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A notice of a motor carrier log violation year of 2003 has…

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A notice of a...
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: 2 years ago.Category: Traffic Law
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2/1/2016
Traffic Lawyer: Gerald, Esq, Lawyer replied 2 years ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Traffic Law
Satisfied Customers: 5,154
Experience: Over 30 years of experience
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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."

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

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.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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