Did the clerk tell you why it was not?
Here is the section:
Yes I received a proof of correction notice from the sheriff's department that corrected the case # "only" not the VC.
Is 9853.2 vc a correctable offense?
9853.2. The owner shall paint on or attach to each side of the
forward half of the vessel the identification number in such manner
as may be prescribed by rules and regulations of the department in
order that it may be clearly visible. Any such rules and regulations
shall be developed in cooperation with the Department of Boating and
Waterways. The number shall be maintained in a legible condition. The
certificate of number shall be pocket size and shall be available at
all times for inspection on the vessel for which issued, whenever
the vessel is in use, except as to those vessels subject to Section
40303.5. Whenever any person is arrested for any of the following
offenses, the arresting officer shall permit the arrested person to
execute a notice containing a promise to correct the violation in
accordance with the provisions of Section 40610 unless the arresting
officer finds that any of the disqualifying conditions specified in
subdivision (b) of Section 40610 exist:
(a) Any registration infraction set forth in Division 3
(commencing with Section 4000).
(b) Any driver's license infraction set forth in Division 6
(commencing with Section 12500), and subdivision (a) of Section
12951, relating to possession of driver's license.
(c) Section 21201, relating to bicycle equipment.
(d) Any infraction involving equipment set forth in Division 12
(commencing with Section 24000), Division 13 (commencing with Section
29000), Division 14.8 (commencing with Section 34500), Division 16
(commencing with Section 36000), Division 16.5 (commencing with
Section 38000), and Division 16.7 (commencing with Section 39000).
A citation can be signed off per CVC 40610 (the box on the citation that the officer indicated "Yes" on) only if the violation involves "registration, license, all-terrain vehicle safety certificate, or mechanical requirement of this code." It does not appear that a painted hull number falls into any of those categories nor is it mentioned in 40303.5. So, on its face it appears that it is NOT correctable per 40610.
Ask the court. You have a limited time in which to request this, so that ship may have sailed.
The ticket does not say I may have a trial by declaration, it offers bail info and correction info, How do I obtain a trial by declaration?
No, you do not have the "right" for him to respond to you.
The sheriff's department was not very helpful when I called them the first time, Do I have the right (other than common kindness) to have the Commander respond to me?
Plus, understand that the Sheriff's Department has no say in the court's decision NOT to make the violation correctable. You can certainly complain to the court that the deputy's mistake may have prevented you the option of a trial by written declaration, but this is a matter to bring to the court's attention as the Sheriff's Department cannot resolve that.
What is due? The fine? The TBWD?
I cannot get any more extensions and this is due by the 23rd of this month.