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traffic citations and the statute of limitations Login/Join 
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I'm curious as to what the member of this esteemed organization have to say on this questions: In your opinion, does a traffic citation by itself toll the statute of limitations?

Janette
 
Posts: 674 | Location: Austin, Texas, United States | Registered: March 28, 2001Reply With QuoteReport This Post
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The real issue would be wheter or not anything was ever filed. CCP 12.02 sets 2 year SOL on misdemeanors and CCP 12.05 tolls during the pendency of (for this purpose) a complaint in a court of competent jurisdiction. There are some jurisdictions who have a probable cause affidavit on the ticket (usually the back or attached form). If that is wht comrpises your "complaint" and it is filed with an appropriate court, don't you believe that would trigger tolling? The validity of such a form of complaint is a seperate issue.
 
Posts: 51 | Location: Montogmery County | Registered: June 23, 2003Reply With QuoteReport This Post
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TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    traffic citations and the statute of limitations

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