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  1. #1
    Join Date
    Apr 2011
    Location
    California
    Posts
    7

    Default Expired Registration Fix-It Ticket for a Car That's Not Yours, and Failure to Appear

    My question involves vehicle maintenance laws for the State of: California. My 21 year old play niece who was 20 years old at the time drove her mother's car to school to take a final exam in June of 2010. After finishing her final exam she left school and was pulled over by a police officer and given a Fix-it ticket for expired tags even though she isn't the registered owner of the car. The due date was July 20, 2010. That in my opinion was too short of time for someone who isn't the registered owner of the car the officer is citing them for. I am the registered owner of the car I was driving when I received a Fix-it ticket on March 28,2011 and I was given until May 31, 2011 (2 months and 6 days) to show proof of Insurance. Why was my play niece given a much shorter time to show proof of registration when she isn't even the registered owner of the car she was driving?

    Because the time was too short it went by real fast and before she knew it was past the due date. Her mother who is the registered owner didn't have the money to pay the registration fees by the due date anyway. A month later my play niece received a yellow card in the mail informing her that a whole had been placed on driver's license, she is now being charged with Failure to Appear, and the fine is now $639 + $300 in penalties. I think she tried to get an extension for the Fix-it ticket online and found out that she couldn't get one online. I also think that when she discovered that she couldn't an extension online that she then believed she that couldn't one at all for a Fix-it ticket. She actually would've had to go to the courthouse down the street from my job, stand in a very long line just to get into the courthouse and once she got inside of the building she would've had to stand in a second very long line until she reached the window to get an extension. My play niece went to court on Friday, April 22, 2011 and everyone in the for Failure to Appear was told by the presiding Judge before anyone stepped up to the microphone that he didn't want to hear any explanations. This judge is also noted for not letting people go on their on recognizance when they plead not guilty and don't have money to pay the bail amount. Therefore she was forced to plead guilty/no contest. I didn't go with her so I don't which one she entered. She has to pay $337 by July 1, 2011. She doesn't have any money to pay the fine. I feel that the Failure to Appear should've been dismissed because they didn't give her enough time to show proof for a car isn't registered in her name.

  2. #2
    Join Date
    Sep 2010
    Posts
    9,914

    Default Re: Expired Registration Fix-It Ticket for a Car That's Not Yours+ Failure to Appear

    They gave her time. It was up to her to make sure she was driving a car with legal registration before she went on the road the first time.
    Further, the FTA isn't related to her ability to "fixit" or not.

  3. #3
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,175

    Default Re: Expired Registration Fix-It Ticket for a Car That's Not Yours+ Failure to Appear

    For starters, she was cited for driving a vehicle without valid registration. That is a moving violation that is charged to the driver regardless of who the vehicle belongs to.

    By law, the date to appear must be a minimum of 21 days from the date the citation was issued. (Though she could have appeared earlier assuming the citation was filed in court when she does).

    California Vehicle Code Section 40501
    (a) The time specified in the notice to appear shall be a specific date which is at least 21 days after the arrest, except that the court having jurisdiction over the offense charged may authorize the arresting officer to specify on the notice that an appearance may be made before the time specified.

    That should be sufficient time to make the correction (pay the registration fees and show proof of correction to the court) or request an extension (either online, over the phone or in person at the clerk's window) to avoid a failure to appear and additional fines and fees. And sorry, but her excuse that she would have had to stand in line is not even close to being valid. EVERYBODY who goes to court has to stand in both lines.. One line to get in past security, and one line at the clerk's window.

    So her only option at this point is to pay the full fine amount due otherwise her license will continue to be under suspension and she should NOT drive until the matter is resolved.

  4. #4
    Join Date
    May 2008
    Posts
    111

    Default Re: Expired Registration Fix-It Ticket for a Car That's Not Yours+ Failure to Appear

    It is the end of April. If your 21 year old neice can't come up with $337 in 2 months then there's something wrong. She could work at a mcdonold's for 2 weeks and have the funds. Is there more to the story? Its been almost a year since the original citation. And I'm not sure how traffic law in CA works but a fix it ticket for plates here is a measly $25. And late fees for late registration? $10 for the first 15 days its late. Either there's more to the story that you're not telling us, or more to the story she's not telling you.

  5. #5
    Join Date
    Apr 2011
    Location
    California
    Posts
    7

    Default Re: Expired Registration Fix-It Ticket for a Car That's Not Yours+ Failure to Appear

    I understand what you are saying about the law but the law is unfair to motorists who are not the registered owner of the car they are driving. When you give a Fix-it ticket a person who is not the registered owner of the car that person has to wait on the registered owner to fix the problem or pay the registration fees. The registered owner's financial situation may be such that don't have the money to pay the registration fees in One month and 18 days as was the case with her mother.

    A Fix-it ticket in California is not a regular ticket. A Fix-it ticket is not a moving violation it is a correctible offense. A regular ticket is given for a moving violation and you have to appear in front of a judge. You do not appear in front of a judge for a Fix-it ticket. You take the registration to a Sheriff's Station, a deputy fills out a proof of correction form and you then have the choice of mailing it in along with $25 or going to the courthouse and take it the cashier window along with $25. Therefore she shouldn't have been charged with Failure to Appear. You should only be charged with Failure to appear if you have to appear in front of a judge and you don't. The late fees for car registration in California is more than $10.

    You also receive a letter from the court about a month after you are given the ticket telling you how to take care of the Fix-it ticket. They tell you that if you can't take care of the ticket by the due date you can get a one-time 60 day extension. In the letter they also tell you that if you come to the courthouse you will have to spend more than two hours waiting to take care of the Fix-it ticket and to get an extension so they suggest that you take of it online. One problem, you can't get an extension for a Fix-it ticket online! However, they are telling us to do just that!!

    One month and 18 days is not enough time when you are not the registered owner of the car because as I said earlier you have to wait on the registered owner to fix the problem or pay the registration fees therefore you should get more time. Besides she is not to blame for this, her mother is to blame. Why? Because her mother should've taken the key away from her when the tags expired, her mother knew she wasn't going to be able to pay the registration fees for a while. Her mother is the one who should be punished not my play niece! However, I know that her mother wanted her to get to school on time to take her final exam(s). The only way she had to go to school was to drive her mother's car. Everyone that she could've called had to be at work between 7:00am - 8:30am and my play niece had to be at school for final exam(s) by9:35am. None of school mates that she is friends with had transportation at the time.

  6. #6
    Join Date
    Nov 2007
    Location
    Northern California
    Posts
    519

    Default Re: Expired Registration Fix-It Ticket for a Car That's Not Yours+ Failure to Appear

    Quote Quoting Janito
    View Post
    I understand what you are saying about the law but the law is unfair to motorists who are not the registered owner of the car they are driving.
    4000. (a) (1) No person shall drive, move, or leave standing upon a highway, or in an offstreet public parking facility, any motor vehicle, trailer, semitrailer, pole or pipe dolly, or logging dolly, unless it is registered and the appropriate fees have been paid under this code or registered under the permanent trailer identification program, except that an off-highway motor vehicle which displays an identification plate or device issued by the department pursuant to Section 38010 may be driven, moved, or left standing in an offstreet public parking facility without being registered or paying registration fees.
    That's what the law is. The driver is responsible. The officer can write an "owner's responsibility" ticket to the owner if they want to. The officer in this case, wrote the ticket to the daughter, who is the one who needs to take care of it. How hard is it to get the mother to pay the registration the next day the DMV is open? I guess it's not very hard. Then, her daughter can go in to the court and take care of it. Long lines or not, it needs to be taken care of, period.

  7. #7
    Join Date
    Apr 2011
    Location
    California
    Posts
    7

    Default Re: Expired Registration Fix-It Ticket for a Car That's Not Yours+ Failure to Appear

    I just read a closed thread asking about a Fix-it ticket. Below is the person's statement and question. Please read the person's statement of what transpired between them and the police officer.

    "My question involves vehicle maintenance laws for the State of: CA

    I was driving a relative's car. I received a fix it ticket for an expired registration. The officer said the ticket would be mailed to the owner of the car. My relative received the ticket in the mail and had a police officer stamp and sign off on it. The officer did not give her further instructions, what is the next step?"


    After reading the above statement, you tell me if what they did to my play niece was fair to her!!!! Why didn't the officer who stopped her do the same thing?

  8. #8
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,175

    Default Re: Expired Registration Fix-It Ticket for a Car That's Not Yours+ Failure to Appear

    Quote Quoting Janito
    View Post
    I just read a closed thread asking about a Fix-it ticket. Below is the person's statement and question. Please read the person's statement of what transpired between them and the police officer.

    "My question involves vehicle maintenance laws for the State of: CA

    I was driving a relative's car. I received a fix it ticket for an expired registration. The officer said the ticket would be mailed to the owner of the car. My relative received the ticket in the mail and had a police officer stamp and sign off on it. The officer did not give her further instructions, what is the next step?"


    After reading the above statement, you tell me if what they did to my play niece was fair to her!!!! Why didn't the officer who stopped her do the same thing?
    Did you even read Sniper's response? Especially this part:
    Quote Quoting sniper
    View Post
    The officer can write an "owner's responsibility" ticket to the owner if they want to.
    The officer can write the citation as an "owner responsibility" ticket but at any rate, and regardless of whether you thin it is fair or not, the law states:
    4000. (a) (1) No person shall drive, move, or leave standing upon a highway, or in an offstreet public parking facility, any motor vehicle, trailer, semitrailer, pole or pipe dolly, or logging dolly, unless it is registered and the appropriate fees have been paid under this code or registered under the permanent trailer identification program, except that an off-highway motor vehicle which displays an identification plate or device issued by the department pursuant to Section 38010 may be driven, moved, or left standing in an offstreet public parking facility without being registered or paying registration fees.

    Even if the officer were to have written this as an "owner responsibility" ticket, the mom would still have to pay the registration fees and get the correction within the same time period that she would have done so when the ticket was written for her daughter. So nothing changes there.

    Add the fact that your niece simply choose to ignore the whole thing until the late fees were added, and the problem got compounded accordingly.

  9. #9
    Join Date
    Apr 2011
    Location
    California
    Posts
    7

    Default Re: Expired Registration Fix-It Ticket for a Car That's Not Yours+ Failure to Appear

    Below is the response to the question posed in the closed thread that I read moments ago:

    "The owner of the car needs to contact the court and provide the proof of correction and pay the Admin fee. She can call the court and ask how this can be done if she has not yet received that instruction."

    My play niece didn't choose to ignore the whole thing. She was very busy in the month of July with extracurricular activities at school 3 days a week and putting in job applications at different places that were hiring. She simply forgot about it. When young people are busy with other activities that they are enjoying they forget about things like that. Especially when the due dates are that short. Young people get overly excited about things they are doing that are enjoyable to them and they sometimes forget about other things they need to do. If I had known when her due date was I would've reminded her about it. I would've even went to the courthouse on my lunch and gotten her a one-time 60 day extension.

    Her mother didn't have the money by July 20, 2010. As I stated her mother wasn't able to pay the registration fees until September 20, 2010 which would've have been the last day of the a one-time 60 day extension had my play niece gotten one.

    By the way, her license is not under suspension. The court removed the hold once she and her mother showed the proof of registration. The officer should've written the ticket as "Owner Responsibility" because the owner is responsible for her driving the car in the first place. Her mother knew the tags were expired, she should've taken the key away from my play niece until she was able to pay the registration fees. Her mother chose to let her continue driving the car with expired tags so the mother should've been held responsible for it not my play niece!

  10. #10
    Join Date
    Jul 2010
    Posts
    3,695

    Default Re: Expired Registration Fix-It Ticket for a Car That's Not Yours+ Failure to Appear

    WTH is a play niece?

    She has learned a hard lesson. If someone feels they don't deserve a ticket, they need to contest it in court. If someone gets a ticket, that someone should be responsible and ensure it is taken care of.

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