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No Insurance ticket from 2003

Discussion in 'Speeding Tickets, Traffic & Moving Violations' started by scarab123321, Aug 15, 2017.

  1. scarab123321

    scarab123321 Law Topic Starter New Member

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    Jurisdiction:
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    My dad went to pay a ticket in Taylor, TX and they told him he had an outstanding ticket from 2003 for driving without insurance or something like that. The judge (who is actually only an elected justice of the peace) said that there was no warrant issued at the time or since because the office was short staffed, and ordered him to pay the fine or provide proof he was on insurance at the time in 2003. There has to be a statute of limitations on traffic tickets, or a way to take this to court and have the officer who issued the ticket be a no show and have a dismissal. Is it worth it to fight this? What options does my dad have?
     
  2. army judge

    army judge Super Moderator

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    A very simple and FREE option.

    All he has to do is request a letter from his insurance agent, or the insurance company verifying he was insured on the date in question.

    If he can't do that, he will regret "fighting" the citation.

    It isn't just the initial citation, its also the FTA.

    DMV will also have to be satisfied, as his driving privileges have probably been suspended for the past 14 years!!!
     
  3. scarab123321

    scarab123321 Law Topic Starter New Member

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    Thats just the thing, there was never a warrant issued, and hes gotten his license renewed in the past 14 years. It's strange that this was the first he's hearing of this ticket, not to mention the first time the court has apparently noticed he has an outstanding citation
     
  4. army judge

    army judge Super Moderator

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    Now that the cat is out of the bag, catbag1.jpg many things will mysteriously change.

    There is no SOL on traffic citations as long as bench warrant for FTA has been issued.

    He can discuss this with a local attorney to see how this matter could be handled in JP Court.

    The initial consult is normally at no charge.
     
  5. zddoodah

    zddoodah Well-Known Member

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    That's not true. Nothing says there "has to be a statute of limitations." There may or may not be an SOL, and there typically isn't for this sort of thing.

    Why would you think the case would be dismissed just because the officer didn't show up?

    We know nothing about you or your father and, therefore, are completely incapable of opining intelligently about what is and isn't "worth it" to you or him -- especially since you didn't tell us how much the fine is.

    He has at least the following options: (1) pay the fine; (2) provide the proof of insurance as per the justice of the peace; (3) don't pay the fine or provide the proof and ignore the matter; and (4) initiate some sort of legal action. It should go without saying that the fourth option is far more viable if he hires an attorney.

    Strange but true: to repeat what "army judge" already told you, he can and should contact his auto insurance carrier and requested a coverage letter.
     
  6. mightymoose

    mightymoose Moderator

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    Your dad likely missed his opportunity to fight this many years ago. Had he appeared in court at the time or paid the citation then, it would not be a problem now.
    He apparently never went to court after receiving the citation? Is he disputing that he never received a citation?
     

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