23 y/o summons... seriously

[shannondross]

NY

I just received a letter of summons stating that I have an outstanding ticket from 1988 which, apparently, the trooper failed to enter into the system 23 years ago. Sincerely, I know that these towns are hurting for money but to threaten to suspend the license of someone for a 23 year old, unentered violation_ they've got to be kidding!! Is there a statute which I can quote that states they have no claim to this summons or my driving priv. since it was their mistake 23 years ago? How can any municipality enforce unentered tickets nearly a quarter of a century later?

S RossWhat is the name of your state (only U.S. law)?

 

[HighwayMan]

Troopers don't enter any tickets. How do you jump to that conclusion?

The trooper is probably retired or at the very least has no notes or recollection. The main thing is DO NOT ignore the court notice. The court has every right to suspend your license if you fail to appear in court - no matter how old the infraction is. The suspension would not be for committing the offense it would be for failing to answer the charge and appear in court.

What court is this?

In all likelihood this will be dismissed.

 

[Just Blue]

NY

I just received a letter of summons stating that I have an outstanding ticket from 1988 which, apparently, the trooper failed to enter into the system 23 years ago. Sincerely, I know that these towns are hurting for money but to threaten to suspend the license of someone for a 23 year old, unentered violation_ they've got to be kidding!! Is there a statute which I can quote that states they have no claim to this summons or my driving priv. since it was their mistake 23 years ago? How can any municipality enforce unentered tickets nearly a quarter of a century later?

S RossWhat is the name of your state (only U.S. law)?

So. You want advice on how to duck'n'dodge a ticket you received because the officer over-looked processing due to his other duties...like arresting rapists, dealers and child molesters?

Hire an attorney.

 

[HighwayMan]

And do yourself a favor - don't walk into court with an attitude and start spouting off about the town or village trying to shake you down, making a grab for money, etc. That's nonsense and will get you nothing but a hard time.

 

[shannondross]

Troopers don't enter any tickets. How do you jump to that conclusion?

The trooper is probably retired or at the very least has no notes or recollection. The main thing is DO NOT ignore the court notice. The court has every right to suspend your license if you fail to appear in court - no matter how old the infraction is. The suspension would not be for committing the offense it would be for failing to answer the charge and appear in court.

What court is this?

In all likelihood this will be dismissed.

When we called the number on the letter the girl who answered the phone stated that a trooper issued the ticket and failed to enter it. I am only stating what the clerk on the phone said to me when I inquired about this summons. I believe the summons was issued on a state highway near New City, NY.

I agree that the issuing Trooper is probably retired this far into the game. I did speak with the clerk who was less than pleasant, it was the first thing I did. The second thing I did was to follow her instruction to fax over my plea along with a copy of the letter that I had received. I have a para-legal friend seeking out the actual statutes.

Thank you for the insightful and cognitively significant response.

God bless

 

[shannondross]

So. You want advice on how to duck'n'dodge a ticket you received because the officer over-looked processing due to his other duties...like arresting rapists, dealers and child molesters?

Hire an attorney.

God bless you and keep you always.

 

[Just Blue]

God bless you and keep you always.

And you as well.

 

[shannondross]

And do yourself a favor - don't walk into court with an attitude and start spouting off about the town or village trying to shake you down, making a grab for money, etc. That's nonsense and will get you nothing but a hard time.

Absolutely no attitude here. I have nothing against paying for what I owe, it's more a matter of the fact that I didn't get my licesense until 1991 and they made a mistake when writing this ticket, obviously. Additionally, it's 23 years old so it's clear what is happening and why. I have nothing against legit collections of outstanding fines, but this is crazy.

Thank you for the advice.

God bless

 

[HighwayMan]

Well the clerk has no idea what she's talking about. Police officers/troopers don't enter anything. Actually it should be a court clerk who enters the ticket when the ticket gets to the court.

Again, what court are you dealing with? You didn't seem to anwer this. "Near New City" doesn't tell me which court is handling this matter.

And what statutes is your friend seeking?

 

[shannondross]

And you as well.

I have great respect for police officers no the venue. I was married to a PO for over 15 years and I certain that at some point in his 27 yr career he made at least on mistake. I pay when the fine applies to my actions, however, I didn't have my lic. until 1991. They don't seem to care about that so we have to fight it like it was issued to me and has outlived it's statute. I was hoping to find that statute.

 

[HighwayMan]

What is clearly happening here?

And just because you don't have a license doesn't mean you can't get a traffic ticket. Why would you think that? Did the court provide you with a copy of the ticket?

And again you are not answering questions posed so I won't ask again.

 

[Just Blue]

I have great respect for police officers no the venue. I was married to a PO for over 15 years and I certain that at some point in his 27 yr career he made at least on mistake. I pay when the fine applies to my actions, however, I didn't have my lic. until 1991. They don't seem to care about that so we have to fight it like it was issued to me and has outlived it's statute. I was hoping to find that statute.

How about you just pay the fine you should have paid "way back when"?

 

[shannondross]

Well the clerk has no idea what she's talking about. Police officers/troopers don't enter anything. Actually it should be a court clerk who enters the ticket when the ticket gets to the court.

Again, what court are you dealing with? You didn't seem to anwer this. "Near New City" doesn't tell me which court is handling this matter.

And what statutes is your friend seeking?

The clerk had us address our plea to the "Town Court" in New City, NY. The letter we received didn't even have a fine amount on it. Is that right?

The statute that he is looking for is a statute of limitations since we had never received a notice, this ticket never showed on my record for 23 years and I wasn't a licensed driver until 1991 so there was obviously an error in the license number when the trooper completed the ticket.

Does this help?

 

[shannondross]

What is clearly happening here?

And just because you don't have a license doesn't mean you can't get a traffic ticket. Why would you think that? Did the court provide you with a copy of the ticket?

And again you are not answering questions posed so I won't ask again.

I was not driving the car, I was 14. I am trying to answer your questions as best as I can.

I am waiting for a copy from them.

 

[Just Blue]

I was not driving the car, I was 14. I am trying to answer your questions as best as I can.

I am waiting for a copy from them.

Who was driving the car?