How long does a cop have to mail me the speeding ticket before it is invalid?

Asked 11 months ago - Santa Clara, CA

Hi, I recently received a speeding ticket for going 75mph on a highway. The date of the violation is 10/31/13. I have only just received the ticket now, although it was time stamped 11/22/13. I thought I remember reading somewhere the cop who tickets you has 2 weeks to get the ticket to the recipient before it becomes invalid and I am looking for some clarity on this situation. Thanks for your time and help!

Attorney answers (5)

  1. Greg Thomas Hill

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . Call Andrew Roberts, who posts on here frequently.

    My two cents as an answer (and perhaps it is worth less than that) is that there is only the one year limitation on the statute of limitations and that the longer the copy waits to do so, the better for you. I certainly am not eager or itching to get a ticket. Moreover, the longer it takes the police to do so, the more their memory fades by the time the hearing date arrives, and that is also to your advantage.

  2. Michael Moshe Levin

    Contributor Level 15

    4

    Lawyers agree

    Answered . I'm not aware of any two-week rule.

    Answering your questions on this forum does NOT constitute the forming of an attorney/client relationship. The... more
  3. Scott David Levy

    Contributor Level 11

    3

    Lawyers agree

    Answered . The police amend tickets all the time, the exact statute of
    Limitations depends on the specific charge. You could always call the DA's office to see if there are charges pending on you.

  4. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . I am not aware of any 2 week rule. There is a one year statute of limitations for infractions.

    ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY
  5. Vijay Dinakar

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . As others have said, the statute of limitations is one year. You say that you "received a speeding ticket..." but then suggest that you "only just received the ticket now..." This suggests to me that you were pulled over by police officer or chp and ticketed by officer. You likely signed and were issued a duplicate copy of the ticket though your recitation of facts alternatively suggests that you were pulled over but issued no such citation. In any event, if the citation was issued to you in person or after two weeks in mail, notice requirements are likely satisfied though I suspect you were cited in person and then any subsequent mailed ticket is simply a "courtesy copy". There is no two week rule. Hire a lawyer or challenge in court pro per. Good luck.

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