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California Court Lost Ticket In 2006, Now Wants To Collect Fines Without Trial

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  • 02-22-2008, 01:58 PM
    crice10045
    California Court Lost Ticket In 2006, Now Wants To Collect Fines Without Trial
    My wife received a traffic ticket (speeding) in 10/06. She showed up on the court date and was told the ticket was not in their computer system. The clerk stamped the ticket, wrote "not in system" on the back, signed it and sent her on her way. She was told she would get something in the mail. Again, this was in 2006.

    Nothing ever came in the mail.

    Just yesterday (2/21/2008) we received a notice in the mail for payment of the ticket, and a new charge of failure to appear. In all, about $500.00.

    I spoke with the court clerks office who acknowleged there was a glitch in their system around that time. She said the only way to fix it would be to appear in court.

    I've read elsewhere on this (great) forum about California PC 1382(a)(3). This code requires dismissal of infraction cases if not brought to trial within 45 days.

    I learned from the clerk that the ticket was not put into their computer system untill 12/6/06, or 58 days after the ticket.

    I'm thinking the 45 day rule (cited above) would apply here. However, it does say (paraphrasing) "...45 days from when you enter a plea or are arraigned...". Neither apply in this case. No trial or arraignment were ever held, and certainly not within 45 days.

    Does my arguement hold water? Is there a statute of limitations on the charges? Any other arguments we should make?

    Thank you!!

    Chris
  • 02-22-2008, 04:02 PM
    seniorjudge
    Re: California Court Lost Ticket In 2006, Now Wants To Collect Fines Without Trial
    The statute of limitations argument is totally irrelevant. The SOL stopped running the day the ticket was filed.

    Also, it sounds like the 45 day rule has never taken effect since she never showed up in court.

    So, have her go to court, plead not guilty and have her tell her side of the story.

    (Let's hope the judge doesn't say, "You should've taken care of this 2 years ago!" since he would be right.)
  • 02-22-2008, 05:19 PM
    cdwjava
    Re: California Court Lost Ticket In 2006, Now Wants To Collect Fines Without Trial
    I don't have it in front of me, but I believe that there is a stautory requirement as to when this citation has to be filed with the court. You might want to check with an attorney that specializes in traffic matters and find out if this can be an angle of attack.

    However, has your wife's address been the same as listed on the cite? if her address has changed, then the state has an argument.

    - Carl
  • 03-06-2008, 12:54 PM
    crice10045
    Re: California Court Lost Ticket In 2006, Now Wants To Collect Fines Without Trial
    Thank you for the replies!

    Her address has never changed within the timeframe of this ticket.

    The ticket was written 10/6/06. It was not filed with the court untill 12/10/06. Further, when it was filed with the court, it was erroneously entered with a court date in 1/2008 (over a year later).

    I'm wondering if the 45 day rule would apply? To me it seems that the right to a speedy trial was violated. Since it was never waived, no bail was ever offered or paid, etc.

    We'll see what happens!

    Best regards,

    Chris
  • 03-07-2008, 12:21 PM
    lwpat
    Re: California Court Lost Ticket In 2006, Now Wants To Collect Fines Without Trial
    The right to a speedy trial does not start until she enters a plea. Best to get a new court date. There is the possibility the officer has moved on. I would call his department and find out.
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