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  #1  
Old 08-21-2005, 03:07 AM
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Statute of Limitation on Traffic Violation?


About two months ago, I received a letter from a collection agency in Columbus, OH. They claim that I have an unpaid ticket for Illegal Left Turn from 1993. Funny how it came up after they had trouble paying the bill for the new courthouse...hmmmm... But I digress...

I am very diligent about these kinds of things and am absolutely positive that I have already paid it. In addition, I left the state for TN in 1995. To obtain a TN license, the DMV there contacts the DMV here to make sure the license you turn over is authentic and in good standing. Needless to say, I got my TN license with no problems. In 1996 I went overseas as a military dependant. Dependants do not receive an overseas drivers license without the stateside license in good standing. Again, I received my license without difficulty. In 1998 I moved back to OH. At this time my license was expired, as I had been overseas. Again I received my license with no difficulty. I also was not asked to take an exam, written or otherwise, to do so. In 2001 my license was suspended due in part to the lead foot I developed while in Germany. (The AutoBahn is GREAT!!! I highly recommend it!!! ) Once again I had no difficulty in regaining my license. The infraction in question was also not listed in any form. I recently obtained a new job. They run background checks like they are going out of style in every state and city that you have lived in in the last 15 years. Still nothing...

How is it that this could have, theoretically of course, "fallen through the bureaucratic cracks" so many times? Is there a statute of limitations on moving/traffic violations in OH? If so, where can I find it so that I may quote it chapter and verse? Has anyone ever heard of a collection agency handling a traffic ticket? It goes without saying that about a year and a half ago, I cleaned out the old file cabinets and file boxes and burned the items from that era....as they were ten or more years old. How would I go about getting a cancelled check from a bank that at that time returned checks to its customers and no longer exists under the name I knew it? Any help would be much appreciated

Last edited by RedWonder; 08-21-2005 at 03:10 AM.
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  #2  
Old 08-21-2005, 11:39 AM
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I am in a similar situation with Columbus. You can read a summary down below under "Need Advice!!!".
I had an unpaid ticket for Expired Tags from 1996 that went to collections. The court clerk told me there was a warrant on me for the ticket, but I had two extensive background checks and it didn't show up on either.
I paid the ticket, and THEN Franklin County suspended my license for not showing proof of insurance back in 96.
So, yes, they can send it to collections, and no, there is no statute of limitations.
You are probably going to have to pay the ticket, but if you didn't show proof of insurance, they will suspend your license when you finally pay it.
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  #3  
Old 08-22-2005, 04:18 PM
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Originally Posted by RedWonder
About two months ago, I received a letter from a collection agency in Columbus, OH. They claim that I have an unpaid ticket for Illegal Left Turn from 1993. ...... Is there a statute of limitations on moving/traffic violations in OH? If so, where can I find it so that I may quote it chapter and verse?
I have read laws in several states, but NOT Ohio. In other states the statutes describe proceedures for the internal handling of citations...the course of them from enforcement agency to court records, as well as the issuance of warrants when tickets go unpaid. Some mention time limits in proceedures. In all probablility the citation (presuming there was one) may be negated by failure of internal systems. If you have a collection agency involved, how do you know the action originates with either law enforcement or a court...or that the matter is even connected to government? If this is a product of law, and not a scam, a lawyer is indicated to handle the untangling.
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Old 08-23-2005, 02:44 PM
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Exclamation

Same issue here


undefined Looks like i have a friend with the same type of issue in Illinois.

She was just trying to buy another handgun, with proper FOID card and all this. Was now told she had a traffic violation in some town she went to college in, 10 years ago. Funny they issued her how many new licenses and a firearm owners card through how many background checks and this never came up?

Any time limit on such things? She would like to just pay it and say this is done, but some officer calls to threaten to take away her foid rights and guns because of a traffic screw up. Someone messed up here and she would have found out ages ago and taken care of this. They messed up, how long do they get to play around with this stuff?
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Old 08-23-2005, 10:10 PM
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If you have a collection agency involved, how do you know the action originates with either law enforcement or a court...or that the matter is even connected to government? If this is a product of law, and not a scam, a lawyer is indicated to handle the untangling.[/quote]

The letter from the collection agency specifically states the collection activity is for any unpaid ticket. I requested and received a copy of said ticket although it looked like it had been laundered several times before the copy was made.

So I hire a lawyer, which I can ill afford, and he/she gets me out of the ticket. Then I receive something in the mail stating that they are going to suspend my license? I live in another state at this time so I don't think they can do anything as far as my license here is concerned--my attorney here is looking into it from this side. I guess my real concern is if or when I visit the state again, will they potentially be looking for me?

The letter went to my dad's house and he forwarded it to me after he called and read it over the phone. All correspondence has gone there regarding this situation. I also know that if the collection agency really wants to find me they can. (I recently started working for one....amazing what can be found for free on the internet!)

Also, no offense intended here--just going on my personal experiences, I have absolutely no reason to trust any lawyer in the whole of Franklin County OH. The ones I have had the misfortune to deal with on any level (to include when they worked for me) have been con artists who picked every possible penny out of my pocket and then left me high and dry while the ink was still wet on the last check I wrote to them. I would appreciate any referrals anyone on here might have.

Is it possible that there is a statute? I know with other consumer collection issues, there is a statute which requires that activity be current particularly when its getting close to the due date to write off the debt in question. (I collect for student loans--a very different situation...)
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  #6  
Old 08-24-2005, 01:59 PM
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Quote:
Originally Posted by RedWonder
[i] So I hire a lawyer, which I can ill afford, and he/she gets me out of the ticket. Then I receive something in the mail stating that they are going to suspend my license? I live in another state at this time so I don't think they can do anything as far as my license here is concerned--my attorney here is looking into it from this side. I guess my real concern is if or when I visit the state again, will they potentially be looking for me?
Most states subscribe to a thing called "Non-resident Violator Compact", each agreeing to suspend the driver's licence in the home state, if a traffic citation is not handled through the state where issued. (A few states do not belong, I understand, but you should check into this...or your lawyer should.) The importance of pushing this to conclusion, as soon as possible, resides in difficulties being doubled (tripled, actually) when two bureaucracies enter the picture. Your home state will offer a hearing, but that's ordinarily a farce, because home states tend to be rubber stamps for the citation-issuing state. Also, you gotta keep good records of all twists and turns, all correspondence, and use registered mail. Any future hassle will go against you if you can not show, conclusively, that your end of the proceedure was attended to responsibly.
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