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Traffic violation procedures

Started by restlessdriver87 · · 👁 4 views · 1.6K replies

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Participants restlessdriver87Brian Lopez8Keith Taylor4Gary Hernandez6Robin Rodriguez5rowdyviper3Michael Rodriguez40hollowtrucker77Joshua Williams82Jason Chavez32Eric Wood7cosmicridge5ironangler22urbanranger18Kevin White5dustyjackal68goldengull3dustyscout53William White2Rebecca Cox2fadedtrucker19Kyle Nelson2Brenda Turnercasualfox9 …
Tyler Stewart Tyler Stewart Newcomer
2 messages
joined Jul 2009
#1581 ·
wearycobra9 said:I have a question for you all... is it actually possible to file an appeal several months down the line? Specifically, if I just received some kind of formal notice at home regarding the collection of other public fees following requests from various government agencies and whatnot...

No, you can't.
frozensurfer8 frozensurfer8 Newcomer
7 messages
joined Feb 2008
#1582 ·
Quick question about a parking ticket I just got from some officer. He left me a "citation" and a payment slip. Here’s the deal: if I decide not to pay, am I looking at a court summons or just some ruling sent directly from the courthouse? Since I'm a broke college student with zero income right now, I'm actually planning on trying to swap this fine for community service instead. Does anyone know when or how I should even propose that?? I tried Googling it and digging through various forums, but it's such a headache because our laws in the US seem to change every five minutes, so I have no clue what the current procedure is... 🙂
Sophia Scott5 Sophia Scott5 Member
27 messages
joined May 2008
#1583 ·
@frozensurfer8
The way things work now is pretty simple—you either pay the fine or you do the time. Community service isn't even an option anymore.

Here’s my take—since you’re a student with zero income, file an appeal. If this is your first time getting caught up in something like this, make sure to mention that in the paperwork and hope they just give you a warning. Once you get that appeal in, you’ll eventually get a summons to show up in court—usually takes about 4 to 6 months, though things move faster than they used to!

The judge is going to ask what you do and how much money you're making anyway, so you won't even have to bring up being broke. Between that and everything else, you might actually score a reduced fine or just a slap on the wrist if it really is your first offense.

@Izmena
What were you even driving? A scooter?
Try using that same logic with an appeal. You might be able to talk your way into a lower fine. Just play the "I didn't mean to, it's my first time" card...
Jose Diaz3 Jose Diaz3 Member
28 messages
joined Feb 2010
#1584 ·
Hello. 🙂

So... we just got back from our trip to the coast, only to find a ticket waiting for my son at home. He ran a red light—or so they say. He insists it was yellow, but the police followed him afterward, which implies they saw him blow through two reds. This was his first offense. The officer told him it would just be a warning, yet here we are. The fine is $667 and he’s facing a three-month driver's license suspension. I mentioned the beach because we had no idea he wouldn't even be allowed to drive until today. 😁

Anyway, I have a question: is an appeal worth the effort? They told us a first offense was "just" a warning, the officer promised, but now this happens. I'm not interested in debating whether he's guilty or not; he was in the car with his mother, and both of them saw a yellow light, though the officers clearly disagreed. 🤷

Thanks for any insight.
Sophia Scott5 Sophia Scott5 Member
27 messages
joined May 2008
#1585 ·
It’s a solid silver lining that this is his first offense and he actually has witnesses to back him up. That’s definitely something to lean on when filing the appeal. Plus, he was legally allowed to be driving on the coast—the ban wasn't even in effect yet.

Obviously, you’ve gotta file an appeal. Not because we're just sitting around waiting for the statute of limitations to run out—that’s not happening—but because there's zero downside. You can't lose, but you might walk away with a lighter fine or maybe even a suspended license instead of a full revocation. Honestly, you can't complain if that happens.

I've been there too—some cop told me I was in the clear once, and then boom, the ticket showed up in my mailbox. It'll bite you if you aren't looking.
Jose Diaz3 Jose Diaz3 Member
28 messages
joined Feb 2010
#1586 ·
dustycrane73, thanks. 🙂
Larry Martin Larry Martin Newcomer
1 message
joined Aug 2009
#1587 ·
Hello,

I am looking for some advice or perspectives if anyone has a moment to spare; I would be quite grateful.

Last year, on November 15th, I was driving home from work when I ran into a weekend sobriety checkpoint.
They clocked me at 52 miles mph, even though the limit was 60. The whole situation played out in an absurd manner, but that is beside the point.

Initially, the officer didn't believe I was simply commuting; he was convinced I was one of those reckless weekend drivers. Once he finished writing the citation, he admitted he could see I wasn't that type of person. He noted that since I have a clean driving record, I should file an appeal and that the court would likely just issue a warning.

I filed my appeal within the required timeframe. I stated clearly that I was returning from work, that I had momentarily lost focus, and given the circumstances and my lack of prior offenses, I requested they honor the appeal.

A few days ago, I received a blue envelope in the mail stating that the municipal court has rejected my appeal as baseless.
The issue is that the document claims I argued my financial situation was insufficient to pay and requested a reduction in the fine.
Furthermore, the ruling states that I failed to provide evidence for the facts I presented in my appeal.
It also indicates that the judgment is final.

There is no mention of any possibility to appeal this decision.
I received the payment notice, but there is no specified deadline for when the amount must be paid.

What is my next step?
Is an appeal still possible?
And should I have been summoned to court before this verdict was reached?
fadedridge32 fadedridge32 Newcomer
1 message
joined Aug 2009
#1588 ·
Hey,

Just got hit with a ticket today.

Here’s the play-by-play:

I was driving from the Appalachian Mountains toward Monterey. As soon as I cleared the Appalachian Mountains, traffic was crawling at maybe 20 or 30 mph. It was totally clear coming the other way, so I figured I'd pull back out, but right as I did, some cop heading from Monterey spotted me. He claims I was speeding again just as I hit the outskirts of a small town... even though it was a straight stretch before that, it had a solid line. He pulled me over there.
The best part? There were three motorcycles ahead of me doing the exact same thing. I was just following their lead, but they caught me and let them go.

The fine is $833.

Can someone help me out with a template for an appeal? I’ve never actually written one before, so I have no clue how to format it properly. I can write something down, but I don't want it looking messy or unprofessional.

I'm 17 and this is my first time ever getting in trouble with the law.

Thanks in advance!
dustycrane73 dustycrane73 Newcomer
1 message
joined Aug 2009
#1589 ·
I was cruising a little faster than the speed limit and ended up picking up $667 and two points on my license

Since I already had four points on my record, that puts me at six total, which isn't ideal, though I know I really brought this on myself, don't I?

The speeding ticket happened just four days ago, and the officer told me they’d be mailing the notice straight to my house, so when should I actually expect that to show up in the mail? Is there any realistic way to file an appeal just to keep those points from hitting my record, because honestly, the fine itself is much less of a headache for me than the points are?

Also, how long does it typically take for penalty points to clear off your driving record, and at what point do they actually suspend your license—is it actually possible for them to take it away once I hit six points? And if that does happen, how long would I be stuck without being able to drive?
darkharbor9 darkharbor9 Newcomer
2 messages
joined Aug 2009
#1590 ·
So, here’s the deal: after nine years of driving without a single issue—if we aren't counting those annoying parking tickets—I finally managed to snag myself a speeding ticket for $167. The deadline to pay is tomorrow, and honestly, I’m wondering what actually happens if I miss it? Do they just send some stern warning letter to my house or something? Also, is there any way to split this up into installments? I'd much rather pay it in two parts because dropping $167 all at once feels a bit much right now, even if it isn't exactly breaking the bank...
Christian Evans3 Christian Evans3 Newcomer
1 message
joined Aug 2009
#1591 ·
I’m at a bit of a loss here. I was caught speeding on the interstate and now I’m facing a $167. The driver who got pulled over right before me told me straight up: don't sign anything, and you're golden.
So, I took his advice and didn't sign a single thing. But then I read today that if I want to contest this "citation," I have to file an appeal within eight days. Is there actually any proof that I was driving at the speed they claim (they had my cruise control set at 93 miles mph)? To make matters more complicated, I actually live abroad. Does anyone know who I should contact or where I need to file this? I honestly have no clue what to do next.
Sophia Scott5 Sophia Scott5 Member
27 messages
joined May 2008
#1592 ·
That driver gave you some pretty useless advice. You could’ve just signed the thing. Signing doesn't mean you're admitting guilt—it just confirms you actually received the citation.
Bottom line, the signature is basically irrelevant.

On the interstate? A highway patrol interceptor? If that’s the case, they’ve got video footage showing everything crystal clear, so there’s really no debating it. If they caught you using some other tech, sure, you can try to fight it, but then it’s just your word against theirs. And we all know which side the court is going to believe... it's not even worth mentioning.

Your move is to file a written appeal with the local municipal court covering the area where you were pulled over—check the police station address listed on the ticket. Send in your signed appeal or whatever paperwork you need, and make sure to send two copies.

And look, if you really feel like picking a fight with the legal system here in the US, you could always play dumb and claim you were out of the country...
But honestly, if you messed up and were speeding, just pay the fine and be done with it. 😉 😬
Peter Johnson4 Peter Johnson4 Newcomer
3 messages
joined Aug 2009
#1593 ·
So, my old man dropped an indictment on my desk this morning from a major law firm here in the States.
Basically, some collection agents showed up at my place and filed a report claiming I’m dodging my cable subscription fees. I told them straight up: I watch everything via satellite on my computer; I don't even have a TV in the apartment.
The report was filed back on February 16, 2008—which is over a year and a half ago—and they’re just now serving this indictment dated July 17, 2009.
I’m trying to figure out if the statute of limitations has already kicked in. From what I've been reading, when you're dealing with a massive network like Comcast, the limit is one year. If that's the case, does the clock start ticking from the day they wrote the report, or something else? Any advice?😳

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