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.....
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:
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tdekeyser1
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...
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tdekeyser1
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...
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tdekeyser1
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:
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tdekeyser1
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:
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tdekeyser1
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:
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tdekeyser1
[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...
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tdekeyser1
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!
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....
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.
Re: Charged With FTA Despite Filing TBD
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tdekeyser1
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.
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tdekeyser1
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.
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tdekeyser1
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?
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tdekeyser1
He went back to his punishment box and pulled out these fines:
No drama, remember?
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tdekeyser1
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?
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.
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"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?
Re: Charged With FTA Despite Filing TBD
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tdekeyser1
"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.
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tdekeyser1
Now what should I say to the judge tomorrow?
Why not take your attorney with you and let them do the talking?
Re: Charged With FTA Despite Filing TBD
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free9man
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...:(
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?
Re: Charged With FTA Despite Filing TBD
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free9man
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 $$ impact could be serious to both the state and the citizen. Our tax money should not be going towards supporting the personal feelings of a LEO and put the state in further debt. I have to fight with everything I have...I have to...as an American. It just is not right what they are doing...
After this fight, I will go to my congressman etc...to change the laws....something.
Re: Charged With FTA Despite Filing TBD
Ummm....put the Drama Llama back in the barn. Seriously. You broke the law and will have to pay the piper. The officer did nothing improper outside of possibly accidentally making contact with your bike while blocking you in. The state has FAR more money and power to fight this than you, if they really want to, so you better check your over-inflated ego. The only thing that might have been done wrong, and without all the details that remains to be seen, is hitting you with the FTA.
You go right to your congresscritter (borrowed that from cdwjava). I'm sure you aren't the first, and won't be the last, to do so. Don't expect much out of them.
Re: Charged With FTA Despite Filing TBD
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free9man
You broke the law and will have to pay the piper. The officer did nothing improper outside of possibly accidentally making contact with your bike while blocking you in.
There is no justice so long as laws are absolute. We would crumble as a nation if we just "let" government step on us and get away with it. Thomas Jefferson said "dissension is the highest form of patriotism". We are the land of the free and home of the brave...what am I hearing here on a law information site? Every atom of being American says to fight this type of government. I can't let the state charge a person with false charges, revoking of driving privileges, and cost tax payers thousands of $$. All the mean time there are gunshots every night in the city, homeless, and gang activity. Illegal guns, and murders that are associated with them. I help pay for all of this "protection" but get none.
And someone here will claim "no drama" as to quash the faintest voice of liberty with such an easy word in manner. To shut down any dissention as if it were poisionous. It sounds like north korea, not the USA....sadly. Where are the constitutional lawyers here? :)
Re: Charged With FTA Despite Filing TBD
Were you, in fact, riding a motorized bicycle?
Re: Charged With FTA Despite Filing TBD
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flyingron
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.
They summoned him from out of state, Ron... And are paying him in excess of $600k (based on his stated State tax bracket (or maybe that was his taxable income)). And you're right, not only can he not add/subtract, but he cannot understand a simple sentence that says that a 40519 request and a TBD do not work together. You can either do one or the other but not both!
And that is not the only thing he is clearly misunderstanding!
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free9man
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.
I respectfully disagree... I think if contact was made by the OP then it was made in defiance... or to protest!
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free9man
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.
True... and certainly presenting it in a defiant way (again) as if to say "look at what I have" is not necessary under the circumstances. In fact, the officer asked you for identification, not 2 or three, and certainly not proof that you have a license to CCW.
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tdekeyser1
I have to disagree with this statement. You have to pass NCIC and other background cheks. This DOES indicate you are not a criminal.
A criminal background check does not show whether you are/aren't some sort of psycho... If you are ignorant, stupid or have no clue. it does not show if you are mentally deficient, or that you are disrespectful to authority... It doesn't show any of those things!
That is the problem with gun control. And your Oregon CCW is meaningless in this state.
This reminds me of a recent story about a 19 year old who took 8 LAPD officers on a high speed chase... While running, he calls 911 and tells the operator to tell the officers to back off; that he has a gun and will use it... This of course, gets them more fired up, and ready with their weapons. Eventually, he stops, and while their plan is to get him into a felony-prone position, he gets out of his car and starts to run. As he does, he reaches into his waist band and as he is running backwards, facing the officers, he comes outwith his hands clasped in the shape of a gun, and begins to point it at the officers. Only a few seconds and 90 shots later, he is laying dead, in the middle of the 101 freeway.
And here we have this guy, quoting Thomas Jefferson (who is turning over in his grave as we speak), pretending he has a clue and while he cannot subtract 5 from 28, nor can he understand a simple warning notice from the court telling him that he missed his appearance date and that he must within 10 days contact the court to either pay the fines, post bail and request an appearance, but also telling him to ignore that notice if he has taken care of this problem.
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tdekeyser1
I figured it was clerical mistake on the clerks part
No, no.... Just a defendant with reading and comprehension abilities of a 5 year old! In fact, it is an automatically generated notice and so the clerk had nothing to do with it!
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tdekeyser1
I have the money and power to defeat the state for sure.
OK, so lets review... You were cited for the following:
21650.1 (Riding on wrong side):
Here is the code section:
21650.1. A bicycle operated on a roadway, or the shoulder of a highway, shall be operated in the same direction as vehicles are required to be driven upon the roadway.
if you were in fact riding opposite of traffic, then you are guilty as charged!
21453A (Red light)
21453. (a) A driver facing a steady circular red signal alone shall stop at a marked limit line, but if none, before entering the crosswalk on the near side of the intersection or, if none, the before entering the intersection, and shall remain stopped until an indication to proceed is shown, except as provided in subdivision (b).
If you did in fact ruin a red light, then you are guilty as charged!
And the last two will depend on whether you were riding a motorized bicycle...
24016B(i) (No bike helmet)
24016.
(b) All of the following apply to a motorized bicycle described in subdivision (b) of Section 406:
(1) No person shall operate a motorized bicycle unless the person is wearing a properly fitted and fastened bicycle helmet that meets the standards described in Section 21212.
21663 (motorbike on the sidewalk)
21663. Except as expressly permitted pursuant to this code, including Sections 21100.4 and 21114.5, no person shall operate or move a motor vehicle upon a sidewalk except as may be necessary to enter or leave adjacent property.
If you were in fact riding a motorized bicycle (a moped) then you are guilty as charged of the last two as well.
So with regards to "having the money and power to beat the state", do you have the common sense to realize that being as pretentious as you have been since your first post, denying the reality of the situation, misunderstanding a reminder notice from the court and making a big issue about it can only serve to remove whatever little doubt anyone might have about you pretending to be someone/something you are not?
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tdekeyser1
I will put some SERIOUS money towards this if I have to.
No... You should keep your SERIOUS money to yourself... Just pay the fines that the court orders you to pay and watch your mouth and your attitude the next time you are riding your "bicycle" home.
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tdekeyser1
... 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.
OK, first, we will have to find a good citizen to apply those statements to.... Second the state is already in its lowest "down" position, you are free to toss your money away as you try and fight a losing battle.. It sounds like the citation the officer cited has basis for each and every charge, and you got exactly what you deserved... And so you should really leave your congressman to perform his other meaningful duties without your silly distractions.
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tdekeyser1
Where are the constitutional lawyers here? :)
Uhm.... They said to tell you they are on vacation...
Yes, all of them at the same time!