TRAFFIC CITATION Statute of Limitations per previous mbr post; still valid?

[anonadvice06]

What is the name of your state? CA

i have a few CALIFORNIA "assorted" (non-moving) vehicle citations / Park Ranger ticket (dog off a leash, I know) approximately 5 yrs old or more. I have recently relocated to NEVADA, and before attempting to acquire driver license here would like to know if information relative to "Traffic ticket Statute of Limitations" post per Senior Member "I AM ALWAYS LIABLE" dtd 04-02-2000, 06:01 PM is still valid as follows:

My response:

Tell the collection agency to "go pound sand." Your statute of limitations, in California, has long since passed:

Penal Code 801.6. "Notwithstanding any other limitation of time described in this chapter, prosecution for any offense proscribed by Section 368, except for a violation of any provision of law proscribing theft or embezzlement, may be filed at any time within five years from the date of occurrence of such offense."

(Section 368 has to do with Elder Care Abuse)

804. "For the purpose of this chapter, prosecution for an offense is commenced when any of the following occurs: (a) An indictment or information is filed. (b) A complaint is filed charging a misdemeanor or infraction. (c) A case is certified to the superior court. (d) An arrest warrant or bench warrant is issued, provided the warrant names or describes the defendant with the same degree of particularity required for an indictment, information, or complaint."

805. "For the purpose of determining the applicable limitation of time pursuant to this chapter: (a) An offense is deemed punishable by the maximum punishment prescribed by statute for the offense, regardless of the punishment actually sought or imposed. Any enhancement of punishment prescribed by statute shall be disregarded in determining the maximum punishment prescribed by statute for an offense. (b) The limitation of time applicable to an offense that is necessarily included within a greater offense is the limitation of time applicable to the lesser included offense, regardless of the limitation of time applicable to the greater offense."

Since the D.A. can no longer file against you, neither can the collection agency. They're just trying to see if they can collect a debt, that's all. They will try to intimidate you to get the money, but now you know better. Let's now assume, for some reason, they are using the logic that the ticket is also a "contract." Normally, a written and signed contract has limitations period of only 4 years (unless there a some extenuating circumstances, not cogent to your issue). That's even less time than the Penal Code.

So, turn the tables on them. Tell them if they keep harrassing you, or do anything negative to your credit, you'll go after them.

Good luck to you.

IAAL

if so, the majority of last 2 years were spent in a VA hospital, and have not actually driven in over 3 years or more. Thankyou for any replies.

p.s. not trying to "weasel"out, unfortunately all citations status are currently with court assigned "private" collection agency who've jacked up the due amounts into the stratosphere while offering no other "optons" for me to resolve, literally per court advisory.What is the name of your state?

[The Occultist]

Firstly, be a little more careful when posting, and only hit that "Submit" button once, because now you have three threads asking the same thing.

IIAL's response does not apply to you. His answer was likely correct for the situation he was replying to, but I don't know 'cause I didn't read it. I will tell you, however, that statute of limitations does not apply to you. Statute of Limitations, as you read on that other website, refers to the time between when a crime was committed and charges are filed against you; the charges were pressed the moment you received your citation.