Traffic violation procedures

About eighteen months ago, I was pulled over with a blood alcohol content of 1.1. I didn't sign anything at the scene—I simply filed an appeal stating my intention to present my defense before a judge.
When the first court summons arrived, I happened to be out of town, so I missed the certified mail delivery. The second notice showed up this past Monday, which I made sure to collect. My hearing is scheduled for this afternoon. Interestingly enough, the summons even had a handwritten note on it mentioning a potential arrest warrant if I failed to show up :-).
What I’m wondering is whether anyone here has experience regarding my chances of letting this reach the statute of limitations. Is it worth it to request a confrontation with the officer today as a way to drag things out? Please, spare me the moral lectures and the "recent experiences" from people who just went through this last week. This all dates back to November 2007, so under the old statutes, I should be looking at a two-year limit rather than four. That leaves me with roughly six months until the case expires.
Thanks in advance!

@ Brandon Williams7

Look, in your specific situation, you could actually win an appeal by arguing vested rights. Basically, the new laws aren't supposed to just strip away privileges you already earned under the old rules. If you picked up your driver's license back when the laws were more lenient, they can't just yank that right away from you overnight. Now, obviously, the cops on the street don't care about legal nuances—they just follow whatever the current handbook says—but once you get in front of a judge, this stuff matters. The legal system is built on protecting those established rights.

@ Arthur Smith4

Since you’ve still got about six months before the statute of limitations kicks in, there's a pretty solid chance you can make this work. Honestly? You need to demand a hearing now. You have absolutely nothing to lose. The absolute worst-case scenario is the judge tells you "no," and then what? You're exactly where you started. :-) You should also hammer home the point—both now and if you have to appeal—that the officers should have taken you for a formal blood test. There's no way you were that hammered, and let's be real: a handheld breathalyzer isn't some high-tech medical instrument capable of giving an exact BAC reading.
If things go south, you just appeal the ruling once you get it in the mail, and that's that. The clock will likely run out on them anyway.

Rebecca White4 said:@ Brandon Williams7

Look, in your specific situation, you could actually win an appeal by arguing vested rights. Basically, the new laws aren't supposed to just strip away privileges you already earned under the old rules. If you picked up your driver's license back when the laws were more lenient, they can't just yank that right away from you overnight. Now, obviously, the cops on the street don't care about legal nuances—they just follow whatever the current handbook says—but once you get in front of a judge, this stuff matters. The legal system is built on protecting those established rights.

@ Arthur Smith4

Since you’ve still got about six months before the statute of limitations kicks in, there's a pretty solid chance you can make this work. Honestly? You need to demand a hearing now. You have absolutely nothing to lose. The absolute worst-case scenario is the judge tells you "no," and then what? You're exactly where you started. :-) You should also hammer home the point—both now and if you have to appeal—that the officers should have taken you for a formal blood test. There's no way you were that hammered, and let's be real: a handheld breathalyzer isn't some high-tech medical instrument capable of giving an exact BAC reading.
If things go south, you just appeal the ruling once you get it in the mail, and that's that. The clock will likely run out on them anyway.

The police shouldn't have been the ones to suggest a blood test; he should have demanded one himself.🙂

A Dräger device is a standard measurement tool and is perfectly appropriate for determining alcohol content. 🙄

Has anyone dealt with a situation similar to mine lately? I’m trying to get a sense of how often they actually call these hearings—what kind of intervals are we talking about here? And more importantly, what are my realistic odds of stretching this out for another six months?

brightfalcon522 said:The police shouldn't have been the ones to suggest a blood test; he should have demanded one himself.🙂

A Dräger device is a standard measurement tool and is perfectly appropriate for determining alcohol content. 🙄

He can always claim that because he isn't some legal expert, he had no clue he was supposed to insist on a blood draw, and the cops didn't bother to mention it to him.

As for the breathalyzer, sure, it can raise a red flag that there might be booze in his system, but you won't get the actual number without a blood test. It's basic stuff. Just look at how US courts often toss out breathalyzer results in criminal proceedings if they aren't backed up by hard data...

Arthur Smith4 said:Has anyone dealt with a situation similar to mine lately? I’m trying to get a sense of how often they actually call these hearings—what kind of intervals are we talking about here? And more importantly, what are my realistic odds of stretching this out for another six months?

Look, the gap between court dates is all over the place. It basically just depends on how backed up that specific courthouse is. Honestly? I'd bet money that they’ll wrap this whole thing up within six months and you'll be sitting at home with a first-instance verdict in hand...

The trick—if you want to stall—is to file your appeal on the very last possible day. In my experience, almost every case that ends up gathering dust in the system is because an appeal sent it up to the Supreme Court.

Paul Doyle6 said: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? 🤷

So, got pulled over on my way home last night. Did the breathalyzer—hit 0.95, so basically 0.85 after the tolerance buffer. I insisted on a blood test, so we did that... Now I'm wondering if getting the blood work was even worth it, seeing as the citation they gave me lists the minimum fine at $333.. How much is this blood test actually gonna run me? And honestly, what's the point of all those field sobriety tests—walking the line, finger-to-nose stuff with eyes open and closed—when I've already passed the actual medical exams at the hospital????

I need some specifics on something, hopefully someone here knows the deal... can I just walk into a police station and drop my request for a blood test analysis??? It's pretty important, so if anyone knows, please let me know. thanks!!!!

I have a question regarding community service—is it possible to satisfy a fine of $267 through volunteer work, or is that option still strictly limited to fines $167 or less?

Thanks.

Terry Long31 said:I have a question regarding community service—is it possible to satisfy a fine of $267 through volunteer work, or is that option still strictly limited to fines $167 or less?

Thanks.

That isn't really an option anymore; nowadays, they just want you to pay the fines in cash.👎

Hey, I’ve been out of the loop on this lately—what’s the current deal with blood alcohol limits here in the States? What is the legal BAC limit for drivers? Is it a blanket rule, or does it change depending on whether you're under 24 or "older"? Thanks.

Austin Ward4 said:how many installments though?? i've got a massive one coming my way soon, definitely more than 5... just wondering if there's any way to keep the monthly payment under $167. i'm unemployed and my parents are too... help me out here

It all comes down to the judge. If they grant your request, you can pay less than $167.
Usually, with larger fines, the payments start at $167 or higher..
But, like I said, try petitioning the court to approve an installment plan...
Just make sure you strictly follow the payment deadlines.

Rachel Ruiz2 said:Hey, I’ve been out of the loop on this lately—what’s the current deal with blood alcohol limits here in the States? What is the legal BAC limit for drivers? Is it a blanket rule, or does it change depending on whether you're under 24 or "older"? Thanks.

If you're under 24, it's a zero tolerance policy—0.00%. Once you hit 24, the limit is 0.08%.

So, I was cruising around the neighborhood on my scooter today when some cop pulled me over and slapped me with a ticket $333 for not wearing a helmet. Everyone’s laughing at me, which is ridiculous because I *always* wear one. But today? I had been hopping on and off this thing a million times already. By the time I was just doing a quick 500-meter stretch down a side street to get home, I didn't feel like messing with the strap, and five minutes later—BAM—I run right into a freaking cop. Anyway, that’s beside the point (and I’m writing this specifically to shut up the moralists who are going to jump in here to lecture me about being "irresponsible"—trust me, I know the rules)

I want to know if there is any way to appeal this or dodge the fine, or maybe even wait out the statute of limitations. I am a college student, though I'm not sure if that actually helps anything since I have a perfectly clean record. I refused to sign the citation. Other people in my family drive scooters too, but I assume that doesn't matter since he already took my driver's license 🤷

Thanks in advance

brisksurfer said:So, I was cruising around the neighborhood on my scooter today when some cop pulled me over and slapped me with a ticket $333 for not wearing a helmet. Everyone’s laughing at me, which is ridiculous because I *always* wear one. But today? I had been hopping on and off this thing a million times already. By the time I was just doing a quick 500-meter stretch down a side street to get home, I didn't feel like messing with the strap, and five minutes later—BAM—I run right into a freaking cop. Anyway, that’s beside the point (and I’m writing this specifically to shut up the moralists who are going to jump in here to lecture me about being "irresponsible"—trust me, I know the rules)

I want to know if there is any way to appeal this or dodge the fine, or maybe even wait out the statute of limitations. I am a college student, though I'm not sure if that actually helps anything since I have a perfectly clean record. I refused to sign the citation. Other people in my family drive scooters too, but I assume that doesn't matter since he already took my driver's license 🤷

Thanks in advance

No.

brightfalcon522 said:Look, there is no such thing as "forgiveness" for a violation. You might get a warning for certain infractions, but only if the officer issues it right then and there on the spot. That only applies to minor offenses where the penalty doesn't exceed $333. If you're looking at points on your license or a temporary suspension, forget about the warning. For example, the fine for not wearing a helmet on a moped or motorcycle is $333, but since they also issue a preventative measure, you won't get a warning instead!

What is this supposed to mean exactly? Can I actually file an appeal and try to argue that I should just get a precautionary measure instead?🤷

Under the statute of limitations, the window is longer, so you don't really have much of a chance at getting it dismissed.
Of course, you're entitled to fight it—filing an objection, contesting the citation, appealing the ruling...
But whether any of that actually moves the needle? That's a whole different story.😁
Anyway, good luck!

brisksurfer said:What is this supposed to mean exactly? Can I actually file an appeal and try to argue that I should just get a precautionary measure instead?🤷

Isn't a precautionary measure reserved for offenses within the $233 statute of limitations, or have I completely missed the mark here...🤷 provided you don't have a prior record of misdemeanor convictions 🤷

Jesse James5 said:Under the statute of limitations, the window is longer, so you don't really have much of a chance at getting it dismissed.
Of course, you're entitled to fight it—filing an objection, contesting the citation, appealing the ruling...
But whether any of that actually moves the needle? That's a whole different story.😁
Anyway, good luck!

Thanks for the input. One more thing: if they reject my appeal after all this hassle, will they tack on court costs, or does the fine stay exactly what it was?

I have a quick question regarding speed limit signs

So, if I’m driving on a road where there's a 40 mph sign, and then just 200 yards later there's a 30 mph sign, followed by a roundabout—once I pass the roundabout, does that 30 mph limit stay in effect, or is it automatically canceled out?