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Charged With FTA Despite Filing TBD

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  • 01-06-2013, 01:46 PM
    tdekeyser1
    Charged With FTA Despite Filing TBD
    My question involves criminal law for the state of: California

    Hello,

    I am new to California. A high-paying job called for me to move out here. It was not my choice, I have a specialty that is in high demand. So I moved out here. I wanted to get into the "green" thing, and purchased a bicycle to ride to work. I am upper-middle class engineer, credit score of 800, multiple property owner, and contribute a LOT to the taxes of california. I have a 100% clean background with not even a parking ticket...ever.

    A police officer saw me riding on the sidewalk and did a u-turn and came straight at me. He took his cruiser on the sidewalk and struck me with it, almost knocking me to the ground. As I backed up the bike to get from under his bumper, he came out and grabbed my arm. He started to say I was riding on the sidewalk and ran a red light. I asked that I call my attorney before making any statements, and he got even more upset. Wrote me a ticket for $1200 in fines! The bike does not even cost that much!

    Anyways, I sent in a CVC 40519(b) and asked for a TBD. I sent it in exactly 5 days before the due date 24th, due on the 28th. AND the check was with it, AND my certified mail indicates it was recieved on the 26th. The slapped me with a FTA 1214.1!!!?? What the hell, they are just making up stuff to charge citizens with? Now my license is suspended and they want another $300! Now what happens if I go to work (driving) and get a DOSL charge? Then what? It goes on and ON till this good citizen is charged with a felony and 6 months in jail, ruining his career, perfect background, forclosing on a house, repo a new car, loss of $60K in tax revenue....it totally stupid California!

    There are REAL criminals in this city (ON BICYCLES TOO) all over the place.

    So Sacramento has taken a good AAA+++ citizen and artifically turned them into a criminal???? Is this how it is setup out here?? A POLICE STATE?

    Someone please explain to me that the judge I see in the morning will do HIS job and stop the madness against a top citizen.....
  • 01-06-2013, 04:31 PM
    That Guy
    Re: Charged With FTA Despite Filing TBD
    Lighten up on the drama... It won't do you much good here and it certainly will complicate matters further for you in court. Furthermore, your credit, previous a driving record, your job, what you ride or drive and the amount of taxes you pay to California or to the federal government has little to do with your affinity to break the law.

    Lets start with what you were cited for... code section number(s) from your citation, please. And then you can explain this part:

    Quote:

    Quoting tdekeyser1
    View Post
    I sent it in exactly 5 days before the due date 24th, due on the 28th.

    When was the due date and what date was it received?

    Also...

    Quote:

    Quoting tdekeyser1
    View Post
    Anyways, I sent in a CVC 40519(b) and asked for a TBD.

    You cannot do both. You can either request a trial/arraignment in writing and post bail, or you can request a TBD and post bail... Not both and certainly not simultaneously. This, if I were to guess, is where you screwed everything up!

    Question is, did you receive any communication back from the court? If not, did you check the address as it is written on your citation and is it your current mailing address?

    Also...

    Quote:

    Quoting tdekeyser1
    View Post
    The slapped me with a FTA 1214.1!!!??

    While the civil assessment is added pursuant to PC 1214.1, the actual added charge is a failure to appear under VC 40508(a). And your license was suspended under either VC 40509 or VC 40509.5, which brings me to this:

    Quote:

    Quoting tdekeyser1
    View Post
    Now what happens if I go to work (driving) and get a DOSL charge? Then what?

    Then you would get cited for that charge and hopefully you will appear then in a timely manner. But wait, if the following is true:

    Quote:

    Quoting tdekeyser1
    View Post
    Now my license is suspended and they want another $300!

    Which implies that you are aware of your license being suspended, then why would this "good citizen who is upper-middle class engineer, credit score of 800, multiple property owner, and contribute a LOT to the taxes of california. I have a 100% clean background with not even a parking ticket...ever" go driving while knowing that his driver's license is suspended???

    Now you've made me even more curious... Which brings me back to this part:

    Quote:

    Quoting tdekeyser1
    View Post
    [He] did a u-turn and came straight at me. He took his cruiser on the sidewalk and struck me with it, almost knocking me to the ground. As I backed up the bike to get from under his bumper, he came out and grabbed my arm

    There is but a slim chance that an officer would do all that without provocation or reason... So care to elaborate as to why he had to go through that process to stop you? Not that it will matter to the citation or the process in court. But it will affect the general outcome of the case in that you had to have left quite the impression on the officer...

    Quote:

    Quoting tdekeyser1
    View Post
    I am new to California. .... and contribute a LOT to the taxes of california.
    .... loss of $60K in tax revenue....it totally stupid California!

    And please, quite trying to pump yourself up all while contradicting yourself... If you're new to California, you haven't contributed much in taxes... As for your proposed contribution to the Franchise Tax Board, please understand that paying income taxes (even if you could come close to $60k (which would imply an income of $600k)), does not imply that you can break the state's traffic laws without penalty!
  • 01-06-2013, 04:58 PM
    tdekeyser1
    Re: Charged With FTA Despite Filing TBD
    Ok, I will be less dramatic on my replies. I am going into court tomorrow and thought I had this all handled. I have the ability to understand law, government, things like that. I am trying to do this entire thing by mail, and even have counsel through insurance (which is little help).

    Yes, I was riding a bicycle home after work. A LEO was stopped on the far right of the street blocking the bicycle lane. He was just finishing up a traffic stop. I moved to the other side of the road and onto the sidewalk. He drove past me and did a U-Turn (now facing me). Drove up on the sidewalk and pushed his nose of his car into my path, stricking me while I was leaning on the brakes. He got out and asked for ID. I showed him 3 ID's, one of them a (valid) concealed handgun license from Oregon. That is when he grabbed me. I did not have a gun on me, I was just showing him ID and that I was not a criminal, but on the "good" side. He let go of me and started asking questions. I did the smart thing and stayed quiet. I told him that I need my attorney present to answer any questions. For god sake, we put these people in power to protect our liberties, not get pissed off when one is exercised...? Right? OK, no drama...ugh.

    He went back to his punishment box and pulled out these fines:
    21650.1 (Riding on wrong side)
    21453A (Red light)
    24016B(i) (No bike helmet)
    21663 (motorbike on the sidewalk)

    That is $1200 in fines...

    I found the following "mail" procedure would work well for me and confirmed by my legal counsel.

    Step1: Due date is the 28th. Mail in form 40519B (not guilty by mail). ADD full payment, and ask for TBD to be sent to me. They send out the packet.
    Step2: When packet arrives, Write on it "I stand by my plea of not guilty" and send it in before the due date. Wait for officers reply.
    Step 3: If officer replies, take note of his coments and file CVC 40902-d (Trial de Novo) in 20 days...
    Etc...

    I sent in the 40519B form (stamped on the 24th) 5 days before the due date 28th. (24th, 25th, 26th, 27, 28th...that is 5 days). Confirmation says they got it on the 26th....so they got it.

    I get a notice in the mail of a new charge:
    1214.1
    They have suspended my license and I am going to court tomorrow. How do I get there? They have taken away my right to ride a bicycle and now drive a car? It just seems insane....
  • 01-06-2013, 05:08 PM
    flyingron
    Re: Charged With FTA Despite Filing TBD
    You knowledge of math isn't much better than your understanding of the law. 24th is FOUR days before the due date, and two of those days were either Sunday or Holidays. You do know you are responsible for having your filing RECEIVED by the court by the due date.
  • 01-06-2013, 05:09 PM
    free9man
    Re: Charged With FTA Despite Filing TBD
    Quote:

    Quoting tdekeyser1
    View Post
    Drove up on the sidewalk and pushed his nose of his car into my path, stricking me while I was leaning on the brakes.

    So he was simply trying to block your progress. Did he run into you or did you run into him? I'm guessing if you made contact, it was accidental.

    Quote:

    Quoting tdekeyser1
    View Post
    He got out and asked for ID. I showed him 3 ID's, one of them a (valid) concealed handgun license from Oregon. That is when he grabbed me. I did not have a gun on me, I was just showing him ID and that I was not a criminal, but on the "good" side.

    Um...you're darn right he's gonna take control of you. California does not recognize ANY state's CCW. At that point, he could reasonably believe you may be armed and a threat and act to bring you under control. Having a CCW does not necessarily put you on the "good" side of anybody.

    Quote:

    Quoting tdekeyser1
    View Post
    For god sake, we put these people in power to protect our liberties, not get pissed off when one is exercised...? Right? OK, no drama...ugh.

    No drama, remember?

    Quote:

    Quoting tdekeyser1
    View Post
    He went back to his punishment box and pulled out these fines:

    No drama, remember?

    Quote:

    Quoting tdekeyser1
    View Post
    How do I get there? They have taken away my right to ride a bicycle and now drive a car? It just seems insane....

    Public transit? Taxi? Friend? Shoe-leather express? Your attorney?
  • 01-06-2013, 05:17 PM
    tdekeyser1
    Re: Charged With FTA Despite Filing TBD
    Confirmation showes they recieved it on the 26th. That is 2 days...or 1 day (other math) before the due date. Are they seriously charging me with 1214.1 because of 1 day mailing issue? Even though they recieved it? That is just wasting money and more trials....hence the topic of my post.

    - - - Updated - - -

    "Having a CCW does no necessarily put you on the "good" side of anybody". I have to disagree with this statement. You have to pass NCIC and other background cheks. This DOES indicate you are not a criminal. Just as a criminal record is used against you in a trial, the oppisite should be considered as well...

    Now what should I say to the judge tomorrow?
  • 01-06-2013, 05:18 PM
    free9man
    Re: Charged With FTA Despite Filing TBD
    Quote:

    Quoting tdekeyser1
    View Post

    "Having a CCW does no necessarily put you on the "good" side of anybody". I have to disagree with this statement. You have to pass NCIC and other background cheks. This DOES indicate you are not a criminal. Just as a criminal record is used against you in a trial, the oppisite should be considered as well...

    Now what should I say to the judge tomorrow?

    Or maybe you haven't gotten caught yet? When law enforcement sees a CCW, they are automatically going to go on edge. That tells them the person is potentially armed and a threat. Just because a person was okay when they received the CCW does not necessarily mean they still are.

    Quote:

    Quoting tdekeyser1
    View Post
    Now what should I say to the judge tomorrow?

    Why not take your attorney with you and let them do the talking?
  • 01-06-2013, 05:31 PM
    tdekeyser1
    Re: Charged With FTA Despite Filing TBD
    Quote:

    Quoting free9man
    View Post
    Why not take your attorney with you and let them do the talking?

    I figured it was clerical mistake on the clerks part because I count 5 days in there...and frankly can't believe that they would pull such a move and damage and revoke driving privilages due to a mailing date discrepancy....of 1 day....really? That is fair? Where have a landed? Ugh..no drama.

    I think you are right though. I will call my attorney before proceeding further. I still have 3-4 days before thier "10 day notice of 1214.1" goes to collections...:(
  • 01-06-2013, 05:44 PM
    free9man
    Re: Charged With FTA Despite Filing TBD
    Honestly, an attorney might be the best for you since you are new to the state and don't have a good handle on the laws and courts. This is a mess, regardless of who created it, that requires an experienced hand to clean up. You are likely going to be stuck with the tickets and paying for them, what the outcome of the FTA will be I cannot guess at.

    Oh, did you send the 40519(b) certified or registered as required? Also, as TG asked...did you receive any communication from the court with regards to your 40519(b) plea?
  • 01-06-2013, 05:53 PM
    tdekeyser1
    Re: Charged With FTA Despite Filing TBD
    Quote:

    Quoting free9man
    View Post
    Oh, did you send the 40519(b) certified or registered as required?

    YES. I have all the receipts, conf from USPS and copies of the forms. They got it 2 days before the due date. They are just being crappy about perfection of the law. I'm glad you see it as a mess. Yes, that it is! I have the money and power to defeat the state for sure. I will put some SERIOUS money towards this if I have to. I was just trying to go to work...that was all. I may have crossed an infraction, but the way California traffic laws has everything written, this could take a good citizen down and the $$ impact could be serious to both the state and the citizen. Our tax money should not be going towards supporting the personal feelings of a LEO and put the state in further debt. I have to fight with everything I have...I have to...as an American. It just is not right what they are doing...

    After this fight, I will go to my congressman etc...to change the laws....something.
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