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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118087
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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A friend was issued a citation for operating a vehicle in Arizona

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A friend was issued a citation for operating a vehicle in Arizona without record of insurance or registration in 2006. SHe has never been notified beyong the ticket issued on the day she was stopped. She received a letter today to call or visit the court in Flagstaff Arizona and declare if she wanted to present the documents of insurance an registration, or serve jail time, or pay a fine. When she called, they quoted a payment amount and tolde her to call for a payment plan. In reviewing some internet sites, it seems there is a statute of limitations for such prcedure of 36 months. SHe has never had her license suspended nr been denied vehicle registration in the 7 years since the ticket. Please advise.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If they failed to prosecute this citation within 36 months, the statute of limitations has expired and it is grounds for her to file a motion to dismiss the case. She needs to file a motion to dismiss the charges based on the statute of limitations and lack of notice and failure to prosecute within the 3 year statute of limitations. Generally, the court will dismiss because it appears from what you are saying this ticket fell through the cracks and that is why she never received notice of trial.

However, she needs to check to see if the citation was entered as a guilty because of a failure to appear, since failure to appear stops the statute of limitations from running. If there was a failure to appear entered against her, then I am afraid the court will not dismiss and she will have to make a deal with the court on fines and payments (but this does not sound like what happened because the letter is giving her the option to plead not guilty and present evidence, which makes it more likely she would get it dismissed for failure to prosecute in 3 years)

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