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  1. #1
    Join Date
    May 2013
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    4

    Default Fix-It Ticket in Los Angeles County

    My question involves traffic court in the State of: California, County of Los Angeles, cited by CHP Officer

    Today I was pulled over by a CHP officer, who followed me for basically ten miles, from just outside of Pasadena to the intersection of I-605 and I-210, where he FINALLY lit me up. Right now, my husband and I are borrowing a car from our mechanic, and while the plate tag is expired, we have a temporary tag in the window, which had fallen down, which is why the police officer pulled me over-- he only saw the expired tag on the plate. After verifying that the registration was in fact current, the officer then busts me for ONE thing, a petty issue.

    We just moved, and knowing the CA regulation about having to notify the DMV within 10 days of a move, I registered online four days ago, which was 7 days after the move. Within five days, they're supposed to mail out a sticker for the back of the license, but until it comes, my license still has the old address.

    I informed the officer that I had moved, and that I had registered with the DMV online, but that the sticker had not arrived yet. He wrote a "fix it" ticket ANYWAYS, claiming that I had FAILED to inform the DMV of my address change, which of course I HAD done, but don't have proof of yet.

    The irony? When he ran my license, it came back with the CORRECT address, my new address, showing that yes, the DMV DOES have proof of the new address, and that the "infraction" and him writing the ticket was a waste of his time, and about to be a waste of MY money. Immediately after I got home, I verified online that they had received my change of address request for both my DL and the car that's with the mechanic. Yes. They had. And of course, the written ticket HAS the new address on it, so it's proof that the DMV DOES have record of my new address, because at NO POINT did I volunteer my new address to the officer.

    Even though it's only $25 (some places say $35-- $25 plus a $10 filing fee), it's a matter of principle. The officer was wrong, and wrote a "fix it ticket" for something that never should have been written in the first place, because I had followed the correct procedure in the first place.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Fix-It Ticket in Los Angeles County

    Then you are welcome to take the matter to court and you may very well prevail. You can apply to handle the matter via trial by written declaration, or, go straight to trial (two court dates). If the financial cost in taking time off and gas is going to exceed that $35 you may want to consider just taking care of the violation through the correction process.

    What specific code section were you cited for?
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3
    Join Date
    May 2013
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    4

    Default Re: Fix-It Ticket in Los Angeles County

    It says "CVC 14600 (c)", and has the "correctable" box checked on the front. Easy enough to fix, but considering it STILL will require a visit to the court in Alhambra on July 25th (that box was also checked along with the correctable box), it's rather annoying. I've looked up the CVC code, and there IS no section 'c'-- so does the 'c' refer to the fact that it's "correctable" or did the trooper make a mistake?

    It still seems rather unfair that I a) DID register the new address on the DMV's website, doing so with the combo "register new address for DL/ID and vehicle plate" (which I verified once I got home), although the DMV has not had time to send the required brown card/sticker b) the trooper OBVIOUSLY was able to find the new address when he ran my license since the new address was on the ticket itself, which makes the reason for the ticket mute, since I obviously DID register with the DMV and the new address showed up and c) $25 for an officer's mistake? WTF?

    I'm to the annoyed stage now. I'll pay the fine, which should never have been assessed, will go to court, will tell the judge about the discrepancy, and see what HE thinks.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Fix-It Ticket in Los Angeles County

    Quote Quoting memaha512
    View Post
    It says "CVC 14600 (c)", and has the "correctable" box checked on the front.
    There's no subsection (c).

    14600. (a) Whenever any person after applying for or receiving a
    driver's license moves to a new residence, or acquires a new mailing
    address different from the address shown in the application or in the
    license as issued, he or she shall within 10 days thereafter notify
    the department of both the old and new address. The department may
    issue a document to accompany the driver's license reflecting the new
    address of the holder of the license.
    (b) When, pursuant to subdivision (b) of Section 12951, a driver
    presents his or her driver's license to a peace officer, he or she
    shall, if applicable, also present the document issued pursuant to
    subdivision (a) if the driver's license does not reflect the driver's
    current residence or mailing address.

    The officer may have been relying on the lack of any printed documentation that complies with this section in subsection (b). Though, that subsection is arguably not applicable as no document had been issued ... unless the correction had been made 30 or more days earlier granting plenty of time to have received notice from the DMV. Hard to say what the officer was relying on.

    Easy enough to fix, but considering it STILL will require a visit to the court in Alhambra on July 25th, it's rather annoying. I've looked up the CVC code, and there IS no section 'c'-- so does the 'c' refer to the fact that it's "correctable" or did the trooper make yet another mistake?
    It could be that there was a subsection (c) a couple years ago when you were cited. However, the last revision appears to have been 1992 so that's probably not it.

    I suppose you can also argue that you were cited for a non-existent code section and that might also allow you to prevail. But, again, you have task yourself whether you will lose more money going to court, or just paying the Admin fee. A trial by written declaration might be cost effective.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5
    Join Date
    May 2013
    Posts
    4

    Default Re: Fix-It Ticket in Los Angeles County

    It's also ironic that the address he printed on the ticket was my current, correct address. So it's obviously IN the DMV/CHP computer, yet they (the DMV) themselves have not issued the proof of my new address to me yet. Yet the ticket he issued to me was for failure to inform the DMV of address change. The citation sort of proves my point. Either I DID NOT inform the DMV of my new address, in which the old address, the one on my license, should be on the citation or I DID inform the DMV of the new address, and it's the one on my citation. How can it be both ways? At no point did I volunteer my new address to the trooper. When he came back and asked about the discrepancy, I told him that we had just moved, that I had registered the address online with the DMV, but had not yet received the proof of address from the DMV. So he was like, "sign here, it's a correctable offense, you can just go to the DMV and CHP and have it taken care of."

    I'll pay the $25 or $35, that's not a problem, but will continue to be incredibly annoyed. I think I have that right

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