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Question on Statute Of Limitations/California

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Georgelatt

Junior Member
28 or 30 years ago I got a ticket for hitchhiking in California. I think I was supposed to appear in court. I never did.

My question is: did this happen so long ago that it is no longer an issue? If not, and it still is an issue, what's the best way to deal with it?
 


seniorjudge

Senior Member
Georgelatt said:
28 or 30 years ago I got a ticket for hitchhiking in California. I think I was supposed to appear in court. I never did.

My question is: did this happen so long ago that it is no longer an issue? If not, and it still is an issue, what's the best way to deal with it?
The statute of limitations stopped running the moment you got the ticket.

I suspect there is no problem.

But why do you ask now?
 

Georgelatt

Junior Member
Sorry, I don't understand what you mean by "stopped running the moment you got the ticket." Do you mean there is no limitation in this case?

I never attempted to evade or hide or change identity, I just forgot about the whole episode.
 

Litigation!

Senior Member
Georgelatt said:
28 or 30 years ago I got a ticket for hitchhiking in California. I think I was supposed to appear in court. I never did.

My question is: did this happen so long ago that it is no longer an issue? If not, and it still is an issue, what's the best way to deal with it?


My response:

I was fully prepared to advise you on the "worst" way to deal with it, but since you asked for the "best" way, I can't help you.

Why do you want to deal with this NOW, after all these years. That's the question that was asked of you.

IAAL
 

Georgelatt

Junior Member
Here's why I want to deal with it now: I have a bad leg that kept me out of the draft when I was young. This country has been good to me. I'm a computer programmer. The Army needs programmers in unpleasant places. I'm considering becoming a civilian contractor, so I want to know if this is going to be a problem. Other than a few minor traffice tickets and this, I have a clean record.
 

seniorjudge

Senior Member
Georgelatt said:
Here's why I want to deal with it now: I have a bad leg that kept me out of the draft when I was young. This country has been good to me. I'm a computer programmer. The Army needs programmers in unpleasant places. I'm considering becoming a civilian contractor, so I want to know if this is going to be a problem. Other than a few minor traffice tickets and this, I have a clean record.
The SOL is how long the government has to file a criminal charge; you got charged so the SOL is totally irrelevant.

Again, I do not think you have a problem BUT disclose and ask whoever you want a job with to run your background.
 

Litigation!

Senior Member
Georgelatt said:
Here's why I want to deal with it now: I have a bad leg that kept me out of the draft when I was young. This country has been good to me. I'm a computer programmer. The Army needs programmers in unpleasant places. I'm considering becoming a civilian contractor, so I want to know if this is going to be a problem. Other than a few minor traffice tickets and this, I have a clean record.

My response:

I wasn't practicing law 28 or 30 years ago. My "life" began 26 years ago, in 1980. Also, I dont' have access to any laws from 30 years ago. My best "guess" would be that you received an infraction ticket, and that the offence is no longer available in the "system." For all I know, there may well have been a Statute of Limitations on Infractions. Who knows? But, you said that you've received tickets in the interim, and nothing happened to you.

So, do what you have to do.

IAAL
 

CdwJava

Senior Member
You can always inquire if there is a warrant for your arrest dating back to your court date. If there is, it should be easy to clear up as it is very doubtful there will be any means to prosecute the case after so long. If there is no warrant, there is likely no record of the cite anywhere.

- Carl
 

CdwJava

Senior Member
Heather2 said:
I didn't know hitch-hiking is illegal. :eek:
30 years ago? I think it was ... but back then only hippies, commies and pinkos (according to my dad) hitchhiked. :) Now it's generally only unlawful if you do it on the freeways (or onramps), or if you step out into the road. There are other creative ways to prevent hitchhiking as well.

- Carl
 

Litigation!

Senior Member
Heather2 said:
I didn't know hitch-hiking is illegal. :eek:

My response:

At one time, it used to be. Now, hitch-hiking and abortion are legal. Isn't it neato how laws change?

Many people believe hitchhiking is illegal in the United States. This is simply not true. While some states may have quirky laws that can make hitchhiking more difficult, there is no state-wide law that outright prohibits hitchhiking.

The Uniform Vehicle Code (UVC) was established as a set of guidelines related to motor vehicle safety. These 'model laws' were then adopted by individual U.S. States, with changes to the wording where believed necessary. To understand the gist of laws related to hitchhiking in the United States, it helps to go to the source. Below you can find the reprinted code, with interpretations by me, Morgan 'Sal'man.



Uniform Vechicle Code Sections Related to Hitchhiking

UVC § 11- 313(a) Restrictions on use of controlled-access roadway [State authority restrictions]

The (State highway commission) by resolution or order entered in its minutes, and local authorities by ordinance, may regulate or prohibit the use of any controlled-access roadway (or highway) within their respective jurisdictions by any class or kind of traffic which is found to be incompatible with the normal and safe movement of traffic.
The above relates to Interstate Highways and Turnpikes, and is put in place to make sure that vehicles can maintain a steady speed without having to watch out for pedestrians or bicycles.


UVC § 11- 313(b) Restrictions on use of controlled-access roadway [Signs for restrictions]

The (State highway commission) or the local authority adopting any such prohibition shall erect and maintain official traffic-control devices on the controlled-access highway on which such prohibitions are applicable and when in place no person shall disobey the restrictions stated on such devices.
The "Pedestrians Prohibited" signs at the entrance to many Interstate Highways is an example of this. The state of Washington goes above and beyond by placing signs on the shouder of its highways with a hitchhiking thumb and a red slash through it, to make sure hitchhikers understand they cannot stand on the highway shoulder. If there is no prohibiting sign at the entrance to a highway it is technically legal to enter the road, though other laws of safety still apply (see below).


UVC § 11- 506(a) Pedestrians on highways [Sidewalk available]

Where a sidewalk is provided and its use is practicable, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.
This refers mainly to smaller highways in or near towns, where sidewalks are more common.


UVC § 11- 506(b) Pedestrians on highways [No sidewalk available]

Where a sidewalk is not available, any pedestrian walking along and upon a highway shall walk only on a shoulder, as far as practicable from the edge of the roadway.
Accidents and deaths do occur if a pedestrian is too close to the boundary line of a highway. To be safe and within the law, stay off the paved section of the highway shoulder. Allow as much room between you and the driving lane as possible.


UVC § 11- 506(c) Pedestrians on highways [No sidewalk or shoulder available]

Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of the roadway, and, if on a two-way roadway, shall walk only on the left side of the roadway.
The best example of this law in practice is on small, rural highways, where the shoulder is maybe one foot wide or less. In such a case it is illegal to walk with your back to traffic. You must be facing the cars that are closest to you.


UVC § 11- 506(d) Pedestrians on highways [Pedestrian in roadway]

Except as otherwise provided in this chapter, any pedestrian upon a roadway shall yield the right of way to all vehicles upon the roadway.
If for any reason you have to enter the road, vehicles always have priority. Also, if you are standing too close to the road, an officer can ticket you for failing to yield to traffic. (See the definition of roadway further down.)


UVC § 11- 507(a) Pedestrians soliciting rides or business [Soliciting ride]
No person shall stand in a roadway for the purpose of soliciting a ride.
Many people see this law in a state's statutes and assume it means hitchhiking is illegal (especially if the state has modified the wording to say 'no person shall hitchhike in a roadway'). This is not the case. A roadway is the driving lanes of a highway and in most cases does not include the shoulder of the road. See the exact definition of roadway below.


UVC § 11- 507(b) Pedestrians soliciting rides or business [Soliciting work, business, contributions]

No person shall stand on a highway for the purpose of soliciting employment, business, or contributions from the occupant of any vehicle.
As you will see in the terms below, the definition of the word 'highway' includes its shoulders. This means that it is illegal in most places throughout the USA to stand anywhere on a highway to ask for money.


UVC § 11- 512 Pedestrians under influence of alcohol or drugs

A pedestrian who is under the influence of alcohol or any drug to a degree which renders such pedestrian a hazard shall not walk or be upon a highway except on a sidewalk.
There are always cases of pedestrians who attempt to walk or hitchhike home while drunk. There are many reported deaths each year as a result of this (most occurring by locals within city or town limits). Stay off the road altogether while intoxicated. An officer will arrest you if it is believed you are under the influence while on a highway.



Definitions of common words in the code

UVC § 1-129 [§ 1-138] Highway

The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.1
1By the above definition, the terms "street" and "highway" are synonymous and interchangeable.

UVC § 1-156 [§ 1-168] Pedestrian

Any person afoot.

UVC § 1-173 [§ 1-186] Roadway

That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk, berm or shoulder even though such sidewalk, berm or shoulder is used by persons riding bicycles or other human powered vehicles. In the event a highway includes two or more separate roadways the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively.


Keep in mind that not every state in the U.S. has adopted all of the above codes. Some states have omitted certain sections, or combined certain codes into one sentence and further changed the wording. For the most part, though, the laws related to hitchhiking are similar to the above. (To view the specific state laws, visit laws.digihitch.com.)

Legislators have tried to outlaw hitchhiking at different times within the last 80 years, but these attempts have proven futile. How can the government say it is illegal to stand on public property and request a ride from a private party?

Seriously! To make hitchhiking illegal would mean to infringe upon our right to enter into a private contract with another individual. And this is what hitchhiking essentially is. A driver agrees to take a rider a certain distance; the rider agrees to abide by the driver's pre-stated rules and leave the car when asked (i.e., when the ride is up!).

The UVC is mainly concerned with road safety. It is the interpretation of the code which can sometimes be a political maneuver or ego trip for law enforcement. The act of hitchhiking can be abused (just like driving itself), and some organizations would prefer that hitchhiking be banned rather than slightly regulated. But Americans are romantics about their road travel. The less regulation, the better.


IAAL
 

CdwJava

Senior Member
Heather2 said:
Like what? I've had to hitch-hike a few times.
Don't obstruct the sidewalk entirely ... don't have a sign advertising something or asking for donations too near the freeway (many ask for money and some such thing) ... don't be acting funky enough to distract motorists ... don't have an unlicensed pooch with you ... stay off the onramp/offramp ... don't flip off the passing cops (that's a sure way to attract unwanted attention) ... don't wave over passing cars to the curb and start speaking to them in traffic ... and some others.

If you are going to do it, stay completely standing on a sidewalk in a place where cars can legally pull over and out of traffic.

From a pure safety point of view, this is a VERY dangerous act. I would not recommend it to anyone.

- Carl
 

Georgelatt

Junior Member
Hitchhiking

in the case that started this thread, I was hitchhiking on a freeway. it was in the country, during the middle of the day, and there was little traffic. I got dropped off on the freeway, near an exit ramp (the driver pulled over onto the shoulder; it was very safe). as i was walking along the off ramp to get to the on ramp so i could start hitchhiking again, a policeman stopped me and gave me a ticket.
 

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