Results 1 to 7 of 7
  1. #1
    Join Date
    Feb 2011
    Posts
    3

    Default Sent in Payment for a Ticket, Check Not Cashed After a Month

    My question involves traffic court in the State of: California

    I was pulled over for speeding by the CHP, and the officer also cited me for window tint. I sent in a check for the bail amount, but also made a court date since it was getting close to the "Action required by" date.(didn't want to get penalized for ignoring it) It has been over a month, and my check has not been cashed. Does the fact that I scheduled a court date mean that I have to go in before they cash the check? (LA Superior Court, San Fernando)

    I understand tint is a correctable violation, but I was under the impression that if I just paid the full bail amount, I would not have to fix it.

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: L.a. Traffic Ticket - Sent in Payment, Check Not Cashed After a Month

    Since we have no way of looking up to see whether your check was even received by the court, you would have to contact the court for a definitive answer.

    Understand that by you requesting a court date by mail and by including the full bail amount (for both, speeding and window tint), you did in effect, "waive time" which means that the court is not under any legal obligation to offer you a trial within 45 days of your plea entry. What you should have done instead, is to schedule your court date, appear in court for your arraignment, plead "not guilty", request a trial, post bail, at which time the court would have had to schedule your trial date within the 45 day statutory period. (See VC section 40519(b)).

  3. #3
    Join Date
    Feb 2011
    Posts
    3

    Default Re: Sent in Payment for a Ticket, Check Not Cashed After a Month

    I see, thanks for the quick answer.

    Clarification: I scheduled the court date online and mailed the check a day later, thinking that once the full amount was paid, I would not need a court date anymore, and it would be dropped. Evidently, I assumed wrong; at this point, I just want to pay the bail and get this out of the way. Looks like I may have to go down there in person, since the Superior Court phone system is completely automated...

    If I do end up going to court, can I just plead guilty at the arraignment, have them cash the check(assuming they received it), and be on my way?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Sent in Payment for a Ticket, Check Not Cashed After a Month

    I suspect the tint situation MUST be corrected. I don't believe you will be able to just pay a fine and be done with it.

  5. #5
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Sent in Payment for a Ticket, Check Not Cashed After a Month

    Quote Quoting rpalo
    View Post
    If I do end up going to court, can I just plead guilty at the arraignment, have them cash the check(assuming they received it), and be on my way?
    Yes... Better yet, you can simply got to the clerks office (on or before your scheduled court date), inquire as to whether they've received the check, and if so, tell them to cash it.

    Going to the arraignment means having to wait in court until your case is called, whereas if you take care of it BEFORE, you could simply get it taken care of at the clerk's window.

    Quote Quoting jk
    View Post
    I suspect the tint situation MUST be corrected. I don't believe you will be able to just pay a fine and be done with it.
    Actually, he can choose to simply "pay the fine" instead of "making the correction (and only paying the $25 admin fee)". What that will do though, is that if he is pulled over again, the officer can see that a previously issued citation was paid without the correction, at which point the officer can cite him again and mark it as "non-correctable" pursuant to VC 40610(b) ("pursuant neglect").

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Sent in Payment for a Ticket, Check Not Cashed After a Month

    Quote Quoting That Guy
    View Post

    Actually, he can choose to simply "pay the fine" instead of "making the correction (and only paying the $25 admin fee)". What that will do though, is that if he is pulled over again, the officer can see that a previously issued citation was paid without the correction, at which point the officer can cite him again and mark it as "non-correctable" pursuant to VC 40610(b) ("pursuant neglect").
    well that's pretty dumb.

  7. #7
    Join Date
    Feb 2011
    Posts
    3

    Default Re: Sent in Payment for a Ticket, Check Not Cashed After a Month

    Quote Quoting That Guy
    View Post
    Yes... Better yet, you can simply got to the clerks office (on or before your scheduled court date), inquire as to whether they've received the check, and if so, tell them to cash it.

    Going to the arraignment means having to wait in court until your case is called, whereas if you take care of it BEFORE, you could simply get it taken care of at the clerk's window.
    I think I'm going to try this. Thanks for the help.

    1. Sponsored Links
       

Similar Threads

  1. Rent and Utilities: Late Rent Payment Not Cashed
    By JJnCali in forum Landlord-Tenant Law
    Replies: 11
    Last Post: 08-22-2011, 11:33 AM
  2. Purchase Contracts: Realtor Cashed Security Dep. and First Month Rent Without a Lease Agreement Signed
    By momofthreeslp in forum Buying, Selling and Conveying Real Estate
    Replies: 1
    Last Post: 07-25-2011, 02:03 PM
  3. Banking: Stop Payment Check Cashed by Check Cashing Company
    By dms in forum Personal Finance And Investment Law
    Replies: 1
    Last Post: 11-16-2009, 10:36 AM
  4. Fraud: Somebody Cashed My Check
    By schst415 in forum Criminal Charges
    Replies: 1
    Last Post: 08-26-2009, 12:38 PM
  5. Fraud: Cashed Stimulus Check with 2 Names on Check
    By Fermium257 in forum Criminal Charges
    Replies: 2
    Last Post: 02-03-2009, 02:12 PM
 
 
Sponsored Links

Legal Help, Information and Resources