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  1. #1

    Default Defenses to a Ticket for Driving Without Valid Registration

    My question involves criminal law for the state of: California


    Just now I remembered that I got a traffic ticket back in September for my registration being a month or two expired (4000(a) - VC4000(a)-I- No Current Registration). So like anybody else I payed for the registration and moved on.

    Here's where it get's annoying, the DMV sent my registration stickers to the WRONG address, my old address. I confirmed with them and they threw it away! So I went back to the DMV and paid to get it resent, surprise surprise they sent it the WRONG address again (my current address WAS up to date, they just messed up). Anyways than I got a new job and moved quite far away where I don't drive much.

    Flash forward to today and my registration is paid and current (I can search this online and everything would check out); however, I still don't have tags, but that's probably another issue.

    The huge issue is that I forgot to prove my fix it ticket because of the move and only just remembered today. Checked online, and they slapped on a 40509.5 - VC40509.5-I- FTA Civil Assessment/Suspend License charge, which can be a misdemeanor I believe! The fine is outrageous for a registration that I DID correct. I had no idea there was a court date for such a minor offence and had no idea that I missed it. I just paid for my registration promptly in September and moved on.

    Anyways, what do I do to get out of this?? Apparently my license is suspended and I have a huge fine for a fix it that I corrected, but forgot to prove.

    Any help is appreciated.

  2. #2

    Default Re: In a Giant Mess-Help 40509.5 - Vc40509.5-I- Fta Civil Assessment/Suspend License

    I'm frustrated with the DMV for messing up my address three times, which caused me to not be able to prove my fix it ticket, that I than forgot about, and put me in this mess to begin with.

    Any advice though? Get a lawyer? Pay the fine? I don't even know who to contact, the court where this happened is 500 miles away from me as well.

  3. #3
    Join Date
    Sep 2010

    Default Re: In a Giant Mess-Help 40509.5 - Vc40509.5-I- Fta Civil Assessment/Suspend License

    I'm confused. Just because you renew the registration doesn't make the ticket go away. You were still expected to appear on the charge (or plead guilty and pay it). Had you received the stickers, you could hae had the court treat it as a correction ($25 rather than the ~$200). The fundamental truth is, that the DMV didn't make you drive your car without the stickers on it. You chose to do that.

    At this point there is *NOTHING* you can do but pay the fine and the assessment. You blew off the option to protest anything else by failing to appear.

    Understand this wasn't a FIXIT ticket (California doesn't have such), it was an infraction that they would have allowed you to reduce if you corrected it.

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