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Would someone still have to pay a speeding fine if they die?

2007-01-04 20:20:59 · 14 answers · asked by Lloyd S 1 in Politics & Government Law Enforcement & Police

14 answers

Criminal proceedings end when a person dies before his or her right of appeal has expired or been exhausted.

That's why Ken Lay is not deemed convicted, and why the government could not proceed to sequester his assets, although a civil suit is still possible. (A conviction simplifies confiscation of assets because the burden of proof is stricter in criminal cases.)

Even a civil penalty (parking, etc.) is normally dropped upon proof of death before payment.

2007-01-04 20:31:08 · answer #1 · answered by Anonymous · 2 0

It depends on whether the estate is still opened or closed. If the executor of the estate made all the proper announcements, and closed the estate before the ticket became apparent, and law enforcement didn't respond, it's no worry.

Little funny story:
My uncle got a parking ticket for a car he'd left on a side street, but we didn't know about the vehicle, let alone the parking ticket until the car was ticketed again on a different street more than a year after he died, and the estate had closed. The funniest thing is that he had just given the car to his girl friend. They filled out the paperwork, but hadn't mailed it in , and had even left it inside the car. One night shortly after, they went out and drank too much, so took a cab home, but couldn't remember where they had been drinking!

2007-01-04 20:40:51 · answer #2 · answered by Anonymous · 0 0

I take it you mean would his estate or his family have to pay the fine.

Usually, the answer is No. Since the offense is the dead person's responsibility, not the family's, they cannot convict the dead man of a crime at a trial.

On the other hand,........if it was not a traffic ticket but a parking ticket, and the car was ticketed (not the driver) owned in the name of the husband and wife, they might attempt to hold the joint owner of the car for the parking ticket. Usually, courts have a lot better things to do, and if they get evidence that the guy has died, they may not pursue the matter in some states.

2007-01-04 20:39:03 · answer #3 · answered by JOHN B 6 · 0 0

I fail to work out your good judgment. If i became eligible for site visitors college, then i'd be more desirable susceptible to pay the fee of the cost tag plus the site visitors college courtroom cost with out going to courtroom. If i became not eligible, then i'd bypass to courtroom understanding that there are basically 2 conceivable effects, both I pay the cost tag or beat it. You do remember gaining recognize-how of about the regular speed regulation six months in the past, correct? The hazardous speed isn't continuously over 50. Edit: John S assumes that this handed off on a 2-lane, undivided street. His information does not note on a divided street, 4-lane street, etc. If radar became utilized in an unlawful speedtrap, then it nonetheless does not be counted regardless of if it were a 2-lane, undivided street. (human beings v. Studley (1996) 40 4 Cal.App.4th Supp. a million; human beings v. DiFiore (1987) 197 Cal.App.3-d Supp. 26) */end of Line.

2016-10-16 23:35:13 · answer #4 · answered by ? 4 · 1 0

If they died before the trial and or conviction then the charges are dropped in most jurisdictions. Remember Ken Lay of Enron. He was Convicted and was going to go to Prison for a LONG time plus have to pay most of his ill gotten Millions in fines. Then the bastard died and the Government had to vacate his conviction because he was unable to appeal due to his death. The court further ruled his estate did not have to pay the Millions of dollars in fines since he was "legally" not convicted. They then stuck Jeff Killing with the whole tab. If the person you are asking about was convicted of the speeding charge and then died, I guess technically he has to pay, but since he is dead, what are they going to do if the fine is not paid? Suspend his license? Who cares.

I also have a funny story: Several years ago my cousin, a well respected attorney in Pittsburgh had his home burglarized, in the course of the burglary they also stole his car to haul all my cousins stuff away with. Several months later the Pittsburgh cops showed up at my cousins house with an arrest warrant for HIM because of the massive amount of unpaid parking tickets that the thieves accumulated while using his stolen car.. How is that for competent law enforcement? The cops wrote god knows how many tickets on this car, but not one of them ever ran the plates, if they had my cousin would have gotten his car back

2007-01-04 20:43:32 · answer #5 · answered by Anonymous · 0 0

First of all, the rule is i before e except after c. The summons is issued to the person. If the person dies the summons does not become the responsibility of his or hers estate. The problem is that if the car is going to be re-registered the summons will appear on the record. Go to your local motor vehicle office and present a death certificate. That should clear the record so that the car can be registered in the new owners name.

2007-01-05 03:25:21 · answer #6 · answered by Tom M 3 · 0 0

No, because everyone has a right to challenge the ticket. The person can't challenge the ticket if the person is dead. Somebody has to tell the court this though. If the person was found guilty or pleaded guilty, then the estate has to pay the fine.

2007-01-04 20:46:04 · answer #7 · answered by gregory_dittman 7 · 0 0

The Estate pays. Believe me, you won't escape death, taxes and speeding tickets. I don't like court that much. I am not Bobby Brown or Mel Gibson.

2007-01-04 20:25:20 · answer #8 · answered by Anonymous · 0 1

The estate would have to pay it like any other outstanding bill or tax owing before the will could be probated.

2007-01-04 20:28:25 · answer #9 · answered by ccrstitch2003 2 · 0 0

Yep there's a courthouse right before you go through the pearly gates. Remember to take your check book with you or you'll be sorry!!!

2007-01-04 20:39:48 · answer #10 · answered by crusinthru 6 · 0 0

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