Statute of limitations?

[smittysbar]

How long do they have?

About 11 1/2 months ago, I was in an accident. It was not really any fault of mine. No tickets were given at the scene. The Chief of Police and I have not gotten along since high school, he has been pressuring the PA to give me something but they have no case. So the other day 11 1/2 months after the accident he gave me a ticket for careless and imprudent driving. But the court date is next month well over a year after the accident. The Statue of Limitations on a Misdemeanor in MO is a year, so a ticket is not actually being charged but a summons for court where the judge reads your charges correct????

PS I can not spell at all, so I apologize in advance

[smittysbar]

Come on, anybody??????????????????????????

[ToddGsell]

Smitty

I'm not sure what exactly you're asking in your first post. Also, I'm not sure what the law is in your state, or in your situation, but are you sure that the traffic violation is even a misdemeanor?

[smittysbar]

Yes it is a misdemeanor. What I am asking is statue of limitations is 1 year for misdemeanor offenses. But I won't actually go to court till after the year is up, they gave me the ticket right before the year was up. What I am asking is a ticket is not actually being charged? It is a summons to appear in court were you are then read your charges, right?

 

so the time has ran out on them if I am not mistaken. I used to be a narc officer, so I am pretty sure on this just confirming. Thank for any help in advance.

 

PS This is a pretty cool forum

[stage1350]

Techincally, if you were cited before the year was up, that would probably cover them on the statute of limitations. You'll definitely need to appear.

 

The bigger issue is who cited you? The cop that was on the scene or the chief himself? Was he citing you for C&I for that day, or from the day of the accident?

 

See if you can get a copy of the police report from your accident. If the cops didn't put you at fault or state that you were careless and imprudent, the ticket should easily be dismissed.

 

If you and the Chief have a personal beef and he's busting your balls over that, you may want to speak to your alderman or the mayor. Have him reeled in for his behavior.

[AltusBeliever]

My guess is you've got no SL defense. My advice, talk to a lawyer in MO.

[hattrick3518]

i think that as long as the ticket is issued within the 1 year... that is what it is in CO, it is a matter of when the ticket is served, not when you actually go to court, because court dates are always screwy and backed up, may not be the case, but im pretty sure thats what it is in co

 

best of luck

[smittysbar]

Was not at fault in the report. I am going to talk to the judge this weekend. See what she says about the situation. I will talk to the Mayor this weekend also, he is in the tourny that I am hosting. Thanks all I will keep you informed.