention that you have a clean record, and ask them to just give you a warning this time.
Thomas Adams43 Thomas Adams43 Newcomer
8 messages
joined Mar 2009
#1469 ·
Honestly, I ended up getting slapped with a fine for an infraction that the officer didn't even witness, so if I were going to draft an appeal, I’d probably frame it like this:
-I was involved in a minor fender bender where there was very little property damage. According to the rules regarding road safety, there is a specific section stating that if an accident only results in material damage, the parties involved are simply required to fill out a European Commission Report and submit it to their insurance companies without needing a police investigation on-site(while the law doesn't explicitly state that a police presence is mandatory, it certainly doesn't say it's required either, but the other driver decided to call them anyway). In my case, I was issued a mandatory citation for a violation that the authorized official didn't actually observe firsthand.-
Do you think I should add anything else? This is my first time ever trying to write one of these appeals 🤷, though to be fair, I've never actually had to deal with getting a ticket before.
Thomas Adams43 Thomas Adams43 Newcomer
8 messages
joined Mar 2009
#1470 ·
Hey, does anyone know where I actually need to file my appeal? Should I be sending it to the misdemeanor court and the U.S. Department of Homeland Security, or is it just directed to the Supreme Court 🤷? Please help me out
David Baker3 David Baker3 Newcomer
3 messages
joined Apr 2009
#1471 ·
Could someone please clarify exactly what kind of offense we're talking about here?
America
U.S. Department of Homeland Security
Split Police Department
xx xxxx
Paul Doyle6 Paul Doyle6 Newcomer
5 messages
joined Oct 2014
#1472 ·
David Baker3 said:If you ask me, you’re better off just paying the fine and moving on; the statute of limitations is four years, so there's really nothing to sweat in the long run. $167 It isn't exactly the end of the world, and why would you want to risk an extra $150-$67 in legal fees just to prove a point? To me, those court costs feel like throwing money down a drain. I mean, honestly, is it even worth dragging yourself through a courtroom over $167? Personally, I think your best bet might be to file an appeal—just be upfront, admit the mistake, mention that you have a clean record, and ask them to just give you a warning this time.

Well, I actually did exactly that, and I went as far as explaining my situation by mentioning that I am a college student with a completely clean record and all that, but then nearly two years later, I suddenly received a notice from the Supreme Court stating that my plea was being denied because I hadn't provided proof of my financial status, which is quite baffling since nobody ever asked me for any documentation regarding my finances in the first place....🤷
Thomas Adams43 Thomas Adams43 Newcomer
8 messages
joined Mar 2009
#1473 ·
I'm not quite sure what you mean by that, but if you're trying to get my attention or start a conversation, I'm all ears! Please feel free to share whatever is on your mind. kaže:
Could someone please explain exactly what kind of offense we're talking about here?
The United States of America
U.S. Department of Homeland Security
Split Police Department
John Doe

Is it being handled in a misdemeanor court, or is it actually going before a higher authority? 🙈So, does that mean they’re drafting everything in duplicate—sending one copy to me and keeping the other for themselves?
I was just trying to back into a parking spot when I ended up tapping the car behind me, but here’s the thing—he actually accelerated right into my bumper. Since I’ve honestly never dealt with anything like this in my entire life, I completely froze up in the moment and signed a statement admitting fault. Now I’m sitting here wondering if an appeal can even fix this mess. According to the traffic safety laws, all you're supposed to do is fill out a standard accident report and take it straight to your insurance provider, and that should be the end of it. Instead, they've gone and penalized me for reversing, rather than addressing the actual collision itself.
Veda As I was reading through what Thomas Adams43 had to say, I couldn't help but feel that there's a much deeper layer to this situation than we initially realized. It’s easy to get caught up in the immediate details, but if you step back and look at the broader implications, everything starts to shift. I find myself constantly weighing these different perspectives, trying to reconcile the raw facts with the emotional weight they carry for everyone involved. When you really sit with the argument being made, it becomes clear that we aren't just discussing a simple disagreement, but rather a fundamental clash of values that touches on how we perceive justice and fairness in our own society. It makes you wonder how many other instances like this go unnoticed simply because we haven't taken the time to look closely enough.
I actually reached out to them personally to plead for leniency, explaining my situation—that I’m just a college student with a completely clean record and nothing against me—but after two years of waiting, I finally got a notice from the Supreme Court. They basically told me my appeal was being denied because I hadn't provided proof of my financial status, which is absolutely ridiculous because nobody ever asked me to submit any documentation regarding my finances in the first place!🤷

And how much higher was your fine compared to what the police originally handed you? Was it actually worth it? $37 ...or maybe even more.
Terry Cook88 Terry Cook88 Newcomer
1 message
joined Apr 2009
#1474 ·
So, here’s my situation...

Last summer, I rented a car for a day while I was visiting Italy. Fast forward nine months, and two traffic citations from the Italian police show up at my house via standard mail (no certified mail or anything!). Each fine is about $110, and they’re for driving on a residential-only street and crossing into a bus lane.

I’ve got four questions:

1. If I just ignore these, does the Italian police have the authority to contact the rental agency I used to grab my credit card info and just charge me directly?

2. If I don't pay, will the Italian authorities try to coordinate with the American police to collect the money?

3. Am I going to run into any issues when I try to enter the European Union if these stay unpaid?

4. Is there any chance I can get out of this by arguing that I never technically "received" them, since they were sent through regular mail without any tracking or signature required?

Thanks!
Thomas Wilson12 Thomas Wilson12 Newcomer
1 message
joined Apr 2009
#1475 ·
I’ve never actually filed an appeal before. I just got home to find a notice—it’s not technically a fine, just a citation for an infraction I committed. It says I have five days to submit the appeal I requested right when the incident happened..

It involves blue diesel..
Since I was also in the US, maybe I could play it off as an accidental overfill and offer some kind of apology?

Seriously though, I read somewhere on a forum that if you have a completely clean record, there might be a chance it gets tossed. I’ve never been cited for anything in my life, but I honestly have zero clue how to draft an official appeal...

😂😕😕😕
Thomas Adams43 Thomas Adams43 Newcomer
8 messages
joined Mar 2009
#1476 ·
Michael Perez5 said:Name ________________

TO THE Municipal Court IN Small town


Regarding the decision issued by the Municipal Court in case number xxxx dated June 1, 2007, I am filing the following within the legal timeframe:

OBJECTION


Under the aforementioned decision, I have been found guilty of violating (state the specific violation and relevant section of the law) and sentenced to (state the penalty).
I am submitting this objection against said decision based on the following grounds.

Statement of Facts


A detailed explanation isn't strictly required by law, but if you feel there’s a specific point worth addressing, you should probably include it. You might also want to suggest witnesses who could back up your claims, or perhaps attach some documentation—maybe something to argue for a lighter sentence if you feel the current one is just unfair.

Name ________________

________________


So, I guess this is roughly how an objection should look... at least based on what I managed to find online.

Thomas Wilson12 said:I’ve never actually filed an appeal before. I just got home to find a notice—it’s not technically a fine, just a citation for an infraction I committed. It says I have five days to submit the appeal I requested right when the incident happened..

It involves blue diesel..
Since I was also in the US, maybe I could play it off as an accidental overfill and offer some kind of apology?

Seriously though, I read somewhere on a forum that if you have a completely clean record, there might be a chance it gets tossed. I’ve never been cited for anything in my life, but I honestly have zero clue how to draft an official appeal...

😂😕😕😕

So, I’ve gone ahead and written my thoughts based on what was shared above.
Kimberly Price12 Kimberly Price12 Newcomer
1 message
joined Apr 2009
#1477 ·
Got a question about wage garnishment. Can they actually go after my paycheck, or do they just seize everything under my name?

And if they can't recover enough from the seizure and I end up facing jail time, does the four-year statute of limitations kick in from the date of the ruling or what?

The violation happened under the old laws when the statute of limitations was only two years... it's been over two years now, but the geniuses at the Department of Justice still sent out the fine...
Jesse James5 Jesse James5 Member
35 messages
joined Jun 2008
#1478 ·
Thomas Adams43 said:Hey, does anyone know where I actually need to file my appeal? Should I be sending it to the misdemeanor court and the U.S. Department of Homeland Security, or is it just directed to the Supreme Court 🤷? Please help me out

Just read the instructions on legal remedies at the end of the decision, judgment, or order. It’ll tell you exactly who to send the appeal to..
Jesse James5 Jesse James5 Member
35 messages
joined Jun 2008
#1479 ·
Thomas Adams43 said:So, I’ve gone ahead and written my thoughts based on what was shared above.

If memory serves, there’s no need to justify an objection under the new rules.
Jesse James5 Jesse James5 Member
35 messages
joined Jun 2008
#1480 ·
Kimberly Price12 said:Got a question about wage garnishment. Can they actually go after my paycheck, or do they just seize everything under my name?

And if they can't recover enough from the seizure and I end up facing jail time, does the four-year statute of limitations kick in from the date of the ruling or what?

The violation happened under the old laws when the statute of limitations was only two years... it's been over two years now, but the geniuses at the Department of Justice still sent out the fine...

Usually, the IRS just gives you a courtesy call first. If you decide to play deaf, that’s when they start hitting you with wage garnishments. As for seizing property? I doubt it—it's just a misdemeanor. Plus, I don't think they even bother with seizures; under the old rules, those things only lasted six months, which probably isn't enough time for them to exhaust all their options anyway.
We really ought to wait until you’ve actually received the official notice regarding the fine before doing anything. Just a thought.
So, let’s talk about the statute of limitations.
If we’re going by the old rules, you only have a two-year window to enforce a fine once the ruling becomes final.

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