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  1. #1
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    Exclamation Cited for Failure to Stop at Red Light

    My question involves a traffic ticket from the state of California.
    I got a Traffic Violation Notice.. but it wasn't me who was driving the car at this time. One of my friend told me to just send a copy of my Driver's License to show that I wasn't driving at that time... But it seemed to me that there's more to it.. Since the option at the back of the form is if I sold the car, to state the name of the driver at that time, or if i was the driver.. need help pls.. thank you!

  2. #2
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    Default Re: Cited for Failure to Stop at Red Light

    Quote Quoting taumomi23
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    My question involves a traffic ticket from the state of California.
    I got a Traffic Violation Notice.. but it wasn't me who was driving the car at this time. One of my friend told me to just send a copy of my Driver's License to show that I wasn't driving at that time... But it seemed to me that there's more to it.. Since the option at the back of the form is if I sold the car, to state the name of the driver at that time, or if i was the driver.. need help pls.. thank you!
    You can complete the sworn affidavit and submit it without a driver's name, but most agencies will likely reject that being blank most of the time. Which means you will still be liable for the fine amount. Alternatively, you can appear in court on or before the date on the notice, and when you name is called you can go up, show your ID, and assuming the picture on the ID isn't close to the picture on the citation, then the judge will likely dismiss!

    Which county is this i, by the way? I only ask because different counties will handle these tickets differently!
    I am right 97% of the time... Who cares about the other 4%!

  3. #3
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    May 2012
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    Default Re: Cited for Failure to Stop at Red Light

    this is in Alameda County, City of Hayward, California.. i was listening to a radio commentary of a lawyer one time, and he's advice was to send a clear copy of my driver's license and make a note on the notice that it's not me. if i refuse to pay, will they submit this for collection? thank you for your response

  4. #4
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    Default Re: Cited for Failure to Stop at Red Light

    OK< so in my last post, I gave you the first part, the last part, but I left out the loooong middle part

    Quote Quoting taumomi23
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    this is in Alameda County, City of Hayward, California.. i was listening to a radio commentary of a lawyer one time, and he's advice was to send a clear copy of my driver's license and make a note on the notice that it's not me. if i refuse to pay, will they submit this for collection? thank you for your response
    You can try that if you wish. My guess is that they will reject it without a substitute name... Here is the Alameda County FAQ on that particular point, they aren't specific enough to ask for the name of the driver, instead, they use a backwards approach in that they state: "NOT THE DRIVER? DO NOT PAY THE CITATION IF YOU PLAN TO REQUEST IT BE TAKEN OUT OF YOUR NAME" and you can be sure that the "BE TAKEN OUT OF YOUR NAME" isn't an "Oooops, sorry... We screwed up, we'll take it out of your name. Sorry for the intrusion...".

    Why is that?

    Simply because the affidavit you complete is NOT mailed back to the court. Instead, you MUST mail it to the issuing agency (the Police Dept.) and there is no provision of law prohibiting the police from asking you to disclose the identity of the driver. So they tell you "Complete the form and return it to us and we will take the citation out of your name, and reissue it in the other driver's name. Big emphasis on the first word ("complete") very little emphasis (actually, no mention of it at all)...

    So what happens if you only complete the part declaring you were not driving? Well, assuming there is a good amount of time left before the appearance date, they may return the affidavit to you telling you they've rejected it... Otherwise, that notice represents "an order to appear in court on that specific date". It was properly issued pursuant to VC 40518 and as such it can be enforced.

    Here is the middle part:

    So how do these citations differ from the ones you receive when you get pulled over, get chewed out, have to sign it, making a promise to appear? Exactly, the signature making a promise to appear. In those cases (where you sign a citation promising to appear) and failing to do so, the court will then add a misdemeanor charge (although it is often reduced to an infraction) of failing to appear (see VC 40508(c)) which carries a fine of $275...

    40508(c) A person willfully failing to comply with a condition of a court order for a violation of this code, other than for failure to appear or failure to pay a fine, is guilty of a misdemeanor, regardless of his or her subsequent compliance with the order.


    Additionally, the court will send you a 10 day notice to correct the problem or they will add a civil assessment of $300 as authorized by Penal Code section 1214.1..

    1214.1(a) In addition to any other penalty in infraction, misdemeanor, or felony cases, the court may impose a civil assessment of up to three hundred dollars ($300) against any defendant who fails, after notice and without good cause, to appear in court for any proceeding authorized by law or who fails to pay all or any portion of a fine ordered by the court or to pay an installment of bail as agreed to under Section 40510.5 of the Vehicle Code. This assessment shall be deposited in the Trial Court Trust Fund, as provided in Section 68085.1 of the Government Code.


    And then they can and some often do (the code section says "... the court may...") send notice to the DMV ordering that the driver's license be placed on hold (which for all intents and purposes means suspended until you correct the matter and bring it up to date with the court. This is pursuant to VC 40509.

    40509.
    (a) Except as required under subdivision (c) of Section 40509.5, if any person has violated a written promise to appear or a lawfully granted continuance of his or her promise to appear in court or before the person authorized to receive a deposit of bail, or violated an order to appear in court, including, but not limited to, a written notice to appear issued in accordance with Section 40518, the magistrate or clerk of the court may give notice of the failure to appear to the department for any violation of this code, or any violation that can be heard by a juvenile traffic hearing referee pursuant to Section 256 of the Welfare and Institutions Code, or any violation of any other statute relating to the safe operation of a vehicle, except violations not required to be reported pursuant to paragraphs (1), (2), (3), (6), and (7) of subdivision (b) of Section 1803. If thereafter the case in which the promise was given is adjudicated or the person who has violated the court order appears in court or otherwise satisfies the order of the court, the magistrate or clerk of the court hearing the case shall sign and file with the department a certificate to that effect.

    At the point that all this happens, yes, the citation is referred to collections where an agency (typically only doing collections for a county court system) will receive the information and start calling you, mailing you notices..., etc! (Though they are not the type of agency that will report to the 3 major bureaus!

    So..... For cases where you sign the citation, make a promise to appear, and fail to do so, all courts have local rules that say all of the above will be done. When it comes to you receiving a citation by mail (no signature and no promise to appear) some courts have the same local rules where all of the above will be enforced by the court, whereas other counties (Los Angeles County, for example) has opted out of enforcing these provisions for automated citations... Imagine THAT!!!!!


    And this is the same as that short last part from my last post:

    OK, so I did do all that typing, but there is a simple solution to all of this... Grab your ID, go to court on the date shown on the notice (or check with the court clerk to see if that is the date by which you must request a court appearance)... Appear in court, wait until your name is called, the judge will ask you how do you plead... You answer "your honor, the person pictured on the citation is clearly not me....He'll ask you for ID, you give yours to the bailiff, he verifies that you are who you say you are... And the judge will likely dismiss the citation, no questions asked! If in the slight chance the judge refuses to dismiss (which I have never heard of before), then you simply request a continuance, or pay it, or stick whomever was driving with it.
    or hire an attorney to represent you... or come back here and we'll go from there.

    Good luck and let us know how it works out!
    I am right 97% of the time... Who cares about the other 4%!

  5. #5
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    Default Re: Cited for Failure to Stop at Red Light

    ok, i'm going to try sending a copy of my driver's license indicating that it's not me.. nothing on the notice says i have to appear in court yet, i guess i'll wait for that, and like you said, we'll go from there... thanks again

  6. #6
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    Default Re: Cited for Failure to Stop at Red Light

    Quote Quoting taumomi23
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    ok, i'm going to try sending a copy of my driver's license indicating that it's not me.. nothing on the notice says i have to appear in court yet, i guess i'll wait for that, and like you said, we'll go from there... thanks again
    What does the notice say then?

    As for what I said "we'll go from there" I said that in reference to you going to court and not in reference to you sending a copy of your license.

    Lastly, and the reason why sending a copy of your license isn't going to do much is simply because before that notice was issued, a copy of the picture of the driver was compared to a copy of the picture the DMV has on record for you, the same picture that is on your license.
    I am right 97% of the time... Who cares about the other 4%!

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