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Calguns LEOs LEOs; chat, kibitz and relax. Non-LEOs; have a questions for a cop? Ask it here, in a CIVIL manner.

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  #1  
Old 05-29-2014, 11:37 PM
ct1222 ct1222 is offline
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Default "statute of limitation" for speeding tickets...

So long story short, I got a ticket back in 2012 around April/May ish. It seems the ticket never made it to the court as it couldn't be located on the court's website, nor by the clerk over the phone. Without any means to pay it off over the phone/online, I showed up at the court hoping I could just pay in person. The clerk, however, just handed me a slip that says I've been to the court at the day and time indicated on the ticket and told me to check online every month until its in the system. It's now been two years, my question is: do I still have to worry about this ticket coming back and bite me in the *** later? or does the ticket expire after a certain amount of time??
P.S. Yes, I still have the slip

Thanks
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Old 05-30-2014, 3:26 AM
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It probably expires, but I'm not entirely certain. This is why I have AAA though. I can just ask my agent to alert me if any moving violations come up on my license.
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Old 05-30-2014, 5:53 AM
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The Statute of limitations on infractions and misdemeanors in California is 1 year. You've been scot free for a couple of years now my friend. Throw that ticket away and don't worry about it!
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Old 05-30-2014, 6:07 AM
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If you're really interested about it, go to the department that is on the ticket. Give them the number that's on it (they log every citation) and if they don't have any record of it, the Officer probably lost his ticket book or dropped it in the toilet. (Would not be the first time this has happened) Like Grimjack said, it sounds like you're good but if you want to check just in case go for it.
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Old 05-30-2014, 6:13 AM
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Quote:
Originally Posted by Grimjack View Post
The Statute of limitations on infractions and misdemeanors in California is 1 year. You've been scot free for a couple of years now my friend. Throw that ticket away and don't worry about it!
I wouldn't throw it or the court slip away, remember Murphy's law? Put it in a place for safekeeping.
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Old 05-31-2014, 7:27 PM
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Call and see if you have a warrant. I see people in the system all the time with $500 warrants for random vehicle code violations. I arrested a guy the other day with a few grand in speeding ticket warrants from the 80's.
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Old 05-31-2014, 8:49 PM
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Quote:
Originally Posted by Petro6golf View Post
Call and see if you have a warrant. I see people in the system all the time with $500 warrants for random vehicle code violations. I arrested a guy the other day with a few grand in speeding ticket warrants from the 80's.
Excellent advice here. I've also seen the same.

Please remember that the filing of charges (a precursor to the issuance of a warrant) tolls the statute of limitations.

Quality control over paperwork in the courts isn't the best and it's real easy to fall through the cracks.
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Old 06-09-2014, 3:25 PM
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Quote:
Originally Posted by Hot Holster View Post
I wouldn't throw it or the court slip away, remember Murphy's law? Put it in a place for safekeeping.
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Old 06-09-2014, 6:28 PM
003 003 is offline
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The statute of limitations has nothing to do with this situation, and whoever says it does, does not understand what the statute of limitations is, or how it works. In a nut shell, the statute of limitations applies when a person commits a crime, and is not charged with the crime within the proscribed timefame. Given that you received a ticket, you were “caught and charged” well within the proscribed time frame. Traffic tickets are "direct file", and are not reviewed by a prosecutor, so in effect you were charged the moment the officer wrote the citation.

The issue in question is where is the court copy of the ticket, and nothing more. Now what transpires here on out is the question. As mentioned, you may want to see if you have a warrant. If you do, go to court and explain the situation to the judge. Based on what you said in your first post, you may very well get the ticket dismissed in the interest of justice. If the court copy of the citation never shows up, then you beat the system.

Last edited by 003; 06-09-2014 at 6:37 PM..
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