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Is there no statute of limitations on traffic citations!?

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J

JuJubes

Guest
My husband got a speeding ticket in NC in 1990. We moved to Louisiana from Virginia and when he went to get a LA license, they told him he had to clear up his ticket from NC... from 12 years ago.

Does the statute of limitations not apply only in cases of murder... and traffic violations?! This ticket isn't on his record - will not go on his record, has never been on his record - all they want (of course!) is money. No debt collector could enforce a debt this old - are we really obligated to pay this??
 


P

plifter

Guest
I'm confused, if the ticket is not on his record then how did another DMV find out about it? If your husband did not pay his ticket or show up on his court date then a judge would have issued a bench warrant for his arrest. This is likely what has happened. I would recommend conttacting the prosecutor's office in NY to clear it up.

A statute of limitations refers to the amount of time that can elapse before you are charged. Your husband was charged when he received the ticket. If he was just now being charged for speeding in NC 12 years ago then I would say that there would definately be some sort of statute of limitations. (I don't think they would have much of a case if they stopped him in 2002 and said "you were speeding in 1990".)
 

racer72

Senior Member
The warrant will have to be dismissed or quashed before your hubby can get his Texas license. This means either your hubby or a lawyer in NC will have to go to court. If there is a SOL on the citation, whoever goes to court will have to ask the judge to quash the warrant. What will most likely happen is that the fine (and possibly some interest) will have to be paid, the ticket goes on the driving record. The warrant is dismissed and your hubby can get his Texas license. You need to contact an attorney in NC to find out what your options are.

You are comparing apples to oranges in your analogy of an unpaid traffic ticket and murder. The statute of limitations as it applies to law is the time from being charged till your are arrested. In the case of a traffic ticket, you are charged and held (considered the arrest) at the time of the traffic stop. You are then told of your options to bring the situation to a satisfactory end and are then released on your own recognizence. If you are charged with a more serious crime and are arrested for it years later, then the SOL for certain crimes apply.
 
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