Traffic violation procedures

John Gray84 said: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?

The 30 mph still stands...

If there isn't a new sign posted, you should assume the 30 mph limit is still active. Basically, you keep driving at 30 until you hit a new sign or a sign indicating a higher speed limit.

Does anyone know if there’s a specific legal timeframe for when the police are supposed to release an accident report? I keep heading down to the station to check on mine—it’s already been a full day since the accident happened—but every single time I go, they just tell me it isn't ready yet. I guess there might be some kind of process involved, but I'm feeling a bit lost on how long this is actually supposed to take. Any advice would be huge—thanks so much!

I've got one more quick question for you all😁

The paperwork says I have 8 days to file an appeal, but what happens if I'm running a little behind? Will they just toss it out if I miss that window by a day or two?

John Gray84 said:I've got one more quick question for you all😁

The paperwork says I have 8 days to file an appeal, but what happens if I'm running a little behind? Will they just toss it out if I miss that window by a day or two?

Nah, don't sweat it, they basically just throw those dates on there as a rough estimate...😁

crimsonsailor7 said:Nah, don't sweat it, they basically just throw those dates on there as a rough estimate...😁

Seriously though, is this country run by total amateurs? I was actually hoping for something more solid here.😁

crimsonsailor7 said:Nah, don't sweat it, they basically just throw those dates on there as a rough estimate...😁

hehehe

Sorry if I’ve already asked something similar, but there is so much going on here that I honestly can't find anything

I just received a NOTICE OF VIOLATION from the police.
It's for illegal parking (Section 82, Subsection 1). Does anyone here know how to draft a request to have the fine downgraded to a simple warning instead? Or maybe how to file an actual appeal? I’ve heard that if you haven't had any tickets in the last year, they might let you off with a warning. Along with this notice, I got a payment slip from $100, but there isn't a single word in there about my right to appeal. Someone told me I have to wait for the formal citation to arrive in the mail before I can even think about contesting it. Can someone please walk me through this? When am I actually supposed to appeal, and how do I even write these things up? I'm completely clueless when it comes to this stuff.

I really need some advice here

So, back in the summer of 2008, I get pulled over by a cop out in the middle of nowhere near Gary. Standard stuff—"Good afternoon, let's see your papers"—followed by an equipment check and a breathalyzer (hit a 0.0, perfectly clean). I thought, "Alright, we're done here," when suddenly he starts pulling this radar gun down from the roof of his Chevy and proudly shows me 48 miles/h. The limit was 50.
Right then and there, I admit I was doing no more than 40 miles/h.

I didn't sign anything—just took the ticket ($333)—and then I filed an appeal where I simply stated the facts were incorrect —basically, no long-winded explanation or anything!!!

About a month later, I get word that a judge partially upheld my appeal, so now the fine is down to $200. That’s it. Apparently, my trip to court and my reasoning didn't change a single thing about the rest of the ruling.
I haven't paid those $200 because, frankly, I don't feel like I did anything wrong, but now, a year later, I get a letter saying they're going to come after those $200 through collections.

My question is:

Is it actually possible for a judge to just slash a fine down to $200 without any real reasoning, or should she have actually called me in to ask what happened in the first place???
Does it even make sense to fight this injustice now, or should I just pay up and keep my mouth shut in this crazy country?

Thanks
Best,

Casey Davis2 said:Sorry if I’ve already asked something similar, but there is so much going on here that I honestly can't find anything

I just received a NOTICE OF VIOLATION from the police.
It's for illegal parking (Section 82, Subsection 1). Does anyone here know how to draft a request to have the fine downgraded to a simple warning instead? Or maybe how to file an actual appeal? I’ve heard that if you haven't had any tickets in the last year, they might let you off with a warning. Along with this notice, I got a payment slip from $100, but there isn't a single word in there about my right to appeal. Someone told me I have to wait for the formal citation to arrive in the mail before I can even think about contesting it. Can someone please walk me through this? When am I actually supposed to appeal, and how do I even write these things up? I'm completely clueless when it comes to this stuff.

Wait for the official citation, then appeal...
Here is a rough template for you. 😉
unknown your full name
unknown your address

unknown recipient name
unknown recipient address

A P P E A L

- regarding decision number ... dated (date)

unknown briefly state why you are appealing the aforementioned decision number

R e a s o n s

xxxxxxxxxxxx explain the reasons for your appeal and list any attachments or evidence xxxxxxxxxxxx

xxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

xxxxxxxxxxxxxxxxx, therefore

I suggest

that xxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

In Washington, D.C., date xxxxxxxxx digital signature
handwritten signature

While waiting for the citation, you could technically file a protest.

Protest Template

upper left corner
(your name and address)
centered
full name of the court you are addressing
e.g., TO THE MUNICIPAL COURT OF
XXXXX

And you begin...
Against the decision of the municipal court in xxx number xxxx dated (date), within the legal timeframe, I am submitting:
centered
PROTEST

Under the aforementioned decision, I was found guilty of violating (state the violation and code) and sentenced to (state the penalty).
I am filing the following protest against this decision.
centered
explanation

An explanation isn't strictly required by law, but if you want to address something specific, go ahead. You can also suggest witnesses who could support your claim, or attach documentation to argue that the fine is inappropriate, etc.

At the end (bottom right), your signature.
P.S.
Watch the deadline!!

Robert Morgan6 said:Hi everyone... so, here’s the situation. I got pulled over by the police this past Saturday (it was two officers and one older guy). They asked if I'd had anything to drink in the last few hours. Well, yeah—I had two small beers around 11:30 PM, but they didn't pull me over until 5:00 AM that morning. Then came the question: "Are you willing to take a breathalyzer?" I said yes, and I guess I blew a 0.06% BAC (which, if you subtract the legal tolerance of 0.02%, leaves me at 0.04%).
I didn't commit any other infractions, but the officer told me that this level was enough to trigger a 12-hour license suspension. I just said, "Okay, you're doing your job," and let him proceed. He wrote up a report—which I didn't sign—took my driver's license, and wished me a good night. I went back to my car, figuring I should probably head home too. About half an hour later, I called a colleague who works in law enforcement, and she told me that the officer had come into the station and added extra notes claiming I was being "arrogant"—which I really wasn't—and that I was driving "under the influence." He never actually explicitly told me I wasn't allowed to drive (I mean, I assume if they take your license, you can't drive, but he should have been clear about it). Plus, the car was running perfectly fine on the road, the right blinker was working, there was someone else in the car with me... This is my very first alcohol-related offense. I just had those two small beers the night before, I'd been at some weddings, and I ate some heavy stew... I honestly don't know where that 0.06% came from...
So, I've had my license since July 2004, and this incident happened this past Sunday, May 17, 2009. I was born on July 7, 1986. So, I clearly don't fall under those "Underage Driver" laws where you can't drive high-performance cars or need an adult supervisor after 11:00 PM, but I'm not entirely sure which category I fall into regarding alcohol limits...

I called the police department in Washington, D.C., and the person I spoke to mentioned that the officer shouldn't have been able to seize my license for that specific amount, and that since I'm not an "underage" driver, the standard legal tolerance for all drivers goes up to 0.10% BAC...

I'm really looking for some help or advice from anyone who understands how these laws work. Thank you so much.

Man, oh man...$533 they ended up taking my license for six months...
I'm pretty upset about this. Does anyone know how to draft a decent appeal? If you can help me put something together, lunch is on me.👍

Hey everyone.
So, I just got a court summons today for some misdemeanor I committed about a month ago. Well, technically it arrived while I was out, so the mail carrier just left a notice saying I could pick it up at the local post office. I’m wondering, if I just don't bother picking it up, what happens next? Will they send another notice, and how long does that usually take? Here’s the deal: I’m heading out to work at the coast in ten days. If I go to the post office and grab this summons, it means I’ve been officially notified and I'm expected to show up in court (correct me if I'm wrong here). The problem is, the court probably scheduled the hearing for a time when I won't even be in Washington, D.C. anymore. I was thinking maybe I could use this to stall the whole thing for at least two months. I highly doubt they'd be cool about me calling them to ask if I can push the hearing until after my trip. Is there any chance they'll just hold the hearing without me since I haven't technically "received" the notice, and just hand down a fine without letting me defend myself? Thanks in advance.

Jacob Mitchell6 said:Hey everyone.
So, I just got a court summons today for some misdemeanor I committed about a month ago. Well, technically it arrived while I was out, so the mail carrier just left a notice saying I could pick it up at the local post office. I’m wondering, if I just don't bother picking it up, what happens next? Will they send another notice, and how long does that usually take? Here’s the deal: I’m heading out to work at the coast in ten days. If I go to the post office and grab this summons, it means I’ve been officially notified and I'm expected to show up in court (correct me if I'm wrong here). The problem is, the court probably scheduled the hearing for a time when I won't even be in Washington, D.C. anymore. I was thinking maybe I could use this to stall the whole thing for at least two months. I highly doubt they'd be cool about me calling them to ask if I can push the hearing until after my trip. Is there any chance they'll just hold the hearing without me since I haven't technically "received" the notice, and just hand down a fine without letting me defend myself? Thanks in advance.

Without personally receiving the notice, there aren't any sanctions for failing to appear. A judge can only order an arrest if you miss a hearing after being properly served. Once you have received the summons, defendants can submit excuses to the court for missing a date due to legitimate reasons, like illness or official business, which keeps the whole thing uncertain. If you provide enough "valid" excuses, you get the desired outcome—the statute of limitations expires.

Jacob Mitchell6 said:Hey everyone.
So, I just got a court summons today for some misdemeanor I committed about a month ago. Well, technically it arrived while I was out, so the mail carrier just left a notice saying I could pick it up at the local post office. I’m wondering, if I just don't bother picking it up, what happens next? Will they send another notice, and how long does that usually take? Here’s the deal: I’m heading out to work at the coast in ten days. If I go to the post office and grab this summons, it means I’ve been officially notified and I'm expected to show up in court (correct me if I'm wrong here). The problem is, the court probably scheduled the hearing for a time when I won't even be in Washington, D.C. anymore. I was thinking maybe I could use this to stall the whole thing for at least two months. I highly doubt they'd be cool about me calling them to ask if I can push the hearing until after my trip. Is there any chance they'll just hold the hearing without me since I haven't technically "received" the notice, and just hand down a fine without letting me defend myself? Thanks in advance.

They won't go ahead with the hearing if the service was botched...
If this is your first official notice regarding the violation from last month, then if the delivery was handled improperly, they'll have to send a process server next (though that varies depending on the local courthouse). That isn't exactly fast either, so you should have at least a month or two...

How do you know it's a summons for a hearing??

Hey,
Sorry if this has already been asked. A friend of mine got pulled over last year with a 1.something BAC. She just got the ticket at the start of this month, $333 plus her license was suspended for 3 months. She already paid the fine.
I was wondering if there’s any way to delay the suspension? It's peak season right now, she works in a nearby town, and she really needs 😢 her license. Is there any way to appeal or something? Even though it says the penalty was already reduced?

Man, life is easy when you aren't an American!
====================
I’m struggling to find any sense of justice in this situation... You have visitors in our country who commit a traffic violation, a police officer writes them a ticket, takes their ID, and they just drive away. Then, a year later, they head back home to the States, get pulled over by the local police, and the officers can't do a single thing about it even though the original fine is still sitting there unpaid.

1. Is this actually how it works, and if so, how is that even legally possible?

2. Does the same logic apply to us when we're abroad? I actually picked up a speeding ticket while traveling through Italy, so now I'm sitting here wondering if I really need to worry about paying it...

Thanks in advance to everyone for helping me make sense of this.

shadowmoose7 said:Wait for the official citation, then appeal...
Here is a rough template for you. 😉
unknown your full name
unknown your address

unknown recipient name
unknown recipient address

A P P E A L

- regarding decision number ... dated (date)

unknown briefly state why you are appealing the aforementioned decision number

R e a s o n s

xxxxxxxxxxxx explain the reasons for your appeal and list any attachments or evidence xxxxxxxxxxxx

xxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

xxxxxxxxxxxxxxxxx, therefore

I suggest

that xxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

In Washington, D.C., date xxxxxxxxx digital signature
handwritten signature

While waiting for the citation, you could technically file a protest.

Protest Template

upper left corner
(your name and address)
centered
full name of the court you are addressing
e.g., TO THE MUNICIPAL COURT OF
XXXXX

And you begin...
Against the decision of the municipal court in xxx number xxxx dated (date), within the legal timeframe, I am submitting:
centered
PROTEST

Under the aforementioned decision, I was found guilty of violating (state the violation and code) and sentenced to (state the penalty).
I am filing the following protest against this decision.
centered
explanation

An explanation isn't strictly required by law, but if you want to address something specific, go ahead. You can also suggest witnesses who could support your claim, or attach documentation to argue that the fine is inappropriate, etc.

At the end (bottom right), your signature.
P.S.
Watch the deadline!!

Thanks for the input. 🙂
I haven't received any notice yet, so who knows... maybe I'll just get lucky and nothing ever shows up... 🙂

For instance, let’s say I commit an infraction on January 1, 2009. I receive a mandatory citation, I don't appeal it, and it becomes final on January 8, 2009.

On December 20, 2010, I get a call instructing me to report to the municipal court regarding the execution of a prison sentence.

I receive the call, but I simply fail to show up at the court.

Does that specific call interrupt the two-year statute of limitations?

Once that call is made, does the clock for the statute of limitations start ticking all over again?

If they can't find a spot for me in a correctional facility by January 8, 2011, would the statute of limitations have expired by then?

Need some help here,

So, I just got hit with a notice from the police saying my driver's license is suspended. It's a Class B restriction, and apparently, the ban kicks in the second I get this notification.

The whole thing happened back in March, and honestly? I haven't filed an appeal or even paid the fine yet.

Is there actually any point in trying to fight this through an appeal, or am I better off just biting the bullet and paying the damn fine?

And what kind of legal mess am I looking at if I just decide not to pay?

thanks

I received a letter from the municipal court the other day mentioning that instead of just paying a fine, I could opt for some kind of community service work. A few years back, I remember this being a much more flexible thing where they didn't really specify exactly what kind of tasks you'd be doing, but I had read somewhere recently that they might be changing the rules regarding how that works. Does anyone happen to know if those changes have already gone into effect?
Thanks

just got hit with $2000 fines, and I’ve got a four-month window to settle up... heard from some folks that it doesn't matter if I just chip away at it? Like, as long as I'm making payments toward the balance, I'm good. Is that actually true? Also, any chance I can stretch that four-month deadline out even longer?? thanks