Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > California
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 06-14-2012, 10:46 PM
 
Location: Los Angeles, CA
11 posts, read 103,181 times
Reputation: 29

Advertisements

Quote:
Originally Posted by 1200RT View Post
Did you have a 40509.5cvc hold? If so, you will have a lapse, but that isn't a huge deal.
Yes, 40509.5 Holds.

The question is, pay the $619 bail and then schedule a court arraignment date, or just schedule the court date?

Quote:
Originally Posted by 1200RT View Post
Insurance is only going to pull DMV records back 3 years anyway. Sounds like a scammer.
Thanks, that's good to know.
Reply With Quote Quick reply to this message

 
Old 06-14-2012, 11:04 PM
 
Location: Full time RV"er
2,404 posts, read 6,590,782 times
Reputation: 1497
Quote:
Originally Posted by Kindzmarauli View Post
First, my bad: my ticket wasn't for the expired tag. I should have looked at it before posting - but was too sure of what it was for. The ticket was for the old address on the DL - "14600(a) - Current Address Required on DL".

I guess seeing the valid registration with a tag on it was reason enough the officer not to ticket me for that. Sorry I mislead you - although this doesn't really change things much.

@Nighscape: the LASC system gives me two options:
1. Pay the $619 bail
2. Schedule a court date (arraignment only - no trials) - and the available dates are in October 2012.

Are these options mutually exclusive? In other words, can I pay the bail and yet schedule a court date and ask for a reduction and maybe (hopefully) clear the "failure to appear" from the record?

In the meantime, the 2nd notice I got says, "As a result of your failure to appear the court has placed a hold on your driver's license with the DMV." And also: "If full bail is not received, the court will refer your citation to the collection agency."

So it's kind of confusing. If I try to schedule a court date, it gives me a date in October (!).

If I do schedule it for October, do I still need to pay the $619 bail by tomorrow (due date)?

The ticket says, "court appearances by appointment only". How do I appear then to lift the hold if I can't schedule an appearance until October?

Thanks!
Well, I just found this post!. and I can't believe some of the advice here , Read you ticket ! at the bottom of it in California there are several numbers iof which 2 are c.p.c. 853.9, ( California Penal code) Vc 40513.

Both of these relate to your rights at your arreignment , all you need to do is demand ( as it states in the codes) that a verified complaint on the notice to appear .

Now lots of folks on this forum think this is bullS***t but the fact is that when it is used their cases get dismissed , now for your FTA, that gets turned into a fellony , but not to worry c.p.c.740 states that al infractions and misdemeanor actions must be prosecuted thru a verified complaint and c.p.c.806 says all fellony actions must be prosecuted thru a verified complaint .

So if they didn't have the required verified complaint for the first infraction then how can they have the requiress document to move forward in the FTA action? most likely the answer is they can't , there has to be an injured party for a verified complaint . Just a little knoweledge can save you a lot of money
Reply With Quote Quick reply to this message
 
Old 06-14-2012, 11:35 PM
 
Location: Los Angeles, CA
11 posts, read 103,181 times
Reputation: 29
Quote:
Originally Posted by Fighter 1 View Post
all you need to do is demand that a verified complaint on the notice to appear.
Not interested in going down that road. If you follow the thread you will see what I am actually interested in:
1. Should I pay the $619 bail and request a court date (sometime in October), or just request the court date? The due date is tomorrow (6/15). If I do pay the bail, is there still a chance to reduce the fine in the future?
2. What is the procedure to lift the 40509.5 hold? How does one schedule a separate court appearance if the earliest availability for an arraignment is in October?

Thanks guys, constructive advice (VLWH, beb0p, ferretkona, and especially Nightscape and 1200RT) is much appreciated.
Reply With Quote Quick reply to this message
 
Old 06-15-2012, 10:56 AM
 
13,711 posts, read 9,265,809 times
Reputation: 9845
Quote:
Originally Posted by Kindzmarauli View Post
@Nighscape: the LASC system gives me two options:
1. Pay the $619 bail
2. Schedule a court date (arraignment only - no trials) - and the available dates are in October 2012.

Are these options mutually exclusive? In other words, can I pay the bail and yet schedule a court date and ask for a reduction and maybe (hopefully) clear the "failure to appear" from the record?

You've never been to traffic court before have ya? You have to deposit the full amount when you schedule a court date, if the judge rules in your favor, the court will refund your money. If you want to go to court, pay them the $619 deposit and if you win your case in October, you'll get it back. Somewhere in the court scheduling process, it'll ask to collect your deposit. So yes, you have to give them $619 (whether as a payment or as a deposit to go to court) by the due date whether you want to go to court or not. Government never lets you delay paying them even if they're in the wrong.
.
Reply With Quote Quick reply to this message
 
Old 06-15-2012, 12:33 PM
 
Location: Los Angeles, CA
11 posts, read 103,181 times
Reputation: 29
Quote:
Originally Posted by beb0p View Post
You've never been to traffic court before have ya? You have to deposit the full amount when you schedule a court date, if the judge rules in your favor, the court will refund your money. If you want to go to court, pay them the $619 deposit and if you win your case in October, you'll get it back. Somewhere in the court scheduling process, it'll ask to collect your deposit.
That advice just added $300 to my bail.

I scheduled the court arraignment online for October of this year. That procedure did not ask for any money. Then I went back to try and pay the bail, and instead of $619 it is now $919. I will pay it avoid arrest or license suspension, but somehow I feel I've just been gang-raped. Wrong address on the DL? $919 bail 2 months later to avoid arrest or license suspension? What is this, North frigging Korea?

You're right, never been to a traffic court. Was hoping someone who has, would be able to help.
Reply With Quote Quick reply to this message
 
Old 06-15-2012, 12:43 PM
 
2,132 posts, read 4,925,713 times
Reputation: 1002
Ask for jail time instead of the fine. The jails are so overcrowded that they'll probably release you after your first few hours.
Reply With Quote Quick reply to this message
 
Old 06-15-2012, 12:48 PM
 
Location: Los Angeles, CA
11 posts, read 103,181 times
Reputation: 29
No thanks. I appreciate that free advice though, I do.
Reply With Quote Quick reply to this message
 
Old 06-15-2012, 02:10 PM
 
Location: Declezville, CA
16,805 posts, read 40,036,569 times
Reputation: 17695
Quote:
Originally Posted by wrcousert View Post
Ask for jail time instead of the fine. The jails are so overcrowded that they'll probably release you after your first few hours.
Having been through that process, that's the LAST thing I'd suggest.
Reply With Quote Quick reply to this message
 
Old 06-15-2012, 02:16 PM
 
Location: Full Time: N.NJ Part Time: S.CA, ID
6,116 posts, read 12,652,390 times
Reputation: 8687
Quote:
Originally Posted by wrcousert View Post
Ask for jail time instead of the fine. The jails are so overcrowded that they'll probably release you after your first few hours.
Quote:
Originally Posted by Kindzmarauli View Post
No thanks. I appreciate that free advice though, I do.
Quote:
Originally Posted by Fontucky View Post
Having been through that process, that's the LAST thing I'd suggest.
Uh, yeah. Even not having been through any of this, I can't imagine that being a realistic suggestion. Offering up yourself for jail time, even with the slightest risk of actually having to go to jail, seems like the worst possible idea. Seems like any fine would be better than any time in jail.
Reply With Quote Quick reply to this message
 
Old 06-15-2012, 03:43 PM
 
2,132 posts, read 4,925,713 times
Reputation: 1002
Quote:
Originally Posted by 1200RT View Post
Uh, yeah. Even not having been through any of this, I can't imagine that being a realistic suggestion. Offering up yourself for jail time, even with the slightest risk of actually having to go to jail, seems like the worst possible idea. Seems like any fine would be better than any time in jail.
A $1,000 fine would be worse than jail for me. I barely make my living expenses as it is. If I had a ticket and had the choice of paying $1,000 or spending a weekend behind bars, I'd choose jail.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Settings
X
Data:
Loading data...
Based on 2000-2022 data
Loading data...

123
Hide US histogram


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > California

All times are GMT -6.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top