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Can they issue a warrant 7 years after a simple traffic ticket that was in 1997?

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We found out that my husband supposedly received a ticket for no insurance on 23 Aug 1997.  That became a arrest warrant on 8 Mar 2008.  It is now Feb 2015!  My husband has been stopped since then, he went to take his state inspectors test, has had a couple of background checks and the Navy has done a security search for his security clearance.  At NOW time has this thing showed up.  Can they do this?

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It is now Feb 2015!

 

Thanks for clearing that up.  :-)

 

 

 

Can they do this?

 

I have no idea who "they" are or what "this" refers to.  If your husband got a ticket and failed to take care of it, it's hardly surprising that a warrant was issued for his arrest (although it is surprising if it happened over ten years after the date of the ticket -- not sure if the reference to 2008 was intentional or a typo that should have been 1998), and warrants don't go away, so your husband is going to need to do something to take care of this.

 

If that doesn't answer your question, please clarify what you intended to ask.

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Hi bear,

 

Like PG said, it's a bit difficult to figure out what's going on in your husband's situation because much of what you wrote is pretty vague... Please let us know in more detail what happened in a follow-up post so we can get you some more specific and helpful answers. Hope to hear from you soon!

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Sorry I was told my question was a little vague so I will try again.  And no there are no typos in the dates!  The tickets are from 1997, they became warrants in 2004 and it is now 2015 and we are just now finding out about this.

I was doing some internet checking on my husband today, and a website showed he had an outstanding warrant.  So I called the court of the city listed.  The lady at the court told me there were actually three tickets. 1. on Aug 23 1997, 2. on Oct 20 1997, and the third on Oct 28, 1997.  The first and last were for no insurance and the middle one was for invalid registration.  Neither of us remember any of this.   I would have remember him getting a ticket on the 20th and another 8 days later.  The lady at the court said these had become warrants for his arrest on Mar 8 2004. My husband has been stopped for a ticket, had several background checks, had the Navy do a security clearance check and taken the state inspectors test since 2004.  This has never shown up.  We had no idea until today.  I question this because number one, the court (or whoever turns a ticket into a warrant) waited 7 years to turn it into a warrant. (State of Texas).  Number two,  when you take the inspectors test they check to see if you have outstanding warrants and nothing came up.  

So my question is isn't there a statue of limitation on a traffic ticket between the time the ticket was written and it turned into a warrant.  When I asked can they do this. I meant can the State of Texas issue a warrant after 7 years on a simple non moving violation?  This has never come up and we were never notified of anything. And suddenly this city in Texas wants us to pay almost $1,000.00 for something we could not possibly fight.

I feel like the Navy would have found an outstanding warrant when they did his security clearance check (that's kind of something they frown on).

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No, there is no statute of limitations issue.  Prosecution commenced the moment the ticket was issued and there is no limitations period on warrants.  They remain outstanding forever if not taken care of.  It's no defense that the warrant didn't issue immediately or show up at any particular point in time. 

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We found out that my husband supposedly received a ticket for no insurance on 23 Aug 1997.  That became a arrest warrant on 8 Mar 2008.

 

And no there are no typos in the dates!  The tickets are from 1997, they became warrants in 2004

 

Well...there's clearly a typo in one of these statements.

 

 

 

isn't there a statue of limitation on a traffic ticket between the time the ticket was written and it turned into a warrant.

 

A statute of limitations is a law that says how long after the commission of a crime the state has to intiate prosecution.  In the case of a traffic ticket, as noted above, prosecution is initiated at the time the ticket is written.  That being the case, the question about a statute of limitations doesn't make any sense.  If your husband actually got these tickets and failed to appear or otherwise take care of them, then a warrant was properly issued and, as I said previously, warrants don't go away.

 

 

 

When I asked can they do this. I meant can the State of Texas issue a warrant after 7 years on a simple non moving violation?

 

Apparently the state did do exactly that, so it is a necessary conclusion that it can do so.

 

 

 

This has never come up and we were never notified of anything. And suddenly this city in Texas wants us to pay almost $1,000.00 for something we could not possibly fight.

I feel like the Navy would have found an outstanding warrant when they did his security clearance check (that's kind of something they frown on).

 

Based on what you've posted here, I agree that you have reason to believe that there may be a case of mistaken identity (or something else screwy).  It may be that someone else's tickets mistakenly ended up under someone else's name.  Maybe someone with the same name got the tickets.  Unfortunately, I don't have any good suggestion about how to take care of this other than by contacting an attorney in the area where the court is located.

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Hello, I am researching this right now because I just recently received a letter in mail form San Antonio law firm stating that I too had an outstanding arrest warrant from 1995 from the city of Castle Hills within San Antonio. I too am in the Navy and have had 2 security clearance background checks done on me and nothing ever has came up until now. I just recently went on leave to San Antonio and had my license renewed at the DMV and they didn't say anything to me about it and my license was renewed. I also renewed it there 10 years ago and nothing then as well. so I guess what im wondering is if this is a scam just trying to steal money from me or is it real. I don't want to call the law firm because then they will have my number and they'll start calling me. Also "bear", what was the resolution of what happened with your husband and your similar situation. I hope this reaches you because I know you asked about this back in feb. but if anyone has any info that would be helpful.

thanks

 

FCC(SW) David

USN

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I had the same thing happen to me. Was stationed in San Antonio in late 1990s and early 2000s and remained there for several years (until 2012) after leaving the Army. Less than a year after moving out of state, I received a letter from some law firm stating that I had warrants out for unpaid traffic fines from 2006. Same as others, since that time I had undergone several background checks for working with the DoD, VA, and other agencies and institutions. Additionally, while still in SA after 2006 (I believe in 2009), I had been pulled over and received, and subsequently paid (at the courthouse), a speeding ticket. At no time during any of these subsequent checks or encounters with law enforcement was I ever notified of warrants. Now when I look into the Bexar County traffic fine payment site, I can view the fines still on the page, but they still never come up on checks. I have even tried to just pay them to clear the matter and be done with any possible future hassle, but the site blocks me from paying online and directs me to pay in person at the JP's office. Well, okay, I'll be sure to do that next time I find myself in Texas...

 

Just a weird situation all around; even more so now that I am seeing others with remarkably similar experiences.

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HMMMM....I just received in the mail a warrant for an unpaid traffic ticket dating from September 2001.  They claim that I paid only part of the total ticket .  I have never heard of paying a partial ticket?   Because I do not keep records past 10 years,  I really do not have receipts from this to officially confirm or deny.  Hence, I feel taken.

 

My big question is this:  Doing a simple cost benefit analysis, it really doesn't make sense for me as an individual to try to find records from 15 years ago and then drive to north Texas to go to court.    If I pay the $131.00 that they claim, what is the possibility that 15 years from now I will get another warrant for this?  Also, do I always have to be worried that a hidden warrant is issued against me?   Wow, talk about paranoia building.

 

 After seeing the responses on this blog, I am wondering if there is something fishy happening.   Also, the mailed thing suggests paying the fine to GHS, LTD.   Does anybody know if this is a real collection service?  If it is real, what are my resources and suggested actions?

 

 

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Oh, I forgot to add that the city is Palmer, Texas.  It seems that there have been quite a bit of brough-ha over excessive tickets that a judge resigned last year.  I really feel let down by the system on this and would love to see if there is something that can be done.

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I have a nephew out of the army that is disabled & struggles with TBI and PTSD. He recently received a letter in the mail saying he needed to pay $750 for a speeding ticket he got in 2008 (8 years ago) BEFORE a warrant is issued on him. He does not remember getting the ticket but he does not remember a lot of things. A copy of the ticket is in with the letter and it looks like his signature and his past Oklahoma address. He does not have a warrant on him today. Can a warrant still be issued over 8 years later, after a ticket was issued? This is in Texas.

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When he signed the ticket he agreed to appear so a warrant can issue at any point in time after he failed to appear.  BUT there are scammers out there now trying to collect on tickets by misrepresenting themselves as the court.  (Scammers are also pretending to be the power company, the water company, you name it so you HAVE to verify if you're not sure).  Your nephew needs to contact the specific court and verify that they sent the letter and if it still is outstanding, then he needs to take care of it

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I just received a notice. Ticket for no license, no insurance, and expired registration from 2008. I had been on my way to get inspection and registration but had forgot my wallet. I took the copies of proof to the station and it was dismissed. A year later, I received a notice that a warrant was issued for no registration. I called and talked with a clerk and was told it was an error,  they had the proof of registration so it would be dropped. In 2011 I had an accident and the officer on the scene said I still had a warrant. He could clearly see my registration was current but told me to contact the court. I did. They once again told me they had the proof of registration and it was an error. Since then, I have had several background checks, renewed other registrations, renewed my license, been pulled over (no tickets) and even looked up on the state of Texas site to see if any warrants popped up. None did.

Now, over 6 years later, I get a notice that I have an outstanding registration/inspection ticket. That a warrant has been on me since 2009.
What in the heck is going on? Do they just have incompetent people working there? How do I prove registration and inspection on a car I no longer own? This is the same municipal office that will tell you to keep calling back to see if your ticket is in the system yet before you can address either paying it or sending documentation and when it finally is, it is too late, you already have a warrant. I have heard the stories and can believe it. Maybe I sent my first documents too soon. But when I went down there in person a month later, and was told it was dropped, that should have been it. I don't want to pay on something that was supposed to be dismissed. The cost has gone up now that it is almost 9 years old. Not sure what to do.

 

 

 

 

 

 

 

 

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Is it something about Texas? Today I was at a friend's when she got her mail. She received three yellow postcards from Cass County Texas. Two different case numbers on cards warning of warrants and one of the case numbers on the third card advising of a "round up" of people with warrants in TX beginning Feb 24. Today is Valentine's Day. It was too late to call the Sulphur Springs JP District 1 or the Landon JP District 1 numbers from the postcards so I called the Cass Country Sheriff's Office to see if this was a scam. My friend remembered being in TX ten years ago, driving through. The Deputy told me the warrants are speeding and FTA from 2001. This is 2017 and she has no recollection of being in TX that long ago or getting any ticket. The fines are $300 and $200 respectively. TX must be hard up for money tracking people down for old tickets. She didn't receive a copy of any traffic summons. She was stopped by police about two weeks ago and they ran wants and warrants and it was negative.  Anyone who did pay a fine more than a few years ago wouldn't have proof. That is not the situation in her case, where she has no memory of a traffic stop when she was 24 but I can see plenty of room for abuse. 

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I know this is an older post but I did some light googling and while it was a different MO there was an alert of scammers calling people about supposed warrants for unpaid tickets. So it is possible that there is a similar scam occurring. Also possible is a series of errors. Maybe someone pulled a box of old records from the attic and found a bunch of missed tickets and thought they could get brownie points for following up on them.

 

Truth is without seeing any of the letters or exactly what some of these notices say i can't even really begin to check on their validity.

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My son is dealing with the same thing right now (February 18, 2018). He had officers to come to his job and arrest him saying that there was a cell phone taken and his name came up. He said they took him to jail finger printed him had him pay bail and let him go. Then they came back the next week and told him he was arrested about a ticket for not having insurance 10 years ago. He said he asked them how could that be when he also have had all kind of background checks and nothing came up about a ticket of any kind. He is also a veteran. He served in the Navy and have been out well over 8 years now. He has paid them some money and they still want more, $750 more. How can he tell if this is a scam or not. What if there are people in the court system who is running the scam? He has not received any letters saying that he has outstanding warrants against him. What can he do before going to court this week?

 

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1 hour ago, ARICHARDHEAD said:

The first thing all Americans need to do is understand you have a right to travel. You only need a driving license for commercial purposes .

 

The first thing you need to know is that you are wrong. The courts have soundly rejected the argument that the requirement for a driver's license in order to drive on the roads for pleasure or any other purpose is a violation of your constitutional rights.

 

The U.S. Supreme Court stated: “The universal practice is to register ownership of automobiles and to license their drivers. Any appropriate means adopted by the states to insure competence and care on the part of its licensees and to protect others using the highway is consonant with due process.” Reitz v. Mealey, 314 U.S. 33, 36, 62 S. Ct. 24, 26–27, 86 L. Ed. 21 (1941).

 

The U.S. Court of Appeals for the Ninth Circuit explained why a driver’s license does not violate the right to travel:

Quote

 

We have previously held that burdens on a single mode of transportation do not implicate the right to interstate travel. See Monarch Travel Servs., Inc. v. Associated Cultural Clubs, Inc., 466 F.2d 552, 554 (9th Cir.1972) (“A rich man can choose to drive a limousine; a poor man may have to walk. The poor man’s lack of choice in his mode of travel may be unfortunate, but it is not unconstitutional.”); City of Houston v. FAA, 679 F.2d 1184, 1198 (5th Cir.1982) (“At most, [the air carrier plaintiffs'] argument reduces to the feeble claim that passengers have a constitutional right to the most convenient form of travel. That notion, as any experienced traveler can attest, finds no support whatsoever in [the Supreme Court's right of interstate travel jurisprudence] or in the airlines' own schedules.”). The Supreme Court of Rhode Island in Berberian v. Petit, 118 R.I. 448, 374 A.2d 791 (1977), put it this way:

 

“The plaintiff's argument that the right to operate a motor vehicle is fundamental because of its relation to the fundamental right of interstate travel is utterly frivolous. The plaintiff is not being prevented from traveling interstate by public transportation, by common carrier, or in a motor vehicle driven by someone with a license to drive it. What is at issue here is not his right to travel interstate, but his right to operate a motor vehicle on the public highways, and we have no hesitation in holding that this is not a fundamental right.”

 

374 A.2d at 794 (citations and footnotes omitted).

 

Miller does not have a fundamental “right to drive.”

 

 

Miller v. Reed, 176 F.3d 1202, 1205–06 (9th Cir. 1999).

 

Other circuits have reached the same conclusion:

 

Quote

But Dean has not articulated reasons to support his unexplained argument that state licensure and registration requirements violate the right to travel, see Fed. R.App. P. 28(a)(9). This is not surprising because such an argument is meritless. Miller v. Reed, 176 F.3d 1202, 1205-06 (9th Cir.1999) (holding that there is no “fundamental right to drive” and affirming dismissal of complaint based on state's refusal to renew citizen's driver's license); Hallstrom v. City of Garden City, 991 F.2d 1473, 1477 (9th Cir.1993) (finding no constitutional violation where valid Idaho law required driver's license, and plaintiff was detained for not having one). Without vehicle licenses, Dean is denied only “a single mode of transportation-in a car driven by himself,” see Miller, 176 F.3d at 1204, and this does not impermissibly burden his right to travel.

 

Matthew v. Honish, 233 F. App'x 563, 564 (7th Cir. 2007). 

 

Quote

Moreover, the Duncans' challenge to the statute does not present a “hybrid situation” as their claim of a violation of their right to travel is frivolous. See Miller v. Reed, 176 F.3d 1202, 1208 (9th Cir.1999). While a fundamental right to travel exists, there is no fundamental right to drive a motor vehicle. See id. at 1205-06. A burden on a single mode of transportation simply does not implicate the right to interstate travel. See id. at 1205. Thus, the Duncans' right to freely exercise their religion and their right to travel have not been impermissibly infringed.

 

Duncan v. Cone, No. 00-5705, 2000 WL 1828089, at *2 (6th Cir. Dec. 7, 2000).

 

Because of these federal appeals court cases, and other appellate decisions of federal and state courts that say much the same thing you will lose if you try to argue in court in contesting a citation for driving without a license that you are not required to have a driver's license because you were not driving commercially.

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On 3/30/2018 at 10:32 PM, ARICHARDHEAD said:

The first thing all Americans need to do is understand you have a right to travel. You only need a driving license for commercial purposes .

SCOTT DAMON RICHARDSON v4 (1).pdf

 

Why do people persist in this stupidity?

 

The link in your post was a bad one, but I googled the name nonetheless.  The individual mentioned was apparently involved in an incident a few years ago in which he was arrested after being pulled over for speeding and then failing to produce his driver's license.

 

The idiots who advocate for this silliness often cite cases that don't even come close to supporting their conclusion (and there are numerous thread on this site where this has been discussed, including "Tax_Counsel's" very patient recitation above).

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Okay I guess I had traffic tickets in Oklahoma from 2015 and I went to prison 2017 in Oklahoma the same county as the tickets shouldn't that have taken care of the tickets? And if not why did they release me from prison let me start my probation and never said anything if I had warrants? Is this legal? 

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5 hours ago, Marry67! said:

Okay I guess I had traffic tickets in Oklahoma from 2015 and I went to prison 2017 in Oklahoma the same county as the tickets shouldn't that have taken care of the tickets? And if not why did they release me from prison let me start my probation and never said anything if I had warrants? Is this legal? 

 

Not sure why you resurrected this long-dormant thread to ask a question that appears completely unrelated.  Please start your own thread.

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