Unpaid Speeding Ticket and Insurance

[mk1933]

My question involves a speeding ticket from the State of: CA
I had a speed ticket back in 02/09; the speed was 75+ on a 70 highway 5.
The officer didn't give me the chance to look for my insurance card. I ended up with a speed ticket and unverified insurance. few months later, i called the Fresno Court and asked about my ticket. i was told that nothing was under my name. I never received any notification from them. last week, i received a collection agency bill asking me for 1308$. i called the court and they told me that i have to pay the ticket and that i should have called and kept checking with them
I was informed that i have to pay 1004$ and submit a civil assessment to the judge. How does this work?
i feel really sad that i can't proof that i never received anything from them. I admit my fault regarding the speed but it is very unfair to penalize me with 1300 which i don't have. is there anyway to pay the original amount with a proof of correction. I am willing to pay the ticket but i have a full coverage insurance and i find it unfair to pay a ticket for something i already have.

[That Guy]

Skip the collection agency and go directly to court.

The insurance violation: you should be able to show proof of correction (proof of insurance) to the clerk and it should be dismissed.
The speeding citation: you can either fight the ticket or pay the fine (approximately $200).
The Failure to appear/pay: It doesn't sound like you have a legitimate excuse for that so chances are you'll have to pay the civil assessment (approximately $300).

Also, if you had a failure to appear that can also mean that your license was suspended by the court. Do NOT drive until you contact the DMV to verify the status of your license and get it reinstated. Again, if your license is suspended, do not drive to court. Get somebody to take you there and then to the DMV.

I'm guessing that the reason why you never received a first courtesy notice from the court (when the citation was eventually filed), the second courtesy notice (when you failed to appear), as well as the suspension notice (when your license was suspended), is because your address is not current on your license. So those notices were sent to an older address. Update your address with the DMV when you go there to reinstate your license.

[mk1933]

thank you for the info.
i am sending an application to vacat civil assessment and i am hoping they will refund me the money for the insurance part only. No suspension yet just hold.

[That Guy]

i am sending an application to vacat civil assessment

Again, your excuse for failing to appear is simply "I forgot" and usually that isn't enough to get that dropped, but you can try...

No suspension yet just hold.

A "hold" IS a "suspension"!!! Again, contact the DMV for more info.

[mk1933]

I called them yesterday and they said I have hold NO suspension. I checked the court website and my case displays these codes.
Violation 1: 22356(b) VC Violation 2: 16028(a) VC Violation 3: 40508(a) VC
Case Status: Open
I tried to call today but everything is closed.
i am really nervous about that. I drive about 80 miles every day to work. i can't even pay the money.

[That Guy]

I called them yesterday and they said I have hold NO suspension.

And with you getting stopped while your license is on "hold", it is just as bad as you getting stopped while your license is "suspended". The same vehicle code section (CVC 12500) applies when you are cited for you license being on "hold", you being an "unlicensed driver" or you "driving while suspended".

So for all practical purposes, and for the third time, a "hold" is the same as a "suspension".

I tried to call today but everything is closed.

Here's what you need to do... Call the court tomorrow (or preferably have someone drive you to court) and request that they schedule your case for arraignment. Chances are, you will get an arraignment date for a month, two or maybe even three months down the line (depending on how busy the court calendar is). After your arraignment is scheduled, and to get the "Hold" removed off of your license, you can request the court clerk to send notice to the DMV to remove the hold off of your license. You can simply wait 3 days for this to happen automatically, or you can expedite the process by paying a $10 "Abstract Fee" (and notice will be sent immediately). Once you have paid that $10 and have the receipt in hand, go to the DMV and get your license reinstated. Until then, do not drive or at least do not get pulled over.

[mk1933]

Hey, i really appreciate the information.
i will try to do what you said tomorrow. the only issue is that i live in southern ca and Fresno is about 5 hours drive. I guess i have to take few days off just to do this. plus i need a ride.