Legal Question in Traffic Law in Mississippi

Statute of Limitations

Can the State of Mississippi prosecute me for a traffic violation (speeding ticket) that occurred more than 10 years ago? I do not keep most personal financial records for more than 7 years and so cannot prove I sent them a check at the time of the infraction. I was last in Mississippi in 1996 or 1997.

Asked on 9/26/06, 12:08 pm

1 Answer from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

Re: Statute of Limitations

Miss. Code 99-1-5's two year statute of limiations for commencement of a prosecution is abated when a person absconds or flees from justice, or absents himself from this state or out of the jurisdiction of the court, or so conduct himself that he cannot be found by the officers of the law, or that process cannot be served upon him. 99-1-7 indicates that a prosecution is commenced when one is notified that he is bound over to appear before a certain court. Usually, the ticket obligates the driver to appear before a certain court, but your ticket is so old, it may not meet the statutory requirement at the time it was issued. Also, there may be other defenses you haven't thought about and the witness may no longer be available.

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Answered on 9/28/06, 10:54 am

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