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  1. #1
    Join Date
    Nov 2012
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    Default What's the Statute of Limitations on a Speeding Ticket in Texas

    My questions involve a traffic ticket from the state of: Texas.

    In 2004 I received a speeding ticket for going 80 in a 70 in Texas. I am not a resident of Texas, and after receiving one courtesy notice a few months later totally forgot about the ticket.
    It is now 2012 and here are the facts; The court issued a hold on my drivers license in my state but my state never followed through with that hold. I am now in another state.

    The court issued a Failure to appear fine about 6 months later. Except for the request for a hold on the driver's license there was no complaint or paperwork filed by the court. (I called the clerk and judge's office)

    According to Texas Vehicle Codes Article 12.02 MISDEMEANORS.(b) A complaint or information for any Class C misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward.

    I have found out that the complaint is not the citation as that is simply the charging receipt.

    My questions;

    1. Does the failure to appear constitute as a formal complaint?

    2. Since the SOL has exceeded 2 years (almost 8 years) (Art. 12.02) does that mean I do not need to pay the fine for the

    a)citation

    b)failure to appear and

    c)does the failure to appear also become invalidated.

    3. If the SOL Art.12.02 applies, what is my next step? If it does not, then I can simply pay the fine before they issue a warrant.

    Thanks for any insight!

    Phil

  2. #2
    Join Date
    Mar 2009
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    LA LA Land
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    Default Re: 2004 Tx Ticket Statute of Limitations and Fta, No Complaint No Prosecution

    The Statute of limitation very rarely affects traffic matters since typically the citation is filed in court shortly thereafter. You found out that the complaint is the citation. And the citation was certainly filed in court simply because we know you've received a courtesy notice from the court telling you it was filed and reminding you to pay/appear.

    From there, you failed to appear and then you say:

    [QUOTEPhilip;670397]The court issued a Failure to appear fine about 6 months later. Except for the request for a hold on the driver's license there was no complaint or paperwork filed by the court. (I called the clerk and judge's office)[/QUOTE]

    And 6 months would certainly be within the 2 year time limit.

    So where are you getting the idea that it should all be dismissed because it is now almost 8 years later?


    Quote Quoting Philip
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    Does the failure to appear constitute as a formal complaint?
    The failure to appear is a charge added on by the court,there typically is no need for the prosecutor to file a complains.

    Same for the license hold! It is reported to the Texas DMV (or whatever it is called) which then reports it to the NDR (National Driver Register) and that is where your state can locate it.
    I am right 97% of the time... Who cares about the other 4%!

  3. #3
    Join Date
    Nov 2012
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    3

    Default Re: 2004 Tx Ticket Statute of Limitations and Fta, No Complaint No Prosecution

    So what you're saying is that FTA and the courtesy notice counts toward tolling the SOL, is that right? I wish I would have contested this ticket when I had the chance but that ship has sailed when I neglected to take care of it in a timely manner.

    thanks

  4. #4
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    Default Re: 2004 Tx Ticket Statute of Limitations and Fta, No Complaint No Prosecution

    Quote Quoting Philip
    View Post
    So what you're saying is that FTA and the courtesy notice counts toward tolling the SOL, is that right? I wish I would have contested this ticket when I had the chance but that ship has sailed when I neglected to take care of it in a timely manner.

    thanks
    The courtesy notice has nothing to do with the statute of limitations. It is only an indication that the citation was filed in court.

    Now that you asked this question, it is clear that you misunderstood the meaning of statute of limitations. It has very little to do with when the case is prosecuted. So you waiting 8 years before handling this matte had nothing to do with whether it was valid or whether the charges will stand until the matter is handled.

    The statute of limitations applies to the period between the time the offense is committed (or discovered in some instances) and the time that charges are filed in court.

    So lets say you were cited in April of 2004, they then have until April of 2006 to file that citation (which often works just as well as a charging document). As long as the case is filed in court within the period of the S.O.L., two years in this case, the matter is valid and will remain pending until you handle it to the satisfaction of the court. Its never going to go away on its own. The fact that ALL states share information about traffic licenses and their status, and while it may take a while before you go in for a renewal or move from one state to another, it is hard to escape one no matter how long it takes before they track it somehow.
    I am right 97% of the time... Who cares about the other 4%!

  5. #5
    Join Date
    Nov 2012
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    3

    Default Re: 2004 Tx Ticket Statute of Limitations and Fta, No Complaint No Prosecution

    @that guy;

    thanks for the education. Fortunately the fines aren't terrible and this is a relatively easy fix now.

  6. #6
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    Mar 2009
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    Default Re: 2004 Tx Ticket Statute of Limitations and Fta, No Complaint No Prosecution

    Quote Quoting Philip
    View Post
    @that guy;

    thanks for the education. Fortunately the fines aren't terrible and this is a relatively easy fix now.
    Glad to hear it... And glad I can help.

    Make sure you get some sort of confirmation from the court that the license hold was removed, confirm that with the Texas DMV and subsequently verify the whole thing with the DMV in your state. Some states may require a reinstatement fee before you are good to drive.
    I am right 97% of the time... Who cares about the other 4%!

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