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  1. #1
    Join Date
    May 2009
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    Default Fighting or Correcting a CVC 24400(a)(1) Ticket

    I'm under the same predicament. I'm assuming police do that to try to earn more revenue for the city. The difference between checking NO is $25 and YES is $209. In my situation... my car was broken down and i was unable to fix it. It was registered and paid pending smog. A cop pulled me over for a fix it ticket and informed the registration issue the day prior.

    I drove down the street to pick up my boyfriend and cops were everywhere. She pulled me over for the same reason and was a royal A$$!!! DON'T POLICE MAKE A NOTE OF WARNINGS ON THE SYSTEM?

    The story goes on... she gives me a ticket for CVC 4000(a)(1) and CVC 24400A1 headlamp equip req. and marks them both Non- correctable. Can I go to court and have them change it when I get everything fixed and pay a low fee???

    This woman had my vehicle impounded when I believe she could have instead written me a ticket for the smog that was ALL that was needed. MY FINES WERE PAID FOR! She said it was not legitimate w/o smog test.

    If I show proof in court that my vehicle was not running and show them a receipt of recently getting the car fixed and paid for smog test; however, did not get the opportunity to do the actual check. Will they give me my money back for improper towing??? I tried to explain everything to the cop but WOMEN NEVER LISTEN!!!!

    Not to mention whats the point in towing my car if she could have written me a ticket for smog??? Which... it's pointless and it's all about MONEY!!! Police dpt. towing is more expensive than the towing companies reg. towing... CAN SOMEONE EXPLAIN THAT TO ME?

    I'M A FEMALE OF 22 WITH 1 PRIOR MOVING VIOLATION, FULL TIME STUDENT, NO CRIMINAL HISTORY! HOW CAN I FIGHT THIS... I DON'T HAVE THE $$$ TO TAKE IT OUT, I WILL HAVE TO BORROW IT A TOTAL OF $350 FOR 3 NIGHTS AND 3 DAYS. WHAT CAN I SAY OR DO TO HAVE THE JUDGE BE ON MY SIDE??????

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

    Default Re: Can a 4000a1vc Be Corrected

    Quote Quoting eli720
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    I'm under the same predicament. I'm assuming police do that to try to earn more revenue for the city. The difference between checking NO is $25 and YES is $209.
    The amount of money for the city won't even pay for the officer's time to write the citation.

    Yes, the citation should be correctable unless one of the exceptions under CVC 40610(b) exists:

    (1) Evidence of fraud or persistent neglect.
    (2) The violation presents an immediate safety hazard.
    (3) The violator does not agree to, or cannot, promptly correct the violation.

    In my situation... my car was broken down and i was unable to fix it. It was registered and paid pending smog. A cop pulled me over for a fix it ticket and informed the registration issue the day prior.
    No, it wasn't "registered". The document you had was a "report of deposit of fees, not a registration card. In fact, it will have had wording to that effect in capital letters on top.

    I drove down the street to pick up my boyfriend and cops were everywhere.
    You drove down the street ion the vehicle you could not fix?

    She pulled me over for the same reason and was a royal A$$!!! DON'T POLICE MAKE A NOTE OF WARNINGS ON THE SYSTEM?
    Nope. There may be a few systems out there that contain "warnings", but none that I am aware of.

    The story goes on... she gives me a ticket for CVC 4000(a)(1) and CVC 24400A1 headlamp equip req. and marks them both Non- correctable. Can I go to court and have them change it when I get everything fixed and pay a low fee???
    You should get the problems corrected ASAP and then go to court and ask that they be made correctable pursuant to CVC 40610. In my experience the courts will often do this unless one of the exceptions has been brought to their attention.

    This woman had my vehicle impounded when I believe she could have instead written me a ticket for the smog that was ALL that was needed. MY FINES WERE PAID FOR! She said it was not legitimate w/o smog test.
    She was correct.

    Okay, now this changes things. If she had it impounded, then I suspect the car had been unregistered for 6 months or more. Combine this with your knowledge the registration had not been completed and the fact you drove the car might be sufficient to show an exception under (b)(1) or (b)(3) listed above.

    If I show proof in court that my vehicle was not running and show them a receipt of recently getting the car fixed and paid for smog test; however, did not get the opportunity to do the actual check. Will they give me my money back for improper towing??? I tried to explain everything to the cop but WOMEN NEVER LISTEN!!!!
    If the vehicle had been expired for more than 6 months, or you were unlicensed, the tow was valid and you will NOT get your money back for the tow as it will have been lawful. Your time for an impound hearing at the agency may well have passed, depending on how long ago this happened.

    Get the deficiencies fixed and the car registered and a court just might cut you a break.

    Not to mention whats the point in towing my car if she could have written me a ticket for smog???
    Because CVC 22651(o) says she can, and apparently she felt you were thumbing your nose at the system by claiming it was disabled then driving it the next day.

    Which... it's pointless and it's all about MONEY!!! Police dpt. towing is more expensive than the towing companies reg. towing... CAN SOMEONE EXPLAIN THAT TO ME?
    Because state law allows tow operators to charge reasonable fees for their services and they tend to charge the maximum allowed by law pursuant to the contractual arrangements and to the limits imposed by the law.

    With some exceptions, it is primarily the tow operators that make some money ... though very often they get stuck with a clunker they cannot sell when the owner does not come back for it.

    I don't know that there is anything you can do to "fight" this unless you can argue that the vehicle possessed valid registration and a functioning headlight at the time of the stop. You CAN get the car out of impound, get the smog done, get the valid registration, fix the headlight, then show everything to the court and hope they allow you to make the violation correctable.

    - Carl

  3. #3
    Join Date
    Mar 2009
    Location
    LA LA Land
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    9,170

    Default Re: Can a 4000a1vc Be Corrected

    Quote Quoting eli720
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    It was registered and paid pending smog.
    Then you should have asked for & you would have received a temporary sticker (you know, the red 4” X 4”) to post on your back/front window until you can get the vehicle to pass smog.

    Quote Quoting eli720
    View Post
    I drove down the street to pick up my boyfriend and cops were everywhere. She pulled me over for the same reason and was a royal A$$!!! DON'T POLICE MAKE A NOTE OF WARNINGS ON THE SYSTEM?
    The system does not keep a record of warnings. Although the officer may have to make a note of it as part of keeping track of contacts that he made for the day. Regardless, it won’t help you either way since without the temp sticker, you were driving illegally.

    Quote Quoting eli720
    View Post
    The story goes on... she gives me a ticket for CVC 4000(a)(1) and CVC 24400A1 headlamp equip req. and marks them both Non- correctable. Can I go to court and have them change it when I get everything fixed and pay a low fee???
    You can try… If the officer marked the violation as non-correctable then the court can assume that the violations are non-correctable. If you can convince the judge that non of the conditions that deem that violation as no correctable existed at the time then you should escape with just the administrative fee for the correction.

    Quote Quoting eli720
    View Post
    This woman had my vehicle impounded when I believe she could have instead written me a ticket for the smog that was ALL that was needed. MY FINES WERE PAID FOR! She said it was not legitimate w/o smog test.
    How long ago had you registration been expired? If it was longer than 6 months then they can impound it. Other than that, a citation should have been sufficient.

    Quote Quoting eli720
    View Post
    If I show proof in court that my vehicle was not running and show them a receipt of recently getting the car fixed and paid for smog test; however, did not get the opportunity to do the actual check. Will they give me my money back for improper towing???
    Probably not!
    And “did not get the opportunity to do the actual check” might suggest that you should not have been driving the vehicle. Especially if you did not have the temporary sticker authorizing you to drive it on a temporary basis.

    Quote Quoting eli720
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    WOMEN NEVER LISTEN!!!!
    You can say that again!

    Quote Quoting eli720
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    Police dpt. towing is more expensive than the towing companies reg. towing... CAN SOMEONE EXPLAIN THAT TO ME?
    I couldn’t explain that one but what I usually question is “how/why is it the a law enforcement agency can “contract” out towing services with a single towing service?

    In your case though, I would use this as my argument: “if your vehicle needed to be smoged for it to be legal, how can you smog it while it is in impound?”

    Again, I’m not suggesting that you can, or that you’d be entitled for the court to refund you the towing/storage fees. I’m just saying that as part of what I would use to articulate to the court that the officer’s decision was more than likely, unfair.

    Quote Quoting eli720
    View Post
    I'M A FEMALE OF 22 WITH 1 PRIOR MOVING VIOLATION, FULL TIME STUDENT, NO CRIMINAL HISTORY! HOW CAN I FIGHT THIS... I DON'T HAVE THE $$$ TO TAKE IT OUT, I WILL HAVE TO BORROW IT A TOTAL OF $350 FOR 3 NIGHTS AND 3 DAYS. WHAT CAN I SAY OR DO TO HAVE THE JUDGE BE ON MY SIDE??????
    How long was it impounded for?
    You are entitled to a hearing to see if you can get it out before the date the impound period is up.

    As to what you can tell the judge… You can state all of what you SCREAMED out here, you can also cite the vehicle code sections I posted previously in this thread; you can also state that none of those vehicle codes mention that the officer had the jurisdiction to have the vehicle impounded… But before you go to court, have the corrections made (get the vehicle smog check done, get your certificate, go to the DMV and get you stickers and registration card AND get the headlight fixed)… And in the meantime, go to the DMV and get a temporary sticker to post on the vehicle until you can get the smog check done. They should give you until the end of May to have that done.

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