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  1. #1

    Question Driver's License Suspended Due to Red Light Citation

    My question involves a driver's license issued by the State of: CA
    My drivers license was suspended in July 2009 due to issuance of a red light photo enforcement citation in January 2009. I barely found out about all of this on December 15, 2009 when I called the DMV to renew my DL. A collection agency started calling me in late November. I now owe $751.00 citation and $55.00 to re-instate my DL. I have not gone to court yet because I need help/research in requesting discovery. I want to know if I can still request discovery after a year. I didn't even know about all this! I'm thinking I may not be able to handle all the details and may have to hire a traffic lawyer. According to the video my front tires went over the intersection and the ligh turned red. I beleive the video and pictures were fraudulently tampered to benefit RedFlex profits.

  2. #2
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    Default Re: California Dl Suspended Due to Red Light Citation

    Quote Quoting WhattaSchock
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    My question involves a driver's license issued by the State of: CA
    My drivers license was suspended in July 2009 due to issuance of a red light photo enforcement citation in January 2009. I barely found out about all of this on December 15, 2009 when I called the DMV to renew my DL. A collection agency started calling me in late November. I now owe $751.00 citation and $55.00 to re-instate my DL. I have not gone to court yet because I need help/research in requesting discovery. I want to know if I can still request discovery after a year. I didn't even know about all this! I'm thinking I may not be able to handle all the details and may have to hire a traffic lawyer. According to the video my front tires went over the intersection and the ligh turned red. I beleive the video and pictures were fraudulently tampered to benefit RedFlex profits.
    Although you didn't ask any questions, I will still go ahead and comment on a few points you made:
    • Yes you can still request discovery, even if the citation is a year old.
    • Discovery, and although it relates to your case, and whether you request it or not, does not change the fact nor will it have any effect on your failure to appear or license suspension. Meaning, you are now facing two separate charges... The red light violation (an infraction) AND a Failure To Appear (a misdemeanor).
    • To resolve the suspension issue: you should contact the court, ask them to schedule an arraignment (your court appearance). This would remove the hold off your license. (You may have to pay the court $10 for them to send an abstract to the DMV) at which time you can go to the DMV, pay the $55 reinstatement fee (and the $31 renewal), take the written test, get your license reinstated/(renewed).
    • Redflex does NOT get paid per citation. The vehicle code forbids that sort of contract/agreement... If you can prove that they do get paid based on the number of citations issued then you've got a case, otherwise, you're going to have a difficult time proving that they manipulated the mechanism or the video just so you will be found guilty.

  3. #3

    Default Re: California Dl Suspended Due to Red Light Citation

    Thank you. I was told that I have to go in as a walk-in between 7:30 a.m. to 10a.m. Mon. -Fri. I'm going to do it next week and prepare my discovery over the weekend. I do believe the contract is revenue based if less than the monthly fee is generated. City Hall does not want to-mail me the contract; they charge $9.75 for 39 pages of the documents but I will request it at discovery. I do not have a warrant yet. Thank you again.

  4. #4
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    Default Re: California Dl Suspended Due to Red Light Citation

    Quote Quoting WhattaSchock
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    Thank you. I was told that I have to go in as a walk-in between 7:30 a.m. to 10a.m. Mon. -Fri. I'm going to do it next week and prepare my discovery over the weekend. I do believe the contract is revenue based if less than the monthly fee is generated. City Hall does not want to-mail me the contract; they charge $9.75 for 39 pages of the documents but I will request it at discovery. I do not have a warrant yet. Thank you again.
    I'm curious as to what city and which court this is in? (no need to answer of you don't want to).

    And I never said anything about a warrant. Fact is, its been years since California traffic infractions FTA (failure to appear) have resulted in warrants being issued. Nowadays, they simply notify the DMV, your license is suspended and you are either caught driving while suspended (if you get pulled over) or are unable to renew...

    Quote Quoting WhattaSchock
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    I do believe the contract is revenue based if less than the monthly fee is generated.
    California vehicle Code Section 21455.5(g)
    (1) A contract between a governmental agency and a manufacturer or supplier of automated enforcement equipment may not include provision for the payment or compensation to the manufacturer or supplier based on the number of citations generated, or as a percentage of the revenue generated, as a result of the use of the equipment authorized under this section.
    (2) Paragraph (1) does not apply to a contract that was entered into by a governmental agency and a manufacturer or supplier of automated enforcement equipment before January 1, 2004, unless that contract is renewed, extended, or amended on or after January 1, 2004.

  5. #5

    Default Re: California Dl Suspended Due to Red Light Citation

    West Justice Center in Westminster. The ticket was for Los Alamitos Blvd. and Katella Ave. in the city of Los Alamitos. The city manager e-mailed me telling me that I still had to pay the $9.75 even if the redlfex contract was e-mailed.
    I spoke to the ADA representative for the court and he told me that if I asked for a trial I would have to stay all day for my hearing would be done the same day in the afternoon. Told him I would have to do it another day due to my inability to stand and sit for long periods. It must look like a cattle farm in there...... I find it hard to believe that the whole world is running red lights these days. I've been driving for 26 years now. In that time, I think I've only seen about two maybe three people run red lights. This is definitely rape and robbery of the American people. I love to drive and have traveled up and down CA, AZ, & NV without any accidents. I value the privilidge to drive and wouldn't abuse it. I do not respect the people involved in this whole beaurocracy.

  6. #6
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    Default Re: California Dl Suspended Due to Red Light Citation

    Well, you can save yourself the $9.75... I have read that the Los Alamitos city contract with Redflex was amended (shortly after November 2007) to exclude any fee sharing provisions between the two:
    City of Los Alamitos, California

    Los Alamitos, pop. 13,000, is 5 miles northeast of Long Beach.

    In July 2005 the City signed a contract with RedFlex. Many RedFlex towns send out "Snitch Tickets," which you can ignore. A Snitch Ticket will not have the Court's name and address on it. For more details, see the Snitch Ticket section on the Your Ticket page.

    The original contract included an illegal "cost neutrality" clause (see Defect # 10 - B), whereby the city did not have to pay RedFlex the full rent if there weren't enough fines to cover the cost. On Nov. 4, 2007 the Orange County Register published an article which revealed that in January 2007 an Orange County Superior Court Commissioner dismissed a Los Alamitos ticket and "...issued an opinion opposing the agreements (the contract)." After that court decision, the city revised its contract, eliminating cost neutrality but adding a clause allowing delayed payment for 90 days after new camera installations

  7. #7

    Default Re: California Dl Suspended Due to Red Light Citation

    "Customer may pay, in arrears, the Fixed Fee for the first ninety (90) days after the expiration of the Warning Period to allow for collection by Customer of sufficient fines to pay the Fixed Fee."
    What does this mean exactly?

  8. #8
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    Default Re: California Dl Suspended Due to Red Light Citation

    Quote Quoting WhattaSchock
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    "Customer may pay, in arrears, the Fixed Fee for the first ninety (90) days after the expiration of the Warning Period to allow for collection by Customer of sufficient fines to pay the Fixed Fee."
    What does this mean exactly?
    I don't know!

    I assume you got that from the agreement. You can either post the full section you got that from or you can look at the definitions section (usually on the first page of the first page of such agreement) to get the definitions of "Customer, fixed fee, warning period... etc."

    EDITED TO ADD: It probably means the same thing I posted (in post #6) wherein it states:

    After that court decision, the city revised its contract, eliminating cost neutrality but adding a clause allowing delayed payment for 90 days after new camera installations.
    And in that context, it simply means that the city can delay payment to Redflex for the first 90 days as opposed to paying on a month to month basis to allow the city to collect sufficient revenue from fines to pay the FIXED monthly fee.

    In other words.... NOT what you were hoping for!!!

  9. #9

    Default Re: California Dl Suspended Due to Red Light Citation

    HaHaHa!! Thanks for the encouragemnt..... Well since my SDI runs out next week and I'm not sure if I'll qualify for UI they'll have to take it out of my blood! The temp. agency I was working for does not have any jobs for me; probably because my last assignment let me go due to an 8 day hospital stay in late August of 2009. I know,..they can make a clone of me without the disabilities and that person can work to fund the governments "protection money program" THANK YOU for all your help. Have a great day! And don't take my comments too seriously; I'm just venting...

  10. #10
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    Default Re: California Dl Suspended Due to Red Light Citation

    Quote Quoting WhattaSchock
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    HaHaHa!! Thanks for the encouragemnt.....
    Well, you asked for an interpretation, and I posted mine! I would rather be blunt that to even begin to give you any false hope. That (false hope), in my opinion, is far from being helpful.
    Quote Quoting WhattaSchock
    View Post
    Well since my SDI runs out next week and I'm not sure if I'll qualify for UI they'll have to take it out of my blood! The temp. agency I was working for does not have any jobs for me; probably because my last assignment let me go due to an 8 day hospital stay in late August of 2009.
    In your other thread, you asked about "community service" in lieu of a fine.... While I cannot tell you whether that is an option at the court where your case is being adjudicated, I can assure you that if it is, any mention of "disability" or "health issue" can result in such an option being taken off the table by the court. Just keep that in mind as you plead your case.
    Quote Quoting WhattaSchock
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    I know,..they can make a clone of me without the disabilities and that person can work to fund the governments "protection money program"
    You still have a few options:
    1. Plead not guilty and hope that the officer does not show up. If that happens, that can result in the underlying charge (21453(c)) being dismissed, you may still be held to answer for the failure to appear. Although I have seen a few cases where that matter was also dismissed.
    2. You can request a payment plan/an extension to pay. Whether that option is available through your particular court, I have no idea. You can ask the traffic clerk, or even request either option from the judge.
    3. You have the option of community service, in lieu of a fine. Whether your health/disability may preclude you from having such an option, I am not sure. You should also keep in mind that even if you are granted "community service" there will be an administrative fee associated with that option (somewhere between $40 to $100 depending on the number of hours the court may order you to do.

    Whatever it is that you may choose to do, I hope that you have contacted the DMV and have had your license reinstated. If you have not, then the only advice I can give you in that regards is "DON NOT DRIVE"!!!!
    Quote Quoting WhattaSchock
    View Post
    THANK YOU for all your help. Have a great day! And don't take my comments too seriously; I'm just venting...
    I understand your frustration. You're welcome.... And best of luck!

    Please let us know how it all works out!

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