Statute of limitations on no seatbelt ticket in Texas
5 attorney answers
The SOL is 2 years. Call the court and see what their procedures are to get the case back on the docket. Most municipal courts and JP courts will allow you to either post bond or hire an attorney in order to get the case back on the docket. Once you (or your attorney) sit down to visit with the prosecutor, it is likely that you can work out a deal to get the case dismissed. You might also want to inquire as to whether or not the officer is still working/alive/living in the area. If there is no officer-- consider setting the case for trial.
A statute of limitations is the time frame under which the State (or a municipality) may file a case against you. It has no impact on how long the case might be pending. What may benefit you most is the fact that the officer who dealt with your case almost certainly won't remember the details and the case will be hard to prove for the government. You should get a lawyer, press for a trial, and get the gov't to dismiss the cases.
The county attorney has 2 years to file the charging instrument in your case. This would be a "complaint". No matter the merits of the case, it likely has no bearing on the warrant. You may have to post a bond of some sort to get the warrant lifted, and then deal with the ticket itself.
Lucky for you, even if the proper paperwork is in place, there is a good chance that the officer who wrote it is no longer with the department. And I am sure he doesn't remember anything about it. All this means that you have a good chance of getting this case dismissed.
There is a 2 year statute and it is probably a scam. If there is an address on the letter i would drive down there and see who sent the letter .
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