Speeding ticket CA statue of limitation

[matt2209]

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

I have speeding ticket in California that happened sometime in 1992 - 1994. I cant remember as I dont have the paper and I dont even know which court it belong to. All I remember it is somewhere on the southern california area. I was driving from LasVegas to San Diego.

The ticket has never been paid and I have never appear in court.
However I have been living in TX for the last 9 yrs and when I check my TX record it show as clear.
There is possibility I have to move to CA or IL

Questions :
- Is there any statue of limitiation that this CA ticket will be erased?
- Does california share this minor traffic violation data with TX or IL?, if yes how come it show I have clear record in TX?
- What happened if I return to live in california? and try to change from TX to CA license?
- What happened if I try to renew my licence in IL?
- What would the fine be if I have to pay now?, I cant remember what was the original ticket, lets assume it was $100, does it mean now became $1,000?
Thanks for the advise.

 

[ignitespeed]

:

Is there any statue of limitiation that this CA ticket will be erased?

I've personally never heard of a ticket being erased due to pro long periods of time.

Does california share this minor traffic violation data with TX or IL?, if yes how come it show I have clear record in TX?

Georgia, Massachusetts, Michigan, Tennessee and Wisconsin Are the 5 States who I BELIEVE don't share records. I would ask the DMV why it never show's up.
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What happened if I return to live in california? and try to change from TX to CA license?

I am unfamiliar with CA law however any unpaid citations , infractions ect.. in MA, you cannot renew your license/registration until they are all paid.
-

What happened if I try to renew my licence in IL?

If your record is clear in TX then we can assume truth holds in IL ?

-

What would the fine be if I have to pay now?, I cant remember what was the original ticket, lets assume it was $100, does it mean now became $1,000?

I have never heard of interest on unpaid citations, I have heard of delayed payment fine's but never interest.

Maybe, just maybe, back in 1992, they didn't have quite the extensive computer information technology cruisers have today, there might be a chance the ticket was lost by the LEO personal.

The DMV Would know everything. I would give them a call, don't worry about it have an adverse effect on you, I doubt an underpaid, over worked DMV Employee will go scrounging around old records in your situation.

Thanks for the advise.[/QUOTE]

 

[The Occultist]

Is there any statue of limitiation that this CA ticket will be erased?

Statute of Limitations refers to the time between when the crime is alleged to have occurred and when charges were brought against you. Charges were brought against you the moment the ticket was written, so SoL does not apply to you.

 

[matt2209]

Thanks to all the have responsed to this questions.

I forgot to state that back in 1998 when I enter DMV to renew, the agent stated that I have an outstanding ticket that has to be resolve before it can be renewed. So here I can see after 4-6 yrs record is still there. But in 1999 I was able to get new license in TX and no questions asked about outstanding ticket.

Frankly I am afraid to give DMV a call because I dont think they know that I am now living in TX and by giving them a call they might be aware??. I cant remember but once I have HI DL so that might be the one they know which indicate I live in HI.

Yes the worker are underpaid, but system can see that for the last 14-16 yrs there were no activity for my record and now there is an inqury which may somehow re-activate sleeping system. May be I have been watching too much TV, but there is a detective/crime (I think its called cold case?) show where an old unsolve case just being stack up and never touch unless new evidance or inquiry brought in and they will be pulled out. Kind a the same thinking I have here.

Trough a friend of a friend, who is CA lawyer they said that if I got pulled over in CA they can brought me to a judge (day or night) and I have to make payment or being put in jail, is this true?

They may also impound my car and possible sell it for the payment?, can this happened?

If I server jail time, does the fine eliminated or do I still have to make payment after getting out?.

Thanks

 

[FlyingRon]

There has been in the past two years a large amount of computer interconnection that didn't used to exist. Lots of old tickets and out-of-state suspensions have been popping up that slipped through the cracks before.

 

[CdwJava]

If you failed to show in court for the hearing, it is possible that an arrest warrant was issued for your failure to appear? If so, then the statute of limitations was stayed as a result of the warrant ... further, because you left the jurisdiction of the state.

You might want to speak with a lawyer who can research it.

- Carl

 

[I_Got_Banned]

The ticket has never been paid and I have never appear in court.

The initial ticket is an INFRACTION. But if you NEVER appeared in court, that means they added a MISDEMEANOR charge of “Failure To Appear”. That makes it serious because of the implications of a Misdemeanor charge being on your record and one that remains unresolved after 16 or so years.

However I have been living in TX for the last 9 yrs and when I check my TX record it show as clear.

That doesn’t mean anything… it can still resurface at any point in time.

There is possibility I have to move to CA or IL

If you do move to California, you’ll have to take care of it for sure.

- Does california share this minor traffic violation data with TX or IL?, if yes how come it show I have clear record in TX?

Could be a number of reasons… The Texas DMV can tell you but you’re too scared to ask!!!!

What happened if I return to live in california? and try to change from TX to CA license?

Then the ticket will show up and you’ll have to take care of it.

What happened if I try to renew my licence in IL?

The Illinois DMV can answer that for you but, again, you’re too scared to ask!!!

What would the fine be if I have to pay now?, I cant remember what was the original ticket, lets assume it was $100, does it mean now became $1,000?

California’s speeding fines are NOT $100. They are approximately: $140, $240 & $340 depending on how many miles over the speed limit you were driving ( 1-15mph, 16-25mph & 26+mph over the limit, respectively). There is also a statuary fine than can be added for the failure to appear. Without knowing what you were cited for, it is difficult to know how much it could be. But it won’t be $100.

You can call the California DMV &/or the Court but you are too afraid to ask!!!

I forgot to state that back in 1998 when I enter DMV to renew, the agent stated that I have an outstanding ticket that has to be resolve before it can be renewed. So here I can see after 4-6 yrs record is still there. But in 1999 I was able to get new license in TX and no questions asked about outstanding ticket.

That does not mean anything. If it was there 4-6 years later, now we have better computers, easier cross referencing, everything is connected and is part of one large network

Frankly I am afraid to give DMV a call because I dont think they know that I am now living in TX and by giving them a call they might be aware??. I cant remember but once I have HI DL so that might be the one they know which indicate I live in HI.

Frankly, the system doesn’t care if you live in HI, TX, IL,… or Cuba for that matter. Things like an outstanding unpaid citation never go away!!!

Yes the worker are underpaid, but system can see that for the last 14-16 yrs there were no activity for my record and now there is an inqury which may somehow re-activate sleeping system.

Let me tell you this from personal experience: “The System”, at least in California, NEVER sleeps!

Trough a friend of a friend, who is CA lawyer they said that if I got pulled over in CA they can brought me to a judge (day or night) and I have to make payment or being put in jail, is this true?

That would make it too convenient for you. Do you really think they’re gonna wake the Judge up in the middle of the night, to discuss you unpaid speeding ticket?
If there is a warrant out for you in California, they’ll just throw you in Jail until the next morning or until you can post bail.
If there is no warrant, chances are, your driving privilege in California is suspended.

They may also impound my car and possible sell it for the payment?, can this happened?

They can impound your car if your driving privilege is suspended. And charge you with a MISDEMEANOR driving on a suspended license. The penalty for that is 10 days in jail + up to $1000 in fines. Now you have two misdemeanors instead of just one!
After the 30 day impound period, if you cannot pay for the impound/towing/storage fees, then they can sell your vehicle to cover the outstanding fees. Also, they are not obligated to find a good buyer or get you a good price. They will auction it off. If they get more than the balance owed, you get the difference; if they get less, they will sue you for that balance.

If I server jail time, does the fine eliminated or do I still have to make payment after getting out?.

The penalty for the infraction (speeding) can only be a monetary fine. However, the penalty for a misdemeanor (failure to appear or driving while suspended) can include some jail time. And yes, the Judge does have discretion to substitute jail time in lieu of a misdemeanor fine.

 

[The Occultist]

Does california share this minor traffic violation data with TX or IL?, if yes how come it show I have clear record in TX?

Google "non-resident violator compact". Learn what it is, but also see that CA isn't actually a part of it.

 

[teenmom]

Hope this helps.
Some years ago, I got a speeding ticket. I had moved 300 or so miles away but I knew I had to take care of this. Unfortunately, when I arrived in town, I received the news that my father-in-law had passed away suddenly. Of course, I turned around and went back home to be with the family. So, I missed my court date. Knowing that I would receive a bench warrant for failure to appear, I wrote a letter to the court explaining my situation. They, in turn, granted an extension to appear at a later date.
My point is that had you have handled this situation from the start you wouldn't be in this situation 16yrs later. You need to face your fears and call or write (snail mail) to the court and explain why you never cleared this up. Just because you moved away doesn't mean the record of this incident did as well. The sooner you do this the better. It's better that YOU "wake up" this case instead of a police officer and face whatever the consequences it brings.

 

[I_Got_Banned]

Hope this helps.
Some years ago, I got a speeding ticket. I had moved 300 or so miles away but I knew I had to take care of this. Unfortunately, when I arrived in town, I received the news that my father-in-law had passed away suddenly. Of course, I turned around and went back home to be with the family. So, I missed my court date. Knowing that I would receive a bench warrant for failure to appear, I wrote a letter to the court explaining my situation. They, in turn, granted an extension to appear at a later date.
My point is that had you have handled this situation from the start you wouldn't be in this situation 16yrs later. You need to face your fears and call or write (snail mail) to the court and explain why you never cleared this up. Just because you moved away doesn't mean the record of this incident did as well. The sooner you do this the better. It's better that YOU "wake up" this case instead of a police officer and face whatever the consequences it brings.

Believe it or not, even after 16 years, matt2209 still gets the same rights as if he had shown up on the date he was initially supposed to appear in court. Only difference is he'll have to pay an additional fine for failing to appear.

By the way, something I forgot tomention in yesterday's post. If you do contact the DMV and then the court, and if in fact you are informed that the citation does still exist, and assuming that no warrant had been issued by the court... If you do actually show up to your newly schedulled court appearance, the "Failure to Appear" charge that was added by the court may be treated as an infraction instead of a misdemeanor. Meaning, the court could not penalize you by sentencing you to pay a fine AND/OR jail time. The only penalty that can be imposed would be a monetary fine.
Again... This MAYBE the case if there was no warrant issued for your arrest.

This can be confirmed with the DMV or the court upon your initial contact and assuming they are able to locate the citation.

Before you can do anything, you need to contact the DMV in California to see which court your outstanding citation is in (assuming it still does exist... Who knows? Maybe it did drop off the face of the planet).

My guess is that you're not even interested in hearing any of this... You're probably headed NORTH from Texas instead of WEST!!!

 

[I_Got_Banned]

Google "non-resident violator compact". Learn what it is, but also see that CA isn't actually a part of it.

Its true that California is not a part of the NRVC, however, you also have:

-> The DLA (Driver's License Act) which even though California is not a memener of that either, theoretically, and I quote;

"The goals of the DLA are to require each state to honor licenses issued by other member states; to require each state to report traffic convictions to the licensing state; to prohibit a member state from confiscating an out-of-state driver's license or jailing an out-of-state driver for a minor violation; and to require each state to maintain a complete driver's history, including withdrawals and traffic convictions including non-DLA states".

-> Then there is also the DLC (Driver's License Compact) which is:

used by States of the United States to exchange information concerning license suspensions and traffic violations of non-residents and forward them to the state where they are licensed known as the home state. Its theme is One Driver, One License, One Record.

Also... you have the latest... The REAL ID Act of 2005, which is a new federal program which had required each of the 50 states to comply by its provisions however the dwadlkine has been extended until 2010. With this one, and assuming it is implemented, will do so on a federal level so as to unify and facilitate the issuance and use of a standardized set of information on every state's driver's license/state issued ID. But it will also require that:

Each state must agree to share its motor vehicle database with all other states. This database must include, at a minimum, all the data printed on the state drivers' licenses and ID cards, plus drivers' histories (including motor vehicle violations, suspensions, and points on licenses).

One way or another, outstanding citations have got to be taken care of... BEAT THE RUSH AND DO IT SOON...