# How long does a warning (speeding) stay on the books?

**URL:** <https://boards.straightdope.com/t/how-long-does-a-warning-speeding-stay-on-the-books/324928>\
**Category:** Factual Questions\
**Created:** [October 5, 2005, 6:19pm UTC](https://boards.straightdope.com/t/how-long-does-a-warning-speeding-stay-on-the-books/324928 "2005-10-05T18:19:23Z")\
**Posts on this page:** 20\
**Page:** 2

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**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\
**Post date:** [November 20, 2017, 6:12am UTC](https://boards.straightdope.com/t/how-long-does-a-warning-speeding-stay-on-the-books/324928/21 "2017-11-20T06:12:31Z")

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> [@edwardcoast](#):
>
> Because people are childish and self-centered and think they know better about breaking the law.

Maybe. But keep in mind that traffic violations are the only offense that the law has an established “warning”.

Petty theft, misdemeanor battery, disorderly conduct, etc, etc… None of those infractions have clauses in the law that allow for you to be told “don’t do it again” and set you on your way.

This is because the law recognizes people slip up now and then and as a society we’ve established a mercy clause of sorts. I think everybody would be miserable if every single time they got stopped they got an expensive fine, demerit points, and higher insurance premiums.

It’s been tried and it did not lead to higher compliance rates nor safer roads.

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**Author:** ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)\
**Post date:** [November 20, 2017, 9:04am UTC](https://boards.straightdope.com/t/how-long-does-a-warning-speeding-stay-on-the-books/324928/22 "2017-11-20T09:04:09Z")

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> [@t-bonham@scc.net](#):
>
> Because then you’ll get rear-ended by other drivers who are ‘moving at the speed of the traffic’?

They’ll be the ones paying for my repair bills since they were at fault and driving recklessly.

> [@](#):
>
> Because most of the speed limits on roads are now set by a political process, rather than the expertise of traffic engineers or road designers. We have many roads designed for an expected speed, with various design elements built-in to subtly encourage drivers to stay near that speed – but now the speed limit there is less than that design speed. So drivers routinely ignore these political speed limits, all over the country.

Those drivers can get tickets if they want. I’ve never once gotten a ticket for _not speeding_.

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**Author:** ![Boozahol\_Squid\_P.I](https://avatars.discourse-cdn.com/v4/letter/b/d9b06d/32.png) [@Boozahol\_Squid\_P.I](https://boards.straightdope.com/u/Boozahol_Squid_P.I)\
**Post date:** [November 20, 2017, 2:02pm UTC](https://boards.straightdope.com/t/how-long-does-a-warning-speeding-stay-on-the-books/324928/23 "2017-11-20T14:02:13Z")

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> [@pkbites](#):
>
> Maybe. But keep in mind that traffic violations are the only offense that the law has an established “warning”.
> 
> Petty theft, misdemeanor battery, disorderly conduct, etc, etc… None of those infractions have clauses in the law that allow for you to be told “don’t do it again” and set you on your way.

I don’t think this is true. I’ve seen plenty of instances where cops have broken up a fight without hauling both participants into jail, or have told a bunch of college students to quiet down and go inside without citing them for drunken disorderly (or is it drunk and disorderly?) conduct.

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**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\
**Post date:** [November 20, 2017, 2:13pm UTC](https://boards.straightdope.com/t/how-long-does-a-warning-speeding-stay-on-the-books/324928/24 "2017-11-20T14:13:11Z")

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> [@pkbites](#):
>
> Maybe. But keep in mind that traffic violations are the only offense that the law has an established “warning”.
> 
> Petty theft, misdemeanor battery, disorderly conduct, etc, etc… None of those infractions have clauses in the law that allow for you to be told “don’t do it again” and set you on your way.

Traffic violations are civil offenses. All of the others you list are criminal offenses.

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**Author:** ![whitetho](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whitetho/32/1059_2.png) [@whitetho](https://boards.straightdope.com/u/whitetho)\
**Post date:** [November 20, 2017, 3:33pm UTC](https://boards.straightdope.com/t/how-long-does-a-warning-speeding-stay-on-the-books/324928/25 "2017-11-20T15:33:53Z")

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> [@Raguleader](#):
>
> Yeah, I mean, who knows if that guy is even still on here? 😃

You’re alive! We thought you was [turned into] a toad!

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**Author:** ![rainy](https://avatars.discourse-cdn.com/v4/letter/r/c2a13f/32.png) [@rainy](https://boards.straightdope.com/u/rainy)\
**Post date:** [November 20, 2017, 4:03pm UTC](https://boards.straightdope.com/t/how-long-does-a-warning-speeding-stay-on-the-books/324928/26 "2017-11-20T16:03:48Z")

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> [@Raguleader](#):
>
> Yeah, I mean, who knows if that guy is even still on here? 😃

Twelve years!!! Dang, my foot still unconsciously comes off the accelerator on that strip of road.

-rainy

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**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\
**Post date:** [November 20, 2017, 4:57pm UTC](https://boards.straightdope.com/t/how-long-does-a-warning-speeding-stay-on-the-books/324928/27 "2017-11-20T16:57:48Z")

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> [@CookingWithGas](#):
>
> Traffic violations are civil offenses. All of the others you list are criminal offenses.

First of all, irrelevant. Name one other violation of law that has a clause that allows for a peace officer to just warn you and not charge it. Traffic infractions routinely have 3 outcomes: Citation, Written warning, verbal warning. Name any other violation of law that has a statutory allowance for a warning with no charges issued.

Second of all, you are incorrect, at least regarding my jurisdiction. Petty theft, battery, and disorderly conduct can all be charged as civil (non-criminal) ordinance violation. So mlah. 😛

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**Author:** ![Clothahump](https://avatars.discourse-cdn.com/v4/letter/c/51bf81/32.png) [@Clothahump](https://boards.straightdope.com/u/Clothahump)\
**Post date:** [November 20, 2017, 5:15pm UTC](https://boards.straightdope.com/t/how-long-does-a-warning-speeding-stay-on-the-books/324928/28 "2017-11-20T17:15:52Z")

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> [@CookingWithGas](#):
>
> Traffic violations are civil offenses. All of the others you list are criminal offenses.

Ummm…not in Texas. The majority of traffic violations are Class C misdemeanors, punishable by fine only. However, if there is injury or property damage or impairment of some sort (booze,drugs, etc.), the seriousness of the offense goes up, and can go into the felony levels.

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**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\
**Post date:** [November 20, 2017, 8:24pm UTC](https://boards.straightdope.com/t/how-long-does-a-warning-speeding-stay-on-the-books/324928/29 "2017-11-20T20:24:32Z")

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> [@pkbites](#):
>
> Second of all, you are incorrect, at least regarding my jurisdiction.

Which is what?

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**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\
**Post date:** [November 20, 2017, 8:32pm UTC](https://boards.straightdope.com/t/how-long-does-a-warning-speeding-stay-on-the-books/324928/30 "2017-11-20T20:32:51Z")

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> [@pkbites](#):
>
> Name one other violation of law that has a clause that allows for a peace officer to just warn you and not charge it.

In many jurisdictions (possibly most, possibly all, too many to cite) LEOs have power of discretion. Here is [policy from Fredericksburg, Va.](https://www.fredericksburgva.gov/DocumentCenter/View/5838), and the law is cited within. (PDF file) This is not just for traffic violations.

> [@](#):
>
> The Chief of Police delegates to each sworn police officer of this Department the authority of  
> providing alternatives to arrest, as described in these Codes. The Fredericksburg Police Department authorizes the following alternatives to custodial arrest:  
> • Release on Summons  
> • Written Warning  
> • Verbal Warning  
> • Intake Referral (Juveniles)

I’ll research your jurisdiction if you reveal it.

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**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\
**Post date:** [November 21, 2017, 1:16am UTC](https://boards.straightdope.com/t/how-long-does-a-warning-speeding-stay-on-the-books/324928/31 "2017-11-21T01:16:01Z")

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> [@Boozahol\_Squid\_P.I](#):
>
> I don’t think this is true. I’ve seen plenty of instances where cops have broken up a fight without hauling both participants into jail, or have told a bunch of college students to quiet down and go inside without citing them for drunken disorderly (or is it drunk and disorderly?) conduct.

Yes, but the law [for the most part] does not specifically establish a warning system for such violations. Discretion and a statutory establishment of warnings is not the same thing. Some of you need to understand the difference between the two.

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**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\
**Post date:** [November 21, 2017, 1:22am UTC](https://boards.straightdope.com/t/how-long-does-a-warning-speeding-stay-on-the-books/324928/32 "2017-11-21T01:22:27Z")

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> [@CookingWithGas](#):
>
> LEOs have power of discretion[

Like I said, discretion and a statutory establishment of a warning system are not the same thing.

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**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\
**Post date:** [November 21, 2017, 2:21am UTC](https://boards.straightdope.com/t/how-long-does-a-warning-speeding-stay-on-the-books/324928/33 "2017-11-21T02:21:47Z")

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> [@pkbites](#):
>
> Like I said, discretion and a statutory establishment of a warning system are not the same thing.

Please cite statute from the jurisdiction of your choice that establishes a warning system for violation of any law of your choice.

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**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\
**Post date:** [November 21, 2017, 8:31am UTC](https://boards.straightdope.com/t/how-long-does-a-warning-speeding-stay-on-the-books/324928/34 "2017-11-21T08:31:20Z")

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> [@CookingWithGas](#):
>
> Please cite statute from the jurisdiction of your choice that establishes a warning system for violation of any law of your choice.

There isn’t. That’s my point. But for traffic there is a written warning citation that is almost identical to an actual UTC. In the space where the fine/deposit is usually written is the term N/A. On the top it says “Notice of Violation”. And on the bottom it says “Warning”. Then there is a space for the actual violation and such. The back has an area for notes and says WI DOT on it.

I don’t have the option of using something like this for any other violation of law. If I get dispatched to a supermarket because the store detective nabbed a shoplifter I don’t have a warning cite for ordinance retail theft. It just doesn’t exist. I suppose a local municipality could have them on their own but I’ve never seen them.

ETA: I almost never use the written warnings. Why would I go through the hassle of writing all that out for a warning when I can just issue a verbal? Their legal consequence are the same.

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**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\
**Post date:** [November 21, 2017, 6:33pm UTC](https://boards.straightdope.com/t/how-long-does-a-warning-speeding-stay-on-the-books/324928/35 "2017-11-21T18:33:11Z")

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> [@pkbites](#):
>
> There isn’t. That’s my point. But for traffic there is a written warning citation that is almost identical to an actual UTC. In the space where the fine/deposit is usually written is the term N/A. On the top it says “Notice of Violation”. And on the bottom it says “Warning”. Then there is a space for the actual violation and such. The back has an area for notes and says WI DOT on it.
> 
> I don’t have the option of using something like this for any other violation of law.

The fact that the citations are printed like that doesn’t mean it’s statutory. You said “statutory establishment of a warning system” and I am looking for the statute.

I take it that you are an LEO.

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**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\
**Post date:** [November 23, 2017, 12:03pm UTC](https://boards.straightdope.com/t/how-long-does-a-warning-speeding-stay-on-the-books/324928/36 "2017-11-23T12:03:11Z")

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> [@CookingWithGas](#):
>
> The fact that the citations are printed like that doesn’t mean it’s statutory. You said “statutory establishment of a warning system” and I am looking for the statute.
> 
> I take it that you are an LEO.

Dang. The gophers ate my reply. That hasn’t happened in ages.  
I think I have a warning ticket book in my squad briefcase. IIRC on the back it says something akin to "under the authority of SS#xxx (state statute). I haven’t issued one of those for a long time so I’m going off memory here. I’m on vacation now for a couple of weeks so I’ll dig it out and see what it says when I get back to work.

I have no idea what happens to those warning cites after the agency copy gets turned in to the Lt’s box. I’ve handed out so few written warnings (as opposed to the multitude of verbal warnings) that I’ve never really given it a thought.

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**Author:** ![Raguleader](https://avatars.discourse-cdn.com/v4/letter/r/258eb7/32.png) [@Raguleader](https://boards.straightdope.com/u/Raguleader)\
**Post date:** [November 24, 2017, 5:02am UTC](https://boards.straightdope.com/t/how-long-does-a-warning-speeding-stay-on-the-books/324928/37 "2017-11-24T05:02:41Z")

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The mention of written vs verbal warnings reminds me of the continuum of discipline the Air Force has, with everything from verbal warnings all the way up to a Court Martial (the idea being to fix the Airman while it’s a minor problem rather than waiting for it to get bit enough to drop the hammer on).

One of the more amusing bits of practice is that the lowest bit of official paperwork is a Letter of Counseling. The bit before there’s any paperwork is the Verbal Counseling… which we’re supposed to create a written record of via a Memorandum which both the supervisor and the troop sign, so the supervisor can prove the verbal counseling happened later on.

That’s right, we have to create paperwork to document our specifically non-paperwork processes, because if you didn’t write it down, it didn’t happen. 😃

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**Author:** ![Raguleader](https://avatars.discourse-cdn.com/v4/letter/r/258eb7/32.png) [@Raguleader](https://boards.straightdope.com/u/Raguleader)\
**Post date:** [November 27, 2017, 1:01am UTC](https://boards.straightdope.com/t/how-long-does-a-warning-speeding-stay-on-the-books/324928/38 "2017-11-27T01:01:15Z")

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As it happens, I can tell you that as of, oh, this morning, the Utah State Patrol issues written warnings in the form of a printed report with your car registration and driver’s license info, as well as the name and badge number of the officer who ticketed you. It’s very official-looking. Didn’t feel it was the most advantageous time to ask the officer how long they keep that in their system or who all gets to see it. :smack:

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**Author:** ![Lord\_Mondegreen](https://avatars.discourse-cdn.com/v4/letter/l/91b2a8/32.png) [@Lord\_Mondegreen](https://boards.straightdope.com/u/Lord_Mondegreen)\
**Post date:** [November 27, 2017, 1:11am UTC](https://boards.straightdope.com/t/how-long-does-a-warning-speeding-stay-on-the-books/324928/39 "2017-11-27T01:11:26Z")

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> [@rainy](#):
>
> Twelve years!!! Dang, my foot still unconsciously comes off the accelerator on that strip of road.
> 
> -rainy

Which says to me that the LEO made the right decision. He sent you a message without making you suffer financially and you heeded the message, even after 12 years.

Sounds like a good result all round. (Unless of course that is the _only_ bit of road on which you slow down 😃 )

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**Author:** ![pool](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pool/32/4152_2.png) [@pool](https://boards.straightdope.com/u/pool)\
**Post date:** [November 27, 2017, 2:19am UTC](https://boards.straightdope.com/t/how-long-does-a-warning-speeding-stay-on-the-books/324928/40 "2017-11-27T02:19:58Z")

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I got pulled over one time and received a written warning from a cop that I stuck in the center console. About 6 months later I got pulled over by a different cop and when I opened my center console to get my wallet he saw the warning and told me to hand it over. After he read the date and saw it was half a year old he left me off with you guessed it, another warning, I promptly disposed of that one at the next gas station

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