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  1. #1
    Join Date
    Nov 2006
    Posts
    1

    Default Statute of Limitations for Traffic Appeal in Texas

    My daughter received a speeding ticket 10/04. It was more than 25 mph over the speed limit so she couldn't do Defensive Driving to keep it off of her record. She paid an attorney $100 to appeal it. So far, there has been no notice of the appeal. The attorney at one point said the case was lost. Is there a time limit that the courts need to provide the appeal? The attorney represented her in court, asked for the appeal, and nothing has happened in two years. Thanks for your help

  2. #2
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Statute of limitations for traffic appeal in Texas

    I don't know much about Texas law, but in WA you would have 30 days to file an appeal (exceptions to this are considered a "miracle"). Once an appeal is filed, a clock starts ticking. You have certain things (such as briefs) which are due in certain time frames (these you can usually get at least ONE extension on -- you must request the extension -- but don't count on it).

    The attorney should have filed the "notice of appeal". After that he/she should have filed the "appellant's brief" within the required time. When you gave the attorney the $100 for the appeal, did you sign any form of contract? I hate to say it, but it sounds like the ticket stands, plus you're out the additional $100.

    Or so it appears from my point of view,
    Barry

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