Ticket not in the system?

[Enchanter]

I got a speeding ticket in March of this year.

Name, address, DL #, and license plate are all correct and legible.

Never got a notice in the mail. Called the court prior to the date at the bottom of the ticket (June), and they didn’t have it in their system. I was told to call back, or check online.

I’ve checked online weekly since then. Nothing shows up for my DL or citation number. From the court website “You cannot take care of your citation until it is in the courts computer system.”

How long can this go on? Is there a time period when I can stop sweating and consider it closed? Do I have to show up and force them to take my $ when they have no record of the violation?

 

[bojangle]

Unfortunately, I'd say you have to keep waiting and checking. The department would have to file the ticket within the statute of limitations, which would be one year from the violation. If it got lost in the shuffle, and one year goes by, you'd basically get a freebie. More than likely, though, it will be filed before then. Ideally, it should have been already filed with the court.

You can always inquire with the department that issued the ticket, but if it were me, I think I'd just leave it alone and hope to get lucky.

 

[berth]

What's the statute of limitations on a speeding ticket?

 

[bojangle]

What's the statute of limitations on a speeding ticket?

So I wrote it was one year in the post above, and it is one year for charging infraction or misdemeanor charges. However, with a traffic ticket that just might not apply. The reason is that with a ticket, the person had already been charged with the offense and signed a promise to appear. I believe that stops any statute of limitations at that point, and I'm not entirely sure whether or not it matters that the citation is filed with the court within the year to proceed with prosecution.

However, if a year has passed before the citation is ever filed with the court, I think it would be worth it to request dismissal of the charge based on the fact that it is over a year old. Even if statute of limitations is not a legal argument, a case can still be made for dismissal in the interest of justice based on the long time period that passed.

 

[rtmac]

I've never hit the lottery, but I have had two tickets get lost in this lifetime, both to never be heard of again. One was a speeding ticket in Berkeley in the 90's, the other a red light ticket in Walnut Creek about 8 or 9 years ago. Both times I checked with the appropriate courthouse multiple times over several months... they had no records of the violations. The one in Berkeley, I actually showed up in traffic court to try and get the fine reduced. I waited thru the entire docket and was never called, then I went to the counter and they couldn't find anything. So anyway, it can happen.

 

[gixxerjeff]

With my luck they probably just added your charges to my record.

 

[NoTraffic]

This happened to me in RWC. Got issued a traffic violation, on the violation it says promise to appear in court by x date. I never received a fine notice or court appearance mailer. The day of in which the citation states to promise to show in court, I showed the clerk my citation and she said not to worry, it's probably my lucky day.

She gave me a receipt that showed that I had appeared and that if I got any further notice, the receipt is proof I showed up. They said 99% of the time, if you show proof the citation will be thrown out due to their timely negligence.

All kinds of things can happen, cop spills soda on their ticket book, it flies down the road during a pursuit, etc.

Never heard anything from them again.

 

[orbframe]

call back and say "i don't know if you are aware but I am kind of a big deal on BARF"

 

[Enchanter]

Ok, I’ve got a friend in the business of reviewing cites from his guys. He confirmed a 1yr statute of limitations. Then after looking at my cite, he pointed me in a different direction.

I’ve attached a pic of the specific area on the cite, the cover of the publication, and the specific section.

Officer wrote ‘SAME’ in the ‘Dec. Date’ field, when an actual date is required. It is his experience that this error with cause the cite to be tossed out when I point it out.

 

[SCC Ryder]

call back and say "i don't know if you are aware but I am kind of a big deal on BARF"

Traffic court clerk replies : " The pharmacy might have stuff you buy for stomach problems ". :rofl

 

[TheRiddler]

Ok, I’ve got a friend in the business of reviewing cites from his guys. He confirmed a 1yr statute of limitations. Then after looking at my cite, he pointed me in a different direction.

I’ve attached a pic of the specific area on the cite, the cover of the publication, and the specific section.

Officer wrote ‘SAME’ in the ‘Dec. Date’ field, when an actual date is required. It is his experience that this error with cause the cite to be tossed out when I point it out.

Unlikely, but not impossible. The court typically sends them back to us to get corrected.

But March is a super long time, so...the odds are in your favor.

 

[bojangle]

Unlikely, but not impossible. The court typically sends them back to us to get corrected.

But March is a super long time, so...the odds are in your favor.

I'm thinking this is unlikely as well. The courts will return them for correction if they think it's necessary.

 

[Shaggy]

I usually write for 3 months out on the rare occasion I wrote an actual ticket. It should still appear in the system if it was sent to the courts for processing though.

Kinda weird. Maybe the officer never submitted the cite. :dunno

What is the appearance date on the cite?

 

[Enchanter]

What is the appearance date on the cite?

Early June.

 

[Shaggy]

Did you appear on that day or just call prior to check the status?

 

[Enchanter]

Did you appear on that day or just call prior to check the status?

Called to check the status, was told to continue to check online. Was told “We cannot do anything until it shows up in our system.”

I continue to check online weekly.

 

[295566]

So lesson from this thread... even if you haven't gotten anything in the mail yet, show up to court on that "appear by" date and get a note saying you attended. Then if you ever get anything in the mail, send a copy of that note in and contest ticket. Say you showed but officer did not. Should result in a dismissal unless someone in the court's feeling like a real asshole. :thumbup

 

[scootergmc]

That won't result in a dismissal. There has to be notice given. An initial appearance date does not serve as notice of trial.

I would not do anything by declaration in a case like this. You run the risk of being found guilty as the mechanism for a court to rule on anything written without arraignment would be by declaration (40902 VC and rule of court 4.210), and requires a waiver of rights and posting of bail. It could negatively impact a motion to dismiss for lack of speedy trial (which is what the issue may be here) and you may end up just being guilty, when all you wanted was the court to rule on a speedy trial motion.

 

[Beanzy]

Want to know what happens when a driver fails to appear on the date noted in the citation?

The Superior Court (of the county where a moving violation ticket was issued) mails the driver a notice of intent to assess a civil assessment of $300 for failure to appear.

Lol.

And you betcha, I got to traffic court before 8 a.m. recently to stand in line with other guilty drivers. And the traffic commissioner turned out to be incredibly sympathetic and willing to appear fair.

In your case I find it hard to believe the issuing LEO has yet to put the ticket into the court system. But if I were you, I wouldn't torture myself by checking every week to see if it has.

 

[Slabhappy]

Stop calling and appear, get the note that proves you appeared. This happened to me years ago in San Diego, warrant was issued. I found out YEARS later. Showed the note CASE DISMISSED.