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  1. #1
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    Default 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?

    - - - Updated - - -

    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.

  2. #2
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    Default 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?

  3. #3
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    Default 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.


    - - - Updated - - -

    Quote Quoting free9man
    View Post
    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.

    - - - Updated - - -

    At least this is my understanding from the above written statement

  4. #4
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    Default 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.

  5. #5
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    Default 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.

  6. #6
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    Default 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.

  7. #7
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    Default 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.
    **********
    Retired Cal Cop Sergeant & Teacher

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  8. #8
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    Default 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?

    - - - Updated - - -

    Another question......if something goes to collections and you file for bankruptcy do you still have to pay them?

    All knowledge is appreciated

  9. #9
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    Default Re: How Long Does It Take to Unsuspend a License After Fta

    Quote Quoting matt4200
    View Post
    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.

    Quote Quoting matt4200
    View Post
    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.

    Quote Quoting matt4200
    View Post
    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.

    Quote Quoting matt4200
    View Post
    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.

    - - - Updated - - -



    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.

    - - - Updated - - -

    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.

    Quote Quoting matt4200
    View Post
    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?

    Quote Quoting matt4200
    View Post
    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.

    Quote Quoting matt4200
    View Post
    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!

    Quote Quoting matt4200
    View Post
    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.

  10. #10
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    Default Re: How Long Does It Take to Unsuspend a License After Fta

    Quote Quoting That Guy
    View Post
    Quote Quoting matt4200
    View Post
    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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