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  1. #1
    Join Date
    Oct 2018
    Posts
    7

    Default Still Haven't Heard Anything from Fighting a Ticket

    My question involves a traffic ticket from the state of: California

    Some may recall my post from back in November about a 5 over the limit ticket. I opted to fight it and got everything sent out certified mail, confirmation showed that the court received my documents more than a week before the due date and promptly cashed my $238 check. Here we are, now knocking on the door of 5 months later (7 months since the ticket) and I haven't heard a peep. I checked the status online and it says

    "22350 - VC22350-I- Unsafe Speed for Prevailing Conditions

    A payment cannot be made to the case because it currently has an active case flag of 'TBD'.

    A payment cannot be made to the case because it currently has an active case flag of 'TB'.

    A payment cannot be made to the case because it currently has an active case flag of 'EPAYI'."

    When I did my trial by written declaration, I was told 8-12 weeks which was fine, 20 weeks is now annoying. I called the courthouse and was told that the case is still pending. Are you kidding me?

    I haven't gotten my money back so I didn't win yet. And my insurance just renewed with a clean driving record which tells me I haven't lost yet. What gives?

  2. #2
    Join Date
    Oct 2016
    Posts
    3,055

    Default Re: Still Haven't Heard Anything from Fighting a Ticket

    It might help to actually head down to the courthouse. It is much easier for a clerk to blow you off if you are on the phone.

  3. #3
    Join Date
    Mar 2018
    Posts
    292

    Default Re: Still Haven't Heard Anything from Fighting a Ticket

    Do you mean you have mailed in your TBD statement, and have not heard since?

  4. #4
    Join Date
    Oct 2018
    Posts
    7

    Default Re: Still Haven't Heard Anything from Fighting a Ticket

    Quote Quoting zeljo
    View Post
    Do you mean you have mailed in your TBD statement, and have not heard since?
    I presume that means Trial By Declaration, if so, yes, they received it December 5th last year

  5. #5
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    492

    Default Re: Still Haven't Heard Anything from Fighting a Ticket

    I would suggest that you get a copy of your "Case Summary" and also file a motion to dismiss for lack of prosecution. This motion may or may not be granted but at least it should get your case going again.
    *****
    I may not always be right, but I am never wrong.

  6. #6
    Join Date
    Mar 2018
    Posts
    292

    Default Re: Still Haven't Heard Anything from Fighting a Ticket

    Before you do what Jim says, bear in mind that a delayed conviction means no points yet on your DMV record and no change in your insurance. Also, I don't recall what kind of case you had but, unless you had a fantastic one and/or the cop doesn't submit his statement, you will probably be convicted in TBD. Say you are found guilty 1 year after the date of the ticket: you've saved yourself 1 year of increased insurance premium. If you are eligible for traffic school, this is not all that important... though there is always a relatively small chance it won't be granted.

  7. #7
    Join Date
    Oct 2018
    Posts
    7

    Default Re: Still Haven't Heard Anything from Fighting a Ticket

    Quote Quoting PayrolGuy
    View Post
    It might help to actually head down to the courthouse. It is much easier for a clerk to blow you off if you are on the phone.
    Did exactly that this morning. As soon as she pulled up the case she said "oh, I see exactly why you're here." Apparently it didn't make the calender or something so it wasn't flagging in their system or something like that. She issued a dismissal and processed my refund, said to expect a check in the mail within 60 days

  8. #8
    Join Date
    Oct 2016
    Posts
    3,055

    Default Re: Still Haven't Heard Anything from Fighting a Ticket

    There you go.

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