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Ask Colleen Grady Your Own Question
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 486
Experience:  Attorney and Counselor at Law
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My name is ***** ***** Estrada, While living in New Mexico I

Customer Question

My name is ***** ***** Estrada
JA: Thanks. Can you give me any more details about your issue?
Customer: While living in New Mexico I allegedly received a parking citation in Tempe Az in 2004. I recently received a notice of an outstanding penalty and that my now Arizona license may be suspended.
JA: OK got it. Last thing — Criminal Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Colleen Grady replied 9 months ago.

My name is***** have been an attorney for 26 years. Are you saying you never knew about the parking citation in Tempe Az?

Customer: replied 9 months ago.
Is there a statute of limitations?
I need to respond to the court via fax or in court.(###) ###-####Ref# *****
Expert:  Colleen Grady replied 9 months ago.

I will check for you.

Customer: replied 9 months ago.
I have no recollection of a ticket at all.
Customer: replied 9 months ago.
The fine is $53.76
Customer: replied 9 months ago.
Any answers regarding statute of limitations
Expert:  Colleen Grady replied 9 months ago.

According to Arizona Statute 28-1601, subsection C., the state should not initiate collection proceedings or attempt to have your license suspended after 36 months following the incident.

Here is what the law says:

"C. Notwithstanding subsection A of this section, the court shall not initiate collection procedures on an unpaid civil penalty, notify the department to suspend a person's driver license.... if all of the following apply:

1. The unpaid civil penalty is for a traffic violation for which the final disposition occurs more than thirty-six months before the court initiates collection proceedings. (Did you receive notice of any collections proceedings for this violation?)

2. The court does not have a paper or electronic record dated within thirty-six months after the traffic violation occurs indicating that the responsible person was notified that the civil penalty is unpaid and due. (This may be true for you, but just because you don't have the notice doesn't mean they don't have something saying they sent you notice).

3. The court has not notified the department to suspend the responsible person's driver license or permit or privilege to drive a motor vehicle in this state. (They have done this, is this correct?)

4. The court has not notified either the responsible person or the department about the court's request to the department to refuse to renew the responsible person's vehicle registration pursuant to article 5 of this chapter. (Did they do this?)

5. The court does not have a record of extending the time for payment of the civil penalty or providing for installment payments. (Did they do this?)

If ALL of the things above are true, they can not (suscessfully) initiate collection proceedings and you can raise this statute as a defense. If they can show ANY of the 5 things above, then they have preserved their right to collect.

Let me know if you have questions about this. If you are satisfied with my help please rate me.