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How Long Does It Take to Unsuspend a License After Failure to Appear
My question involves traffic court in the State of: California
Hi I was just wondering, my friend has a number of tickets all FTA about 9 or 10 a couple for speeding, driving on a suspended license, and broken tail light.
No warrants are being issued by the assigned courts, but for failing to appear they have placed a hold on his driver license.
I was just wondering if he just does not deal with them how long would it take to clear it off of his driving record, and for the outstanding tickets to go away?
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I should add that he is not dealing with them on the sole purpose of principal. He attempted to deal with one of them but when he told the judge he wanted to plead not guilty she said well then I will be setting high bail for you....keeping in mind this is a traffic matter...So having hardly any money and not wanting to be thrown in jail for the duration of a simple traffic trial he pled guilty. He had evidence to prove he was innocent of most of it that wouldv'e lowered everything a lot which he planned to introduce at trial but the judge threatened to throw him into jail if he didn't plead guilty so that evidence was never shown. And thus led to him not wanting to go to traffic court ever again....Not saying it's the right thing just giving you some background.
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Re: How Long Does It Take to Unsuspend a License After Fta
If he does not clear the FTAs by appearing in court, the hold will never go away. Duh! The charges will also stay on his record. They don't just go away if you ignore them. He must be paying a fortune for insurance...or is he just ignoring that too?
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Re: How Long Does It Take to Unsuspend a License After Fta
Effect of a Failure to Appear On A Drivers License Record:
California Vehicle Code section 12808 states:
(a) The department (DMV ) shall, before issuing or renewing any license, check the record of the applicant for conviction of traffic violations, traffic accidents, reports filed pursuant to Section 103900 of the Health and Safety Code, reports filed pursuant to Section 13803, or notices issued pursuant to Section 21061.
(b) The department shall, before issuing or renewing any license, check the record of the applicant for notices of failure to appear in court filed with it and shall withhold or shall not issue a license to any applicant who has violated his or her written promise to appear in court unless the department has received a certificate issued by the magistrate or clerk of the court hearing the case in which the promise was given showing that the case has been adjudicated or unless the applicant’s record is cleared as provided in Chapter 6 (commencing with Section 41500) of Division 17. In lieu of the certificate of adjudication, a notice from the court stating that the original records have been lost or destroyed shall permit the department to issue a license.
(c) (1) Any notice received by the department pursuant to Section 40509, 40509.1, or 40509.5, except subdivision (c) of Section 40509.5, that has been on file five years may be removed from the department records and destroyed at the discretion of the department.
(2) Any notice received by the department under subdivision (c) of Section 40509.5 that has been on file 10 years may be removed from the department records and destroyed.
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free9man
If he does not clear the FTAs by appearing in court, the hold will never go away. Duh! The charges will also stay on his record. They don't just go away if you ignore them. He must be paying a fortune for insurance...or is he just ignoring that too?
The hold goes away in 5 to 10 years....maybe not the charges but the suspension on his driving privilege does. And he's currently not driving these are from 2 years ago.
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At least this is my understanding from the above written statement
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Re: How Long Does It Take to Unsuspend a License After Fta
Notice the word may is used in both those things you highlighted, meaning they can if they want but are not required to.
You need to stop hanging out with criminals...oh wait birds of a feather and all that.
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Re: How Long Does It Take to Unsuspend a License After Fta
So now people with traffic tickets are criminals?
Damn that means nearly every American that drives is a criminal
And they want to clear out as many of the old holds that they have, in my opinion as soon as law allows.
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Re: How Long Does It Take to Unsuspend a License After Fta
They may want to but they don't have to. Again, there is no legal requirement for them to do it until your loser friend bucks up and takes his punishment. If they see someone has 10 holds, they might think that person isn't getting the message. If it's computerized, it wouldn't even take enough space for them to worry about clearing.
Nope, not all people with traffic tickets are criminals. Some are though, as some traffic charges are misdemeanors or felonies. Stop exaggerating things, it doesn't become an alleged law student. But people with drug, fraud, and theft related convictions/charges are criminals. All of which you or your friends have managed by your own accounts on here.
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Re: How Long Does It Take to Unsuspend a License After Fta
The suspensions remain until the action is cleared by the department. This can be in 5 or in 10 years, and then your friend will still have to reapply. In the meantime he faces jail if caught driving on a suspended license and any car he drives can be impounded for up to 30 days (which will result in about $3,000 in fees to the tow company and local law enforcement agency). And, if he refuses to claim the vehicle it can be sold at auction and any unpaid difference in what the car brings at auction and what is owed will be sought from the owner.
Oh, and all those unpaid tickets will likely go to collections adding about $500 PER citation.
So, his call.
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Re: How Long Does It Take to Unsuspend a License After Fta
So if he does not plan on driving for the next 5 to 10 years the holds will eventually come off is what you're saying is that correct?
Then after the holds are removed he can reapply for a driver license without there being any remaining holds on his license?
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Another question......if something goes to collections and you file for bankruptcy do you still have to pay them?
All knowledge is appreciated
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Re: How Long Does It Take to Unsuspend a License After Fta
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matt4200
Hi I was just wondering, my friend has a number of tickets all FTA about 9 or 10 a couple for speeding, driving on a suspended license, and broken tail light.
Wait... a couple for speeding, driving on a suspended license, and a broken tail light... And that adds up to TEN?
I think 10 is this guys nightmare number or something... He claims he has 10 LAPD detectives showing up at his house frequently to harass and search his house. Yeah, I can see LAPD detective conducting their own searches.
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matt4200
No warrants are being issued by the assigned courts, but for failing to appear they have placed a hold on his driver license.
Typically, as soon as one court notices other pending FTA actions against you, a warrant will be issued, so stand by on that one.
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matt4200
I should add that he is not dealing with them on the sole purpose of principal. He attempted to deal with one of them but when he told the judge he wanted to plead not guilty she said well then I will be setting high bail for you....keeping in mind this is a traffic matter...So having hardly any money and not wanting to be thrown in jail for the duration of a simple traffic trial he pled guilty. He had evidence to prove he was innocent of most of it that wouldv'e lowered everything a lot which he planned to introduce at trial but the judge threatened to throw him into jail if he didn't plead guilty so that evidence was never shown. And thus led to him not wanting to go to traffic court ever again....Not saying it's the right thing just giving you some background.
Your story makes no sense whatsoever... A judge threatening someone with jail time if he didn't plead guilty? but if it did, the principal of the story would be that the judge has some psychic powers or something. She called it right but at any rate, that story will not save your skin when you eventually decide to deal with these.
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matt4200
Effect of a Failure to Appear On A Drivers License Record:
California Vehicle Code section 12808 states:
(a) The department (DMV ) shall, before issuing or renewing any license, check the record of the applicant for conviction of traffic violations, traffic accidents, reports filed pursuant to Section 103900 of the Health and Safety Code, reports filed pursuant to Section 13803, or notices issued pursuant to Section 21061.
(b) The department shall, before issuing or renewing any license, check the record of the applicant for notices of failure to appear in court filed with it and shall withhold or shall not issue a license to any applicant who has violated his or her written promise to appear in court unless the department has received a certificate issued by the magistrate or clerk of the court hearing the case in which the promise was given showing that the case has been adjudicated or unless the applicant’s record is cleared as provided in Chapter 6 (commencing with Section 41500) of Division 17. In lieu of the certificate of adjudication, a notice from the court stating that the original records have been lost or destroyed shall permit the department to issue a license.
(c) (1) Any notice received by the department pursuant to Section 40509, 40509.1, or 40509.5, except subdivision (c) of Section 40509.5, that has been on file five years may be removed from the department records and destroyed at the discretion of the department.
(2) Any notice received by the department under subdivision (c) of Section 40509.5 that has been on file 10 years may be removed from the department records and destroyed.
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The hold goes away in 5 to 10 years....maybe not the charges but the suspension on his driving privilege does. And he's currently not driving these are from 2 years ago.
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At least this is my understanding from the above written statement
Your understanding would be wrong... Where does it say that the hold is removed? Or that the suspension is removed? Or that the record of the suspension is removed? Or that his license is reinstated? It says the notice to place a hold can be destroyed but the effects of that notice are everlasting. The department is NOT going to destroy records of a driver's multiple suspensions.
And an FYI, the "notice" used to be a little piece of paper (called an abstract)that got delivered (mailed) to the DMV by the court. Once that is received by the DMV it was entered as part of the driver's record and it remains there permanently or until another notice (similar piece of paper also called an abstract) was received removing the hold. Nowadays, those "notices" are sent electronically. Whether it is a notice to place a hold or remove a hold, it is entered into the DMV system and becomes a part of the driver's record.
THOSE are the "notices" that the code section you posted are referring to. If its a paper notice it "may", as free9man noted, be removed from the file and destroyed if the DMV chooses, if its an electronic notice it "may" be purged from the system if the DMV chooses but the record entered into the system cannot and will not be destroyed, when a notice to remove the hold is received, then the record is updated to reflect a "pending reinstatement license" and it will be reinstated after you pay the fee to the DMV.
In fact, here:
13365.
(a) Upon receipt of notification of a violation of subdivision (a) or (b) of Section 40508, the department shall take the following action:
(1) If the notice is given pursuant to subdivision (a) or (b) of Section 40509, if the driving record of the person who is the subject of the notice contains one or more prior notifications of a violation issued pursuant to Section 40509 or 40509.5, and if the person's driving privilege is not currently suspended under this section, the department shall suspend the driving privilege of the person.
(2) If the notice is given pursuant to subdivision (a) or (b) of Section 40509.5, and if the driving privilege of the person who is the subject of the notice is not currently suspended under this section, the department shall suspend the driving privilege of the person.
(b) A suspension under this section shall not be effective before a date 60 days after the date of receipt, by the department, of the notice given specified in subdivision (a), and the notice of suspension shall not be mailed by the department before a date 30 days after receipt of the notice given specified in subdivision (a).
The suspension shall continue until the suspended person's driving record does not contain any notification of a violation of subdivision (a) or (b) of Section 40508.
So they can destroy ALL the notices as soon as they receive them and immediately after they enter them into the driver's record. As long as your record contains a record of the violation, you're not driving in this state... or in this country for that matter since your suspension is reported to the National Driver Record (NDR).
And before you start arguing about that says 40509 and 40509.5 and this says 40508... A 40508 is the code section number for the added charge for the FTA. The 40509 and 40509.5 are the code sections that describe the procedure of how notice of the FTA is sent to the DMV.
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matt4200
So now people with traffic tickets are criminals?
Damn that means nearly every American that drives is a criminal
No... Only some... For starters, ^^that^^ driving with a suspended license can be charged as a misdemeanor. Also, and while they are not typically treated as crimes, infractions are described as such in the Penal code:
16. Crimes and public offenses include:
1. Felonies;
2. Misdemeanors; and
3. Infractions.
And last but not least, and judging by your other threads, you and your friends ARE criminals! So why are you getting offended?
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matt4200
And they want to clear out as many of the old holds that they have, in my opinion as soon as law allows.
Must be the hash.... Why you would think that? If the DMV can collect $55 for every suspended license due to a hold being placed from the court, you would have to be out of your mind to think they'd want to clear them out and hand out driver's licenses.
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matt4200
So if he does not plan on driving for the next 5 to 10 years the holds will eventually come off is what you're saying is that correct?
Then after the holds are removed he can reapply for a driver license without there being any remaining holds on his license?
10 years is a long time to wait only to then reapply and have your application get rejected. But you're free to try!
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matt4200
Another question......if something goes to collections and you file for bankruptcy do you still have to pay them?
The collection agencies that do these collections are not classified as debt collectors. Only as an agency (a subcontractor) working on behalf of the court to handle outstanding citations. So they are not subject to the FTC or its FDCPA rules and regulations nor are the forbidden from continuing to collect on a pending matter on behalf of the court, before, during or after your bankruptcy. Now, it is not "if" something goes to collections... These... uhm... cough.... TEN FTAs are in collections already! And as cdwjava stated, you can expect anywhere between $300 to $500 in additional fines, penalties and civil assessments to be added PER CITATION when you FTA.
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Re: How Long Does It Take to Unsuspend a License After Fta
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That Guy
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matt4200
No warrants are being issued by the assigned courts, but for failing to appear they have placed a hold on his driver license.
Typically, as soon as one court notices other pending FTA actions against you, a warrant will be issued, so stand by on that one.
I'm amazed that no warrants have been issued. 40509.5 (e)(4) is pretty specific about suggesting that courts issue a warrant if the driver's record already contains an instance of a FTA.
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themadnorwegian
I'm amazed that no warrants have been issued. 40509.5 (e)(4) is pretty specific about suggesting that courts issue a warrant if the driver's record already contains an instance of a FTA.
I'm thinking he's exaggerating the number of cases he has pending. And you're absolutely right... 40509.5(e) specifically says that one or more pending FTAs will get you a warrant...
(e) If the court notifies the department of a failure to appear or pay a fine or bail pursuant to subdivision (a) or (b), no arrest warrant shall be issued for an alleged violation of subdivision (a) or (b) of Section 40508, unless one of the following criteria is met:
...
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(4) The driver's record shows an unresolved charge that the defendant is in violation of his or her written promise to appear for one or more other alleged violations of the law.
So lets assume that his second FTA came along but that particular clerk forgot, or got lazy and thought, I'm not checking... And that went as a notice to the DMV instead of a warrant. You'd assume his third one will check... Or forth! fifth?
Or maybe he has 7 or 8 warrants and he hasn't found out yet. He may find out the next time he goes to visit one of his buddies in Men's Central Jail... LASD will get a hold of him, take him on a tour of the facility especially "special visitor's room"... And that is where he will learn about how special the LAPD is compared to LASD!
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Re: How Long Does It Take to Unsuspend a License After Fta
Believe or don't believe me it is entirely up to you the 40509.5 Holds are issued from different court houses one from Chatsworth (not a criminal courthouse), One from Beverly Hill(not really a criminal courthouse), One from S hill st. One from Simi Valley (not a criminal courthouse), and the rest just say open civil assessment and one just says open no civil assessment.
So it'd be 4 in total 40509.5 holds the rest are open pending civil assessment I guess?
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Re: How Long Does It Take to Unsuspend a License After Fta
Your friend is going to owe a lot of money before he can get these holds released. And even if he waits the ten years and for some reason the DMV drops the holds, he is still going to owe the money and his credit is going to be damaged as a result of all those collections accounts.
It is never a good idea to ignore these things. They do not just go away by wishing it.
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Re: How Long Does It Take to Unsuspend a License After Fta
I know the fines won't just disappear but to him the court system has failed him, he wanted his day in court and the judge said well you can either plead guilty and go home today or plead not guilty and I will set a high bail amount. I don't know about you but I've never heard of setting bail for things like speeding tickets or no proof of insurance.
So you being a NorCal cop do you honestly believe that at some point regardless of if the fines are paid or not at some point in time from now to 8 more years from now (because its already been 2 years) that the holds will be removed from his license by the DMV and he can reapply without being told sorry there's a hold on here.
Just your honest opinion one way or another.
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Re: How Long Does It Take to Unsuspend a License After Fta
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matt4200
I know the fines won't just disappear but to him the court system has failed him, he wanted his day in court and the judge said well you can either plead guilty and go home today or plead not guilty and I will set a high bail amount. I don't know about you but I've never heard of setting bail for things like speeding tickets or no proof of insurance.
That depends on the context. If by "bail" he was expected to pay the fines and fees up front (sometimes done prior to a TBD), then, yes, I have heard of it. If he had some prior FTAs before his court appearance before the judge in question, then it also makes sense.
Had he simply appeared on the dates and times indicated on his citations the system would have worked as it was designed. In essence it seems that your friend failed the system, not the other way around.
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So you being a NorCal cop do you honestly believe that at some point regardless of if the fines are paid or not at some point in time from now to 8 more years from now (because its already been 2 years) that the holds will be removed from his license by the DMV and he can reapply without being told sorry there's a hold on here.
I do not know. But, I hope not. It offends my sensibilities to believe that someone can simply wait out penalties against them and they go away.
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Yeah but 10 years is in insanely long amount of time
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matt4200
Yeah but 10 years is in insanely long amount of time
Your friend is free to take care of it sooner if he'd like. Or, he can be a pedestrian for ten years and then HOPE he can get his license then. Ths is a predicament of his own choosing.
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Ok but if he attempts to deal with them and finds that all the other courts are just as bad as the first court then what?
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matt4200
Ok but if he attempts to deal with them and finds that all the other courts are just as bad as the first court then what?
Then your friend will have learned a very valuable lesson: Do not tarry when it comes to legal matters.
He can wish for things to change all he wants, but it won't change the facts as they exist. And no one here is going to encourage him to drive suspended for the next decade ... though, if he chooses to do so, not only does he risk losing any car he operates, but any friend that provides him with the vehicle faces criminal prosecution as well.
Perhaps you can offer him a local bus schedule as a Christmas present.
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Re: How Long Does It Take to Unsuspend a License After Fta
OK, so in your first post, you specifically indicated that ALL 9 or 10 were FTAs:
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matt4200
Hi I was just wondering, my friend has a number of tickets all FTA about 9 or 10 a couple for speeding, driving on a suspended license, and broken tail light.
Now you're saying:
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matt4200
So it'd be 4 in total 40509.5 holds the rest are open pending civil assessment I guess?
If only 4 have 40509.5 holds, then only 4 are FTAs...
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matt4200
Believe or don't believe me it is entirely up to you
I don't believe... Rest assured that your several attempts to exaggerate the facts are not making you or your friend(s) seem like any more of a victim. When you abscond on what you claim to be 10 traffic tickets, all of which are criminal matters as described by law, regardless of whether you think the court is a criminal courthouse or not, does not make you or your friend any less of a criminal.
In fact, if there is any truth to the fact that you still have six more cases that are "open" and since you (or he) have no intention of following through as required of you, then as I said before, stand by on that warrant, one of the six courthouses will wisen up and set your bail higher than you can afford, so you can start yet another thread about how "the court system failed you and what to do about a bail reduction".
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matt4200
one from Chatsworth (not a criminal courthouse),
Well, are you and your friends too good for traffic court you have to have a Criminal Court division to appear? Chatsworth does not handle criminal but these cases as you described them are traffic and Chatsworth sure does have a traffic division, Click HERE.
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matt4200
One from Beverly Hill(not really a criminal courthouse)
Wrong, Beverly hills has both, a criminal division and a traffic division, Click HERE.
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matt4200
One from S hill st.
That's Metro... You would have to be out of your mind to even think that Metro doesn't have Criminal AND traffic? Click HERE.
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matt4200
One from Simi Valley (not a criminal courthouse)
Simi Valley is in Ventura County... And it DOES have a traffic division! Click HERE
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matt4200
I know the fines won't just disappear but to him the court system has failed him, he wanted his day in court and the judge said well you can either plead guilty and go home today or plead not guilty and I will set a high bail amount. I don't know about you but I've never heard of setting bail for things like speeding tickets or no proof of insurance.
Posting bail for someone who is pleading "not guilty" to a traffic infraction is the NORM. Now he could have made an attempt to even provide the court with proof oif insurance, that would have knocked off the bigger part of the bail/fine (or close to $900), but if ha wasn't insured at the time, then that was a cinch of a conviction and the judge was within her ability to require bail. Either way, if that to him is the court system failing him, he still had recourse, (I'll lave that part out) and although he would have received the same answer, he instead, shot himself in the foot, not once, or four times, but according to you, TEN times! His loss! His failure!
And why is it that you (again) and your friends always have issues with high bail amounts? Knowing that each and every court you have all been to has required high bail, that would be part of your expectation instead of feeling this sense of entitlement to an O.R. release when in fact, that isn't even offered to the most upstanding of citizens! But I guess you all need an excuse to whine and complain about something...
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matt4200
Yeah but 10 years is in insanely long amount of time
Even longer if you get to 10 years and find out... Damn, all this waiting and the records are still there!
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cdwjava
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matt4200
Ok but if he attempts to deal with them and finds that all the other courts are just as bad as the first court then what?
Perhaps you can offer him a local bus schedule as a Christmas present.
I'm thinking a bus pass or maybe even a pair of sneakers might be the PERFECT compliment to a bus schedule! Something legit though... If you know what I mean!
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Re: How Long Does It Take to Unsuspend a License After Fta
Okay they are all failures to appear but at the same time only 4 of them opted to put a Hold the rest simply have open civil assessments NO HOLDS and I didn't say they didn't have traffic I said non criminal and I wasn't familiar with the metro one my bad....when I say bail amount I mean bail amount and when I say fine amount I mean fine amount.
I also would like to pose a new question the first time he went to court it was after he had failed to appear so he had rescheduled a court date then added to the charges was a misdemeanor FTA as previously stated he tried to plead not guilty but had no bail money so was forced to plead guilty the judge gave him no option of a trial by jury is the judge supposed to give this option or provide some form of paperwork stating such?
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matt4200
Okay they are all failures to appear but at the same time only 4 of them opted to put a Hold the rest simply have open civil assessments NO HOLDS and I didn't say they didn't have traffic I said non criminal and I wasn't familiar with the metro one my bad....when I say bail amount I mean bail amount and when I say fine amount I mean fine amount.
The bail, as used in traffic offenses, is most often used to secure a trial date or a TBWD. A fine is something imposed after a verdict of guilty. In some instances, if a person is facing incarceration as a result of FTAs, bail can be posted in lieu of jail. We would have to know more about the specific circumstances of each incident to venture a guess as to what was going on. But, in the long run, he has to deal with a lot of FTAs and will have to pay a lot of money before he will have a chance of getting his license back.
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I also would like to pose a new question the first time he went to court it was after he had failed to appear so he had rescheduled a court date then added to the charges was a misdemeanor FTA as previously stated he tried to plead not guilty but had no bail money so was forced to plead guilty the judge gave him no option of a trial by jury is the judge supposed to give this option or provide some form of paperwork stating such?
If he was being held on a jailable misdemeanor he could have pled not guilty and been remanded into custody and gone to trial. He chose to stay free and opted, instead, to plead guilty.
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Re: How Long Does It Take to Unsuspend a License After Fta
Well his plan is to go to South Africa because he has dual citizenship here and there and get an international driver license from there and come back here what would your thoughts be on that?
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Re: How Long Does It Take to Unsuspend a License After Fta
His driving privileges in CA would still be suspended and he would be subject to citations/arrest if caught. His vehicle could also be impounded.
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matt4200
Well his plan is to go to South Africa because he has dual citizenship here and there and get an international driver license from there and come back here what would your thoughts be on that?
As mentioned by free9man, he would still be suspended and unable to lawfully drive. And many states in the USA do NOT recognize these "international" licenses - neither does CA.
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Re: How Long Does It Take to Unsuspend a License After Fta
Yeah but if he presents in international license to the officer if pulled over how would the officer know his CA license is suspended?
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Vehicle Code
Section 12502
(a) The following persons may operate a motor vehicle in this state without obtaining a driver license under this code:
(1) A nonresident over the age of 18 years having in his or her immediate possession a valid driver license issued by a foreign jurisdiction of which he or she is a resident, except as provided in Section 12505.
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What does it mean by foreign jurisdiction?
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Re: How Long Does It Take to Unsuspend a License After Fta
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matt4200
Yeah but if he presents in international license to the officer if pulled over how would the officer know his CA license is suspended?
First clue would be handing the officer a license not recognized in CA.
Second clue would come when the officer runs the operator's name and birthdate and is told by the DMV that he is suspended.
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What does it mean by foreign jurisdiction?
325. A "foreign jurisdiction" is any other state, the District of
Columbia, territories or possessions of the United States, and
foreign states, provinces, or countries.
But, if your license is suspended here then it is suspended her regardless of who else has given you a license to operate elsewhere.
And, yes, we do tend to run the names of people with foreign licenses to check for status in CA.
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Really?
Just being honest a friend of mine had his CA license suspended so he went to Oregon where he was born and got a driver license out there then came back to CA and drives with it I've been in the car while he's been pulled over they run his Oregon License nothing about his CA suspension comes up at least the cops didn't say so....
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He just told him that he's from Oregon but came down to CA for a week or so
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So by that definition of a foreign jurisdiction then an international driver license should be accepatable? Or one from South Africa should be am I correct in assuming this?
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matt4200
Really?
Just being honest a friend of mine had his CA license suspended so he went to Oregon where he was born and got a driver license out there then came back to CA and drives with it I've been in the car while he's been pulled over they run his Oregon License nothing about his CA suspension comes up at least the cops didn't say so....
Then they either did not run his license, his license was not suspended, or they simply ran it through Oregon (which would be unheard of anywhere I know of).
Why does he keep getting pulled over???
Oh, and when OR gets wind of his CA suspension, THAT license will also likely be suspended. There is a process in place to prevent just what your friend is doing ... and since to apply for his OR license he probably neglected to advise OR that his CA license had been suspended, that could be enough by itself.
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So by that definition of a foreign jurisdiction then an international driver license should be accepatable?
Nope. Pray, tell, what country operates under the name "International?"
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Or one from South Africa should be am I correct in assuming this?
Yes. For a limited time, if a tourist. Also, if no also suspended here. But, except for the agency that your other friend has been stopped by, his name and birthday will be run if stopped and they will find his license suspended.
Gee ... you do seem to have a lot of friends that get in trouble ... perhaps you should consider a better class of associates? I hung around with a rough crowd in high school and they have not had half as many contacts with the police as you and your friends seem to have.
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Re: How Long Does It Take to Unsuspend a License After Fta
These are all different friends haha
Also the friend with the Oregon driver license is the one who got arrested with me back in April for the poss of hash which was rejected by the DA but at that time he was on Ca probation but because the officers saw his Oregon driver license they neglected to ask if he was on probation so the whole 72 hours he was in jail it never came up that he was on probation.....I think maybe you guys in NorCal have a better system in place than LA county does... I mean he was arrested and booked and nothing came up anywhere that he was on felony probation and he got OR because they thought he was from Oregon by running his Oregon record nothing came up...
Also I doubt that they would suspend a South African license because CA tells them we have a CA suspension on his license for failing to appear just my opinion.... Plus that'd be a lot of paperwork between the US and Africa haha
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These aren't ppol I see daily just friends I see like once or twice a month..
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matt4200
These are all different friends haha
Like I said, you need to reconsider your circle of friends.
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Also the friend with the Oregon driver license is the one who got arrested with me back in April for the poss of hash which was rejected by the DA but at that time he was on Ca probation but because the officers saw his Oregon driver license they neglected to ask if he was on probation so the whole 72 hours he was in jail it never came up that he was on probation.....I think maybe you guys in NorCal have a better system in place than LA county does... I mean he was arrested and booked and nothing came up anywhere that he was on felony probation and he got OR because they thought he was from Oregon by running his Oregon record nothing came up...
Somebody didn't perform their due diligence in L.A. But, probation records do not always come up. There are 58 separate probation systems in the state and not all of them are compatible with computer systems even within the same county. It is not uncommon for probation records to be overlooked - particularly if the probation is from outside the county where the new arrest occurred.
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Also I doubt that they would suspend a South African license because CA tells them we have a CA suspension on his license for failing to appear just my opinion.... Plus that'd be a lot of paperwork between the US and Africa haha
They would not suspend the South African license because the state does not have the authority. But, if his privilege to drive in CA has been suspended, then it does not matter what license he has, it would be a crime to drive here.
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These aren't ppol I see daily just friends I see like once or twice a month..
Like I said ...
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But the arrest was in the same county!!! Haha it was kind of a bad arrest as I said it was burglary detectives who thought I was up to no good because of my circle of friends and they swarmed and searched the car and only found hash that was the passengers (the guy on probation with the Oregon license) but both of us had physicians recommendations and these were burglary detectives who clearly did not find what they were looking for so mad that they didn't find anything they brought us in on the only charges possible...the DA suspected something hinky or noted that we had our med cards and felt it wasn't worth even bringing to a judge and it was dropped.
But so if they are using a South African driver license or a license from a different state that is at the time of being pulled over 100% valid it is still wrongful???
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the DA suspected something hinky or noted that we had our med cards and felt it wasn't worth even bringing to a judge and it was dropped.
More likely the DA decided that he would honor the recommendation even without confirmation. Not filing charges does not mean anything was "hinky" about the arrest, only that the DA did not feel he could secure a conviction. An arrest can be based on a lower standard.
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But so if they are using a South African driver license or a license from a different state that is at the time of being pulled over 100% valid it is still wrongful???
If the driver's privilege to drive in CA is suspended, yes. You cannot drive in CA if your privilege to drive here is suspended no matter what state opr country might have provided you alicense. besides, unless this friend is passing through, he would be required to apply again for a CA license so he might be charged with additional offenses if he tried to pass this off as his.
Like I said ...
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Well how could they prove he is not just passing through for a couple days then headed back to Oregon? Unless they are staking him out they can't!
Okay so what if he chooses to drive with his Oregon valid license in any of the other 49 states would that be considered legal and legitimate? Just wondering
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matt4200
Well how could they prove he is not just passing through for a couple days then headed back to Oregon? Unless they are staking him out they can't!
If the car is registered to him, he has an address in town, he or his friends make comments that his home is there in town, etc. Of course, he can always turn an infraction into a misdemeanor (and arrestable) offense by trying to lie to the officers ... his call.
Once again, nice class of people you hang with.
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Okay so what if he chooses to drive with his Oregon valid license in any of the other 49 states would that be considered legal and legitimate? Just wondering
As long as he is passing through and not suspended in those states, maybe he would be okay.
Wouldn't it be easier to just take care of his issues rather than trying to expend money, time, and potentially greater consequences by trying to get around the problem he has created? And givenm the fact that your friends seem to have terrible luck with the police, I suspect that any attempt at deception will eventually be undone.
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Yea but what if this guy is a full time college student who works part time....if he goes to court the judge will say pay this fine of $1000 which he can't afford and do 10 days (8 hours a day) of community service and if he did this for all 10 cases it'd be 10k that he definitely doesn't have and 80days of community service in 3 months which is the usual time they expect it finished by and paid in full by and if he can't do this which he definitely can not because he maybe has a whole $75 extra per month because all his money goes to food and rent and bussing it to school the. What? Then he will get in bigger trouble because he can't pay the fine in the slotted time and he doesn't get out of college or work until 7pm at night and by that time no place will allow community service to be do e and its against his religion to work on Sundays.....just saying.... So what would you suggest then? Since the judge refused to even hear him out the first time he tried going to court?
I'm honestly asking you what to do....
Also I posted a new thread it'd be much appreciated if you checked it out thanks http://www.expertlaw.com/forums/showthread.php?t=151209
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Even if they have him a year he couldn't complete all that community service and pay the fines it'd be impossible unless he won the lottery or dropped out of college
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And precisely what religion is it that says that it is okay to break the law and commit fraud to avoid the consequences of one's actions, but that working on Sunday is some kind of a sin?? Frankly, I think that claim is a crock.
The time to consider the consequences to one's actions is before you commit the crime that gets you into the situation. He did the crime, now he has to pay the consequences. It sounds like he should expect to live a long life on public transit. You don't get a pass simply because you'd like to have one. Plus, he racked up several violations so whatever he did he kept doing it ... and he kept ignoring the citations and accrued more consequences. Crying now that the consequences are not fair is bogus.
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I'm not saying that the consequences are unfair I'm simply asking your opinion on what to do.
He is a full time college student working part time with scarce additional funds that would like to deal with this but he he is a full time student with barely any extra time he only has time at night and by that time no place will allow him to do community service so what would your suggestion be?
Not oh stop crying just suck it up and deal with the consequences.... Something possibly helpful please? Thank you
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I'm not saying that the consequences are unfair I'm simply asking your opinion on what to do.
Invest in an annual bus pass until he is in a position to pay things off. Maybe work with the ones in collections and make monthly payments. I don't know his specific circumstances, but I do recall being a college student and working two jobs to make ends meet. But, there was always time to party and go out with friends ... give that up and he may have found the time he needs to do the community service. He can better manage his time. No one said it was going to be easy, but it's his responsibility so he needs to take ownership of it. Trying to circumvent the law typically only makes things worse.
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Well he doesn't want to circumvent the law but if the law isn't willing to work with him to do things like set up monthly payments instead of expecting thousand to be paid in full right away and knowing that he is 25% more than full time student and working part time with only basically Sunday free and Monday Wednesday Thursday and Friday free from 7 to 10pm. To either give him a lot of time to do the service or work with him in some way to get things done while trying to better himself you know?