23 y/o summons... seriously

[shannondross]

Who was driving the car?

I wasn't there so I don't know. The trooper made a mistake with the license number; it doesn't belong to me or anyone I know/knew.

 

[HighwayMan]

The clerk had us address our plea to the "Town Court" in New City, NY. The letter we received didn't even have a fine amount on it. Is that right?

Okay well that answers the question. I thought it was simple enough. Anyway do you know what the charge is? I wouldn't worry too much about the fine because I don't think you'll be paying it.

The statute that he is looking for is a statute of limitations since we had never received a notice

That would be in the Criminal Procedure Law. Don't know where it is off the top of my head. I think the fact that this hasn't been dismissed already is a bit odd. It's one thing if they're claiming you never answered it but if they're saying the ticket was just recently found that's pretty clear cut.

this ticket never showed on my record for 23 years and I wasn't a licensed driver until 1991 so there was obviously an error in the license number when the trooper completed the ticket.

It won't show on your record - only convictions do.

And you don't know what the trooper wrote on the ticket. No license number is necessary since other forms of identification can be used. That, in itself, does not mean there is an error.

 

[HighwayMan]

New York State Criminal Procedure Law section 30.10 subsection 2(d) lists the "statute of limitations" for petty offenses as one year from date of offense.

A traffic infraction is a petty offense.

 

[HighwayMan]

I wasn't there so I don't know. The trooper made a mistake with the license number; it doesn't belong to me or anyone I know/knew.

Just curious how you know it was a trooper.

And did you get a copy of the ticket? How else do you know the license number written on it?

 

[shannondross]

Anyway do you know what the charge is?

It states unsafe passing as the offense.


That would be in the Criminal Procedure Law. Don't know where it is off the top of my head. I think the fact that this hasn't been dismissed already is a bit odd.[/QUOTE]

This whole thing to me is odd. At first I thought it was a scam, I couldn't believe that anyone would attempt to enforce something 23 years old. That's just so strange to me.


It's one thing if they're claiming you never answered it but if they're saying the ticket was just recently found that's pretty clear cut.[/QUOTE]

They are claiming BOTH. They said that I ignored it when it was issued and additionally they admitted to failing to enter it which is why they never followed up on collecting until now. It's crazy!

It won't show on your record - only convictions do..[/QUOTE]
Had they entered it and I had ignored it, that would have caused it to show, is that correct?

And you don't know what the trooper wrote on the ticket. No license number is necessary since other forms of identification can be used. That, in itself, does not mean there is an error.[/QUOTE]

I am waiting for the copy but the letter had my license number which wasn't issued until 1991. Isn't that proof enough that it was an error?

 

[HighwayMan]

They are claiming BOTH. They said that I ignored it when it was issued and additionally they admitted to failing to enter it which is why they never followed up on collecting until now. It's crazy!

Okay so the start of prosecution is when the ticket was issued. I am tired and wasn't thinking in those terms. So the statute of limitations does not apply here.

Had they entered it and I had ignored it, that would have caused it to show, is that correct?

No, only convictions get recorded. But it would have resulted in a suspension of the license.

I am waiting for the copy but the letter had my license number which wasn't issued until 1991. Isn't that proof enough that it was an error?

No, because the court does not know when the client id was created. DMV may not know either at this point.

Main thing is to get a copy of the ticket. Even if there is no issue with license information the date of birth should clearly show it wasn't you since you were 14 at the time.

You may have to put up with some inconvenience by appearing in court to deal with this but don't lose patience with it and think it's the town just trying to collect a fine. They have their procedures to follow to get this resolved so you'll have to go along with it.

Please update us with information as you get it.

 

[shannondross]

Thank you for your insight and assistance. I will try to keep you all posted.

Okay so the start of prosecution is when the ticket was issued. I am tired and wasn't thinking in those terms. So the statute of limitations does not apply here.





No, only convictions get recorded. But it would have resulted in a suspension of the license.



No, because the court does not know when the client id was created. DMV may not know either at this point.

Main thing is to get a copy of the ticket. Even if there is no issue with license information the date of birth should clearly show it wasn't you since you were 14 at the time.

You may have to put up with some inconvenience by appearing in court to deal with this but don't lose patience with it and think it's the town just trying to collect a fine. They have their procedures to follow to get this resolved so you'll have to go along with it.

Please update us with information as you get it.

 

[LdiJ]

I was not driving the car, I was 14. I am trying to answer your questions as best as I can.

I am waiting for a copy from them.

Show up for court. Bring a copy of your birth certificate to prove that you were only 14 in 1988. I suspect that the ticket will get dismissed.

 

[HighwayMan]

A birth certificate itself won't help here. She has a valid New York State license which is all that's necessary to show who she is.

 

[TinkerBelleLuvr]

She needs the BIRTH CERTIFICATE as further evidence of her age. My mom actually LIED her age with her original driver's license. She had heck of a time when she was old enough to get social security.

At 14, were you living anywhere NEAR this town?

 

[davew128]

She needs the BIRTH CERTIFICATE as further evidence of her age. My mom actually LIED her age with her original driver's license. She had heck of a time when she was old enough to get social security.

Birth certificates have been required to get DRIVER'S LICENSES since at least when I got mine and I'm older than the OP. I assure you any court check on the OP and her driving record will not only come back with the age she was issued her DL but also her DOB. A birth certificate is not needed here.