View Full Version : Statute of limitations on traffic tickets in CA??
Ichiro
08-20-2006, 06:34 PM
I haven't lived in CA in over 12 years, but I think I had an outstanding traffic ticket that I didn't pay the fine before I left the state. I know I know, but my excuse is that I was a stupid irresponsible kid at the time.
Now that I'm moving back to CA in a couple weeks should I try to pay off the fine or has enough time passed that it won't matter? Or even worse is there a warrant for my arrest out there :( I can't even remember which county it was from.
Ichiro
08-20-2006, 06:43 PM
Forgot to add, that any advice on the best way to rectify the situation would be appreciated.
California law wants you to report a change of address within 10 days after changing addresses, but you should apply for a new California driver license (CDL) and register your vehicles for California, too, while you're at the DMV.
ref. Calif. DMV webpage (http://www.dmv.ca.gov/dl/dl_info.htm#2500)
As you previously had a CDL, have DMV printout your driver's history. DMV will likely check this in your presence to determine if you're able to obtain a new CDL, anyway. This printout will indicate any open citations and let you know what traffic court is administering that open case. Open cases can be on your record for several years and in some cases, up to 10 years. The printout will not indicate whether the open case has become a warrant or not.
The indicated traffic court on the printout includes a phone number. Call them and find out what the traffic court needs to clear your record.
If you do have a warrant, there may be various options and that becomes a case-by-case issue.
If anybody wants there warrant (from any county) exercised/executed, feel free to search me out. Currently, I can be found at the San Jose Traffic Court. Some fellow BARFers have already taken me up on this offer!
motorman4life
08-20-2006, 10:03 PM
Even after 12 years, you could have a warrant. There is no way of telling. The SOL on the initial violation may have run out, but the FTA violation is continuous and recurring as long as the court wants to (and remembers to) keep it active. If they have sent notices continuously to your address of record, your warrant is still active.
I can't imagine a court doing this for an infraction, but I have seen stranger things.
Good luck with that!
NVR FNSH
08-20-2006, 11:43 PM
I covered another officer on a traffic stop where the driver ended up having a 10 y/o FTA warrant..... Fortunately for the driver the issuing court couldn't confirm the warrant - literally they couldn't find it - so he didn't go to jail over a piddly $1000 warrant.
Brian
Easy way is to call the county court or sheriff department that you got the citation in. Tell them the situation and let them run your name. They can tell you if you have a warrant. Then contact DMV as L-2 advised and get a copy of your record. It will either show expired (Because you moved) or suspended (Because of the FTA). You will not be able to get a California license until you clear it up if it’s suspended.
And don't count on getting by on the license from the state you are moving from. By California law you have 10 days from the time you establish residency to get a license here. After that you are considered an unlicensed driver.
http://www.dmv.ca.gov/faq/genfaq.htm#BM2547
NorCalBusa
08-21-2006, 06:46 PM
I'd wager the cop writing the tag won't show or remember it- so at least you'll get out of that. The FTA might sting a bit though.
Bikerx260
08-21-2006, 11:01 PM
Once you find out what jurisdiction it is from, you can usually ask the judge to pay a higher FTA fine to avoid the point from going on your record. Remember it is all about tax collection!
I did this for 14 of 15 tickets several years back, and the only judge that didn't let me slide was one Traffic Court judge in San Mateo that knew me by my first name.
Oops.
Originally posted by NorCalBusa
I'd wager the cop writing the tag won't show or remember it- so at least you'll get out of that.
Actually not. When it goes to trial and you are not there, the officer presents the evidence and then the judge finds you guilty because there is no evidence (You) to dispute it. So they would have already been found guilty, on the driving record as a conviction, and a $300 added civil penalty find added to the original fine. And possibly interest charged by the court for all these years.
Ichiro
08-22-2006, 12:18 PM
So I have contacted the county clerk and it turns out I do have an outstanding ticket from 1993 (!) that I owe $500, but there is no warrant for my arrest (whew). I'm going to pay this off as soon as possible.
However I also called the DMV and they said my original CA license is not suspended or anything, just expired... so I guess I got lucky there. I won't be able to get to the DMV for a couple weeks anyway, so I guess this works out.
Thanks for the advice!
Since its been so long, ask the court clerk if they can reduce the fine to clear it since you are willing to pay it off after all these years.
dogcatfud
08-23-2006, 09:33 AM
Originally posted by Ichiro
So I have contacted the county clerk and it turns out I do have an outstanding ticket from 1993 (!)
Your profile states you were born in 1980. How is it possible that you received a traffic violation at 13?
Ichiro
09-01-2006, 01:10 PM
Originally posted by dogcatfud
Your profile states you were born in 1980. How is it possible that you received a traffic violation at 13?
Oops! wrong birthday. I was actually 20 at the time
Well, I spent an hour at SC traffic court today getting it all straightened out. It took extra time because the ticket was so old it wasn't on their new "computerized" system and they had to look it up the paper records. They also told me I didn't really have to pay it off because it was never reported to the DMV for some reason, and it didn't show up on their current system. I paid it off anyways.
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