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  1. #1
    rsposato Guest

    Question

    I have received a notice that I have a $604 obligation for a ticket the was issued to me
    for expired registration on 8/5/92.

    I received this notice yesterday, 3/31/2000.

    The collection agency said I did not provide proof of correction, I did pay the traffic ticket, and went to the office of the CHP but for some reason that did not appear to reach the LA Municipal Court.

    I have two questions.

    1. Is there a statute of limitations for traffic tickets, would it apply to this?

    2. What are my options?

    Ron Sposato
    rrsposato@earthlink.net
  2. #2
    I AM ALWAYS LIABLE is offline Senior Member
    Join Date
    Jan 2000
    Location
    Los Angeles, California
    Posts
    38,165

    Post

    <BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by rsposato:
    I have received a notice that I have a $604 obligation for a ticket the was issued to me
    for expired registration on 8/5/92.

    I received this notice yesterday, 3/31/2000.

    The collection agency said I did not provide proof of correction, I did pay the traffic ticket, and went to the office of the CHP but for some reason that did not appear to reach the LA Municipal Court.

    I have two questions.

    1. Is there a statute of limitations for traffic tickets, would it apply to this?

    2. What are my options?

    Ron Sposato
    rrsposato@earthlink.net
    <HR></BLOCKQUOTE>


    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


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    [This message has been edited by I AM ALWAYS LIABLE (edited April 02, 2000).]
  3. #3
    poor chick Guest

    Unhappy

    I am in the same boat. 12/95 and 2/96 I recieved tickets for past due registration and driving on expired licence 12/95 (officer added a few, seat belt, cracked window etc).

    I have never taken care of these because of finances and then fear I would be arrested.

    Is the statute of limitation on the ticket itself?

    If the D.A. can't prosecute and the collection agency can't collect, can the DMV in CA not allow you to get a new licence?

    I went to the DMV was told to clear ticket with collection agency, can't afford to. How can I have the tickets removed from the DMV file?

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