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Gerald, Esq
Gerald, Esq, Lawyer
Category: Traffic Law
Satisfied Customers: 2877
Experience:  30 years of experience
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A notice of a motor carrier log violation year of 2003 has

Customer Question

A notice of a motor carrier log violation for the year of 2003 has just been issued to me is thir a statute of limitations on this
Submitted: 10 months ago.
Category: Traffic Law
Expert:  Gerald, Esq replied 10 months ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

There is no specified "Statute of Limitations" listed in the law regarding these types of violations. Because a Statute of Limitations must be specifically specified, its absence means that there is not one.

HOWEVER, there is an concept in law called "Laches." Laches is an equitable defense that states if too much time has passed such that a person accused of a violation is not able to properly defend themselves (because evidence has been lost, and memories faded) then it is a violation of due process to require the accused to answer such allegations of misconduct.

Laches is what is called an "affirmative defense." This means you have to assert it and prove that you have been "prejudiced in being able to defend yourself due to the excessive passage of time, the loss of memory and loss of other defensive evidence."

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.