Asked in Traffic Violations and TicketsStatutes of LimitationsCitation and References
Is there a statute of limitations on traffic citations in Arizona?
June 06, 2011 2:21PM
A friend of mine received 2 citations in phoenix and one in mesa for non moving violations over 12 years ago. When he appeared in court he explained that he couldn't afford to pay the fines due to the fact that he was only receiving 108.00 a month until he was approved for S.S.I.
it wasn't till just this past summer that his license was found to be suspended.
Isn't there a time limit on how long a ticket can be enforced for fines?
Former Arizona State Representive Marian McClure introduced HB 2226 at my request and it passed.
ARS 28-1601, Section B says, in part: "Notwithstanding subsection A of this section, the court shall not initiate collection procedures on an unpaid civil penalty, notify the department to suspend a person's driver's license, permit or privilege to drive a motor vehicle in this state or notify the department to refuse to renew a vehicle registration for an unpaid civil traffic violation if all of the following apply:
1. The unpaid civil penalty is for a traffic violation for which the final disposition occurs more than thirty-six months before the court initiates collection proceedings.
I just wanted to mention that above you forgot something. You only listed one of the following things that must apply. here it is in its entirety.
C. NOTWITHSTANDING SUBSECTION A OF THIS SECTION, THE COURT SHALL NOT
INITIATE COLLECTION PROCEDURES ON AN UNPAID CIVIL PENALTY, NOTIFY THE
DEPARTMENT TO SUSPEND A PERSON'S DRIVER LICENSE, PERMIT OR PRIVILEGE TO DRIVE A MOTOR VEHICLE IN THIS STATE OR NOTIFY THE DEPARTMENT TO REFUSE TO RENEW A VEHICLE REGISTRATION FOR AN UNPAID CIVIL TRAFFIC VIOLATION IF ALL OF THE FOLLOWING APPLY:
1. THE UNPAID CIVIL PENALTY IS FOR A TRAFFIC VIOLATION FOR WHICH THE
FINAL DISPOSITION OCCURS MORE THAN THIRTY-SIX MONTHS BEFORE THE COURT INITIATES COLLECTION PROCEEDINGS.
2. THE COURT HAS NO PAPER OR ELECTRONIC RECORD DATED WITHIN THIRTY-SIX MONTHS AFTER THE TRAFFIC VIOLATION OCCURS INDICATING THAT THE RESPONSIBLE PERSON WAS NOTIFIED THAT THE CIVIL PENALTY IS UNPAID AND DUE.
3. THE COURT HAS NOT NOTIFIED THE DEPARTMENT TO SUSPEND THE
RESPONSIBLE PERSON'S DRIVER LICENSE OR PERMIT OR PRIVILEGE TO DRIVE A MOTOR VEHICLE IN THIS STATE.
4. THE COURT HAS NOT NOTIFIED EITHER THE RESPONSIBLE PERSON OR THE
DEPARTMENT ABOUT THE COURT'S REQUEST TO THE DEPARTMENT TO REFUSE TO RENEW THE RESPONSIBLE PERSON'S VEHICLE REGISTRATION PURSUANT TO ARTICLE 5 OF THIS CHAPTER.
5. THE COURT HAS NO RECORD OF EXTENDING THE TIME FOR PAYMENT OF THE
CIVIL PENALTY OR PROVIDING FOR INSTALLMENT PAYMENTS.