Did Judge Disqualify My Proof of Correction Incorrectly

[vkchaves]

My question involves vehicle registration or title in the state of: California

I received a citation for 4000(a)(1). I had paid all the registration fees to DMV on time, but had not yet submitted the smog cert. and had not rec'd the tags or validated reg. card. Within 5 days of receipt of citation, I obtained the smog cert, went to DMV and got tags and card. When I went to court I presented the registration card to the judge as proof of correction and he disqualified it because the date of issue shown on the card was after the date of the violation and fined me the full $256 fine. rather than the $25 transaction fee and dismissal of the violation. The reg card also showed the reg. fees had been rec'd (in full) 2 days prior to the actual due date of the registration, but he paid no attention to that. Was he correct in his judgement that this did not qualify as correction??

[That Guy]

Was the infraction marked as "correctable" or "non correctable" on the citation?

Here are a couple of paragraphs from the 2009 Uniform Bail Schedule:

Offenses Eligible for Correction

Under Vehicle Code section 40522, an officer arresting for violations specified in Vehicle Code section 40303.5 is required to specify the offense charged and note in a form approved by the Judicial Council that the charge shall be dismissed upon proof of correction. Certain offenses specified in Vehicle Code section 40303.5 are designated in the following schedule as potentially eligible for correction. The offenses designated in the schedule as potentially eligible for correction and those offenses specified by Vehicle Code section 40303.5 that are not contained in the schedule may be eligible for dismissal with proof of correction if the citing officer determines that none of the disqualifying conditions of Vehicle Code section 40610(b) exist. (See California Highway Patrol v. Superior Court (2008) 158 Cal.App.4th 726 [riding a motorcycle without wearing any helmet presents an “immediate safety hazard” when an officer makes that determination and issues a noncorrectable citation].) Those disqualifying conditions are present if an officer finds any of the following:

1. Evidence of fraud or persistent neglect;
2. The violation presents an immediate safety hazard;
3. The violator does not agree to, or cannot, promptly correct the violation.

If a citation does not indicate that an offense is eligible for correction, a court may presume that the offense is cited as noncorrectable. (See also California Highway Patrol v. Superior Court, supra, 158 Cal.App.4th at p. 740.) Upon proof of correction of an alleged violation of section 12500 or 12951 or any violation cited pursuant to section 40610, Vehicle Code section 40611 authorizes courts to collect a $25 transaction fee for each violation. No bail amount shall be collected.

This has become a sort of a gray area recently (in 2008) after the CHP appealed to the higher court that the officer should have more discretion in marking a violation as correctable or not.

At this point, and in your case, the only recourse that you might have would be to appeal the court's ruling. However, one must keep in mind that the appeals process is in fact long, drawn out and frustrating.

[vkchaves]

Well I assume since the first thing he asked me was if I had proof of correction and had me hand the document to the bailiff, that he had already determined the violation to be correctable, but then disqualified the proof because the issue date was after the violation date. But as far as I can tell, for license and registration corrections, there is nothing that says you must prove they were valid at the time of the citation in order to qualify for the dismissal. Unlike the rules for insurance or proof of financial responsibility violations, which specifiy that the proof must show that you were insured at the time of citation, the lic. and reg. corrections can occur afteer the fact, so long as they are corrected by the time you go to court. Isn't that right?

[That Guy]

Isn't that right?

Partially... Let me ask you the same question I asked in my last post. Was the violation marked as correctable or non-correctable on the citation?

[vkchaves]

The citation was marked correctable. But my question is whether or not the date the correction is made qualifies or disqualifies the validity of the correction when it comes to registration. The judge claimed that since the registration was corrected after the date of the violation, it didnt qualify as corrected. I thought the only time the date mattered was on insurance violations.

[steel]

Are you saying that your registration fees were paid but you didnt get your car smogged prior to the citation ? In ca if your tags are expired you must pay fees & get a one day moving permit to smog car. Paying only the registration fees does not permit you to drive on public roads unless a smog is not due.

[That Guy]

Are you saying that your registration fees were paid but you didnt get your car smogged prior to the citation ? In ca if your tags are expired you must pay fees & get a one day moving permit to smog car. Paying only the registration fees does not permit you to drive on public roads unless a smog is not due.

That is very true... However, if cited and assuming the citation is marked as correctable, and if the correction (vehicle is smoged, registration card is issued current tabs are placed on the vehicle) then judges typically dismiss the citation, and the offender will only have to pay the $25 administrative fee (in lieu of the full fine + assessments) and call it a day.

The citation was marked correctable.

Then the judge should have dismissed unless he/she knows something we don't.

Bad thing about where this is at, is that the case has been adjudicated... As in "closed" and your only recourse at this point is to go through the appeals process.

Here's a document that gives you instructions on how to go about Appealing a Traffic Infraction Guilty Verdict

Whether you have the time and desire to follow through all the way, I don't know. It is a long agonizing process and it does get quite involved.

oh, and here is the Website

[vkchaves]

What I'm asking is does the date a correction is made qualify or disqualify the validity of the correction. The judge asked if I had proof of correction, which I did. Then he said that it didn't qualify since the deate it was corrected was 2 days after the violation date. From everything I have read, the only time a correction has to be dated on or before the violation is when it comes to insurance violations. Can a registration ticket be corrected by registering the vehicle after the violation?

Ok. Thank you. I am going to attempt to appeal, just needed to be sure I was right before I went ahead. I guess I have nothing to lose by trying. Thanks for your help.

That is very true... However, if cited and assuming the citation is marked as correctable, and if the correction (vehicle is smoged, registration card is issued current tabs are placed on the vehicle) then judges typically dismiss the citation, and the offender will only have to pay the $25 administrative fee (in lieu of the full fine + assessments) and call it a day.


Then the judge should have dismissed unless he/she knows something we don't.

Bad thing about where this is at, is that the case has been adjudicated... As in "closed" and your only recourse at this point is to go through the appeals process.

Here's a document that gives you instructions on how to go about Appealing a Traffic Infraction Guilty Verdict

Whether you have the time and desire to follow through all the way, I don't know. It is a long agonizing process and it does get quite involved.

oh, and here is the Website

[That Guy]

Can a registration ticket be corrected by registering the vehicle after the violation?

Yes it can.

[vkchaves]

If I am filing an appeal, am I appealing the final judgement of conviction, an order made by the trial court after conviction or both? It seems to me that I should be appealing both, since he should have dismissed the charge and then charged me only the $25 transaction fee. And, to appeal both, do I check the box marked "Other" and list both the final judgement and the order after?