Yes, that was the one. It wasn’t all that close to Port Columbus but to most Columbusians the posted speed limit on I-270 was just a suggestion.
I did some research since my previous post. You can disband a town if you’re the Franklin County Municipal Court, it seems. They gave traffic and law enforcement to the Sheriff. Before that, the local cops were bringing $400,000.00 into the town for traffic fines. Only 100 feet of US Rte 40 ran through the town.
Now that I think about it, I was probably conflating New Rome and Linndale in my mind. I recall a friend in Columbus mentioning a speed trap town that you had to pass through as you left the airport on I-270. That was probably New Rome. And I probably heard about Linndale elsewhere, likely on the episode of This American Life it was feature on. Then I remembered bits and pieces of the two stories and combined them in my mind, not realizing there were two towns in Ohio that were doing similar things.
Your question answers itself. Wherever someone with 20/40 vision can clearly read it, you have to slow down by that point. If it’s a speeding up situation as in the OP, you could use your superior vision as a defense in court, but you’d need to prove it.
I had a go around with a bill collection agency and the local health clinic. Had a yearly physical that was supposed to be free under my “preventive care” part of my insurance. I refused to pay and the clinic said they realized their mistake and corrected the bill. Still was getting a bill and called the clinic and they kept saying they would correct it. Finally no more bills and 6 months later I get a notification from the collection agency. Told them I didn’t owe the money, they said I did. Called the clinic and and they had no idea why it was sent to a collection agency other than they have a centralized billing with the hospital and it must have got into their system as unpaid. Told them they need to call the collection agency and tell them there is nothing to collect and they agreed to. Got another notice and called the collection agency and they had on record the clinic called but it was too late, once it gets to them they demand payment whether you owe or not. Only thing I could do was notify the credit bureaus and dispute the hit on my credit rating.
Lawyer up.
This reminds me of a recent video from Steve Lehto, a Michigan lemon law attorney with a YouTube channel (and he’s very prolific) that mostly talks about legal issues in the news.
Here is a FAQ page from the ACLU in Texas:
It seems as if traffic infractions are misdemeanor crimes in TX. There may very well be a warrant for her arrest in TX, but for such a petty offense it would be a non-extradition warrant which means that TX won’t ask for a “hold” or an arrest in a different state (as it would cost them more than it is worth to bring her back there). But if she gets a background check for employment or other reasons, it will show an outstanding warrant. She may be considered a fugitive from justice.
I would call the Clerk of the Court and ask that individual the questions: Does she have a warrant? What is the outstanding balance? Is her license to drive suspended in TX? (I know she doesn’t have a TX license, but the state can flag her license and charge her for driving on a suspended license if she is pulled over in TX. And importantly, what does she need to do to get this taken care of?
The statute of limitations is 2 years for a Class C misdemeanor in TX: https://www.avvo.com/legal-answers/statute-of-limitations-on-traffic-tickets-in-texas-2927618.html but as another poster said, the statute is tolled because she was served with the citation, but failed to appear or pay so that tolls the statute. However, in my state, case law states that if the state knows where you are and fails to take action to bring you back, then the statute runs from that date of knowledge. I have no idea if TX has a similar provision.
Bottom line, is that I wouldn’t just let this go. That’s how so many people get into more serious issues. Just because the state was wrong for not accepting payment doesn’t mean that they still can’t screw with her. And plus, as others have said, she was served with a citation, and even if it had no merit, she still had a duty to either pay or show up in court to contest it.
???
While she may or may not have to pay the fine due to some clerical or technical error or a legal loophole, the moral thing to do would be to pay the fine. (of course, some morals may vary)
I don’t know about traffic tickets in Speedtrap, TX but usually there is a summons attached so you could go and contest the ticket in front of a judge, if you wish. If you just pay the fine, you admit guilt and the matter is resolved… If you don’t pay the fine and don’t show up in court on the offered date you are found guilty in absentia and the fine is imposed with possibly other penalties.
Also, statutes of limitations do not apply since you are charged with the violation at the time of the traffic stop.
The tap dancing around name and address changes and out-of-state licenses is not a valid legal defense since it was her that received the ticket.
All that said, will she have to pay the ticket? Maybe not.
Should she? Yes or at least resolve the issue. This is something that could possibly come back up someday, usually at the most inconvenient time.
Which would certainly cost more than the fine.
She has already made a good-faith effort to pay the fine but was refused because there wasn’t a citation with her name on it. The collection letter still does not have her name on it. This is not some case where she changed her name due to marriage and is relying on the change to cover her tracks, the name on the original citation was either incorrectly written by the officer or incorrectly transcribed into a computer system. I am assuming that the error isn’t a simple one or two letters but a completely different name (otherwise her original payment would have been accepted).
I think there is a distinct possibility that trying to resolve this would result in even more confusion, especially now that the issue has been turned over to a third party.
Was it turned over completely to a third party though? That would surprise me.
But less than getting arrested after landing at the Dallas airport, being pulled over in TX and getting locked up, or losing the dream job because the potential employer finds that she is a fugitive from justice.
The lawyer can also ensure that all the proper paperwork is filed in the court which gets rid of any outstanding issues and ensures that the erroneous citation with the incorrect name is also taken care of so it doesn’t stand out there as a potential flag on any of her files.
The attempt to pay may help her in this situation when she finally resolves it, but I don’t know of any legal principle which consists of “I made an attempt, they screwed up, so fuck them, I’ll just shitcan everything else I get from them and nothing bad will ever happen to me.” Especially from modern bureaucracy.
Agreeing with all who say don’t pay debt collectors and because it’s been given to them the municipality doesn’t care about it anymore.
Most traffic violations here are class c misdemeanors. Those aren’t turned over to debt collectors. They’re resolved by the courts.
Sadly, there kinda is none. While true, she couldnt go to jail over this, a fairly new law allows her state to suspend her Drivers Licence until she settles up. The law is so badly written, that a state can do this with a very old ticket- and you have no recourse at all.
They can suspend your drivers license.
Couldn’t you claim that her ticket has been paid by the company that bought her debt?
How do you prove that? But here’s the point- at least here in CA- you are guilty until the out of state jurisdiction agress you are not. They can say you were driving 100mph over the speed limit, and the fine if $1,000,000- and CA will just suspend your license until they agree you have settled it. You have no recourse at all.
That is why the Driver License Compact is such a bad idea. I suspect someday, some tiny burg will simple pick 100,000 Californians out of a phone book, send them notices, and demand $1000 each. CA will cheerfully suspend their license until tiny burg agrees it is settled. Tiny burg gets $10mill. Unless of course you fly to tiny burg and fight it- in their court, with their “judge”.
Only if you’re in a state that suspends you liscense for a single offence and in both my case and the OP the offence was years ago. Even a DUI only stays on your record for three years (California not included). Here in Colorado they couldn’t have suspended my liscense after the first 12 months even if I was going 40+ over the speed limit through that trap.
I think she has a moral obligation to pay.
One could debate how hard she’s obligated to try to pay if the city refuses payment because of some clerical error. However, if they’ve straightened out that error and are now asking for payment, she’s obligated to pay.
Sending a payment that was refused was not paying, it was just attempting to pay.