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My name is ***** ***** Estrada, While living in New Mexico I…

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My name is *****...

My name is ***** ***** Estrada

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

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.

Submitted: 2 years ago.Category: Criminal Law
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Answered in 5 minutes by:
2/17/2016
Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 2 years ago
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 555
Experience: Attorney and Counselor at Law
Verified

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

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Customer reply replied 2 years ago
Is there a statute of limitations?
I need to respond to the court via fax or in court.(###) ###-####Ref# *****
Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 2 years ago

I will check for you.

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Customer reply replied 2 years ago
I have no recollection of a ticket at all.
Customer reply replied 2 years ago
The fine is $53.76
Customer reply replied 2 years ago
Any answers regarding statute of limitations
Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 2 years 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.

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