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Old 03-27-2009, 04:09 PM   #3501
SL Blak Soldier
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Okay just to follow up on my post.

The court clerk did change it back to a correctable violation. Also just fyi fix-it tickets went up to $25.
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Old 03-27-2009, 04:15 PM   #3502
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Originally Posted by greenxeyezz View Post
So right now i AM insured. but my piece of paper that says I am, was damaged, and I am sending for another one. The policy number is the SAME. Obviously the police usually cannot look up this if its "up to date" or not.

So if I do get a citation for NOT having valid insurance, I would have to send in a copy of my piece of paper stating "insured x date to x date" and as long as the citation was DURING that period, i would be able to dismiss it with a processing fee?
Yes
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Old 03-31-2009, 03:36 AM   #3503
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I'm back again!
It looks like the state is trying its best to ream me.
Exhaust/front plate ticket: $50 bail AND proof of correction
Tint/smoked corners ticket: $200 AND proof of correction

Orange County is eff'd up. Fix it tickets I've paid in other counties were $10 and proof of correction. Hopefully my car sells before I have to deal with any of this crap. Am I mistaken or are those the actual fines WITH correction? What are the fines if I DON'T show proof of correction?

And to top it off, I was found not guilty in a Trial by Written Declaration case with Kern County last November. They promptly cut me a check for the $380 bail that I sent in.
Four months later, I receive a courtesy notice saying I have FAILED TO CLEAR THE CASE AND WILL HAVE TO PAY $380 BY 4/8/09. Since I was found not guilty already, isn't this double jeopardy? Is the state so desperate for money that it's undermining its own judicial integrity? This is ****ing ridiculous. Has anyone heard of this happening? I'm obviously not going to pay it, and the clerk will have a hell of a chat with me tomorrow afternoon.
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Old 03-31-2009, 12:43 PM   #3504
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For a court appearance, to try and prove the officer didnt use radar, would it be wise to say that my V1 didnt go off not once, and that when he "suppoesdly" got me with radar, i was coming from a corner, and by that time was already traveling 65-, thus I was not speeding? Because if i remember right, radar only goes in a straight line right? Cant go around turns or through hills?
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Old 03-31-2009, 09:00 PM   #3505
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Originally Posted by 951's 330i View Post
For a court appearance, to try and prove the officer didnt use radar, would it be wise to say that my V1 didnt go off not once, and that when he "suppoesdly" got me with radar, i was coming from a corner, and by that time was already traveling 65-, thus I was not speeding? Because if i remember right, radar only goes in a straight line right? Cant go around turns or through hills?
You could try that defense. But keep in mind that I've written plenty of ticket to people with radar detectors using radar. Granted only two times in nearly six years have been to guys with V1's.

So just because your V1 didn't go off doesn't mean that the officer didn't use radar. And there's the whole visual estimation thing, too!
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Old 03-31-2009, 09:03 PM   #3506
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Originally Posted by LAWLence View Post
I'm back again!
It looks like the state is trying its best to ream me.
Exhaust/front plate ticket: $50 bail AND proof of correction
Tint/smoked corners ticket: $200 AND proof of correction

Orange County is eff'd up. Fix it tickets I've paid in other counties were $10 and proof of correction. Hopefully my car sells before I have to deal with any of this crap. Am I mistaken or are those the actual fines WITH correction? What are the fines if I DON'T show proof of correction?
The bail amount went up on fix it tickets so the $50 is probably a correctable violation. Seems to me like the tinted windows/corners is non-correctable and if so, $200 seems like about the right fine amount.

Quote:
And to top it off, I was found not guilty in a Trial by Written Declaration case with Kern County last November. They promptly cut me a check for the $380 bail that I sent in.
Four months later, I receive a courtesy notice saying I have FAILED TO CLEAR THE CASE AND WILL HAVE TO PAY $380 BY 4/8/09. Since I was found not guilty already, isn't this double jeopardy? Is the state so desperate for money that it's undermining its own judicial integrity? This is ****ing ridiculous. Has anyone heard of this happening? I'm obviously not going to pay it, and the clerk will have a hell of a chat with me tomorrow afternoon.
Yeah, sound to me like you just need to show the court the finding of not guilty from the trial by declaration and they ought to take care of it. Did you keep a copy of the finding for your records? If not, keep a copy of EVERYTHING the court ever sends you in a file for your records!
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Old 03-31-2009, 09:15 PM   #3507
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Yeah, I got screwed it seems. Why would a tint ticket be written as noncorrectable? It looks like on the original citation he marked "no", then crossed it out and marked yes under correctable. I'll probably sell the car before this ticket needs to be paid, but I want to now just on principle.

I also lost the documents from my written declaration, but I did find then in my bank statements (check written and the check deposited when I won). Would that hold up in court?
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Old 03-31-2009, 09:42 PM   #3508
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Originally Posted by LAWLence View Post
Yeah, I got screwed it seems. Why would a tint ticket be written as noncorrectable? It looks like on the original citation he marked "no", then crossed it out and marked yes under correctable. I'll probably sell the car before this ticket needs to be paid, but I want to now just on principle.
All sections of the vehicle code are actually non-correctable but can be made correctable. It's officers discretion. The CHP has policy pertaining to when you can make a ticket correctable or not.

Quote:
I also lost the documents from my written declaration, but I did find then in my bank statements (check written and the check deposited when I won). Would that hold up in court?
It might hold up, but there's only one way to find out!
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Old 04-01-2009, 02:19 AM   #3509
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Thanks again, frobie.
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Old 04-01-2009, 11:01 AM   #3510
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Originally Posted by LAWLence View Post
Yeah, I got screwed it seems. Why would a tint ticket be written as noncorrectable? It looks like on the original citation he marked "no", then crossed it out and marked yes under correctable. I'll probably sell the car before this ticket needs to be paid, but I want to now just on principle.
Quote:
Originally Posted by frobie15 View Post
All sections of the vehicle code are actually non-correctable but can be made correctable. It's officers discretion. The CHP has policy pertaining to when you can make a ticket correctable or not.
I received a ticket last year from a CHP officer for tint, no plates and failure to have a completed change of address with me. The tint/plates were marked non-correctable. I fixed them and went to the local PD and one of the front desk workers signed off on the ticket. I then went to the courthouse for the court date. The front clerk took the ticket with the signatures, my 20 bucks and wished me a good day.
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Old 04-02-2009, 09:08 PM   #3511
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Originally Posted by frobie15 View Post
You could try that defense. But keep in mind that I've written plenty of ticket to people with radar detectors using radar. Granted only two times in nearly six years have been to guys with V1's.

So just because your V1 didn't go off doesn't mean that the officer didn't use radar. And there's the whole visual estimation thing, too!
Cool, thanks frobie!
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Old 04-07-2009, 01:57 PM   #3512
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Hey guys... , it'sbeen a while!

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Originally Posted by LAWLence View Post
And to top it off, I was found not guilty in a Trial by Written Declaration case with Kern County last November. They promptly cut me a check for the $380 bail that I sent in.
Four months later, I receive a courtesy notice saying I have FAILED TO CLEAR THE CASE AND WILL HAVE TO PAY $380 BY 4/8/09. Since I was found not guilty already, isn't this double jeopardy?
What was the original ticket for?

It's not double jeopardy if the officer re-filed under a different VC section after the "not guilty finding"!

Quote:
Originally Posted by LAWLence View Post
I'm obviously not going to pay it
Then keep your eyes open for a yellow courtesy notice with a $300+ added fine after they add a misdemeanor charge for the Failure To Pay (CVC sections 40508 & 40509.5). Also, keep your eyes open for license suspension letter from the DMV... They are not kidding around anymore about failure to pays & failure to appears...

Quote:
Originally Posted by LAWLence View Post
and the clerk will have a hell of a chat with me tomorrow afternoon.
Considering the fact that you need their help in finding what the heck went wrong, may I suggest that courtesy and respect might earn you the same in return! But you know that already, I'm sure

Last edited by Speeder; 04-07-2009 at 02:00 PM.
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Old 04-07-2009, 02:28 PM   #3513
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This happened a while ago to me but tell me if it sounds fair or maybe not harsh enough?

Barely turned 18 and got in a wreck with my friend for what the cops wrote down as "Speed racing" no one was hurt, no other cars were involved except my friend and i. Going about high 60's when we collided, spun, hit a building/a tree/light post. Both cars totaled. In the end I had to pay a 3.5k fine, 40 hours community service, 40 hours beach work. I know what i did was wrong but holy hell i thought a 3.5k fine was freaking out rageous!

And another thing: just to get this straight, is having no front license plate 100% Illegal? I havent had one on the past 2 cars i've gone through but have never been questioned about it anyways when i have been pulled over.
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Old 04-07-2009, 02:40 PM   #3514
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All sections of the vehicle code are actually non-correctable but can be made correctable. It's officers discretion. The CHP has policy pertaining to when you can make a ticket correctable or not.
With all due respect to Frobie, I disagree. See he is told to say that and he's just doing his job by following the policy that he is expected to follow... And, yes, to the CHP, it might be policy to leave that decision to the citing officer.

However, in court, you can cite California Vehicle Code Section 40303.5 which states:

Quote:
Notice to Correct Violation for Specified Infractions

40303.5. Whenever any person is arrested for any of the following offenses, the arresting officer shall permit the arrested person to execute a notice containing a promise to correct the violation in accordance with the provisions of Section 40610 unless the arresting officer finds that any of the disqualifying conditions specified in subdivision (b) of Section 40610 exist:

(a) Any registration infraction set forth in Division 3 (commencing with Section 4000).

(b) Any driver's license infraction set forth in Division 6 (commencing with Section 12500), and subdivision (a) of Section 12951, relating to possession of driver's license.

(c) Section 21201, relating to bicycle equipment.

(d) Any infraction involving equipment set forth in Division 12 (commencing with Section 24000), Division 13 (commencing with Section 29000), Division 14.8 (commencing with Section 34500), Division 16 (commencing with Section 36000), Division 16.5 (commencing with Section 38000), and Division 16.7 (commencing with Section 39000).
Subsection D includes the violations listed under Chapter 12 (commencing with section 24000) would include lighting equipment... As well as the exhaust system violations (if I'm not mistaken, the exhaust has to be tested at a station certified by the DMV)...

Now, to be fair, and because of the first part I underlined (unless the arresting officer finds that any of the disqualifying conditions specified in subdivision (b) of Section 40610 exist), here is section 40610:

Quote:
Notice to Correct Violation

40610. (a) (1) Except as provided in paragraph (2), if, after an arrest, accident investigation, or other law enforcement action, it appears that a violation has occurred involving a registration, license, all-terrain vehicle safety certificate, or mechanical requirement of this code, and none of the disqualifying conditions set forth in subdivision (b) exist and the investigating officer decides to take enforcement action, the officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the violatorís promise to correct the alleged violation and to deliver proof of correction of the violation to the issuing agency.

(2) If any person is arrested for a violation of Section 4454, and none of the disqualifying conditions set forth in subdivision (b) exist, the arresting officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the violator's promise to correct the alleged violation and to deliver proof of correction of the violation to the issuing agency. In lieu of issuing a notice to correct violation pursuant to this section, the officer may issue a notice to appear, as specified in Section 40522.

(b) Pursuant to subdivision (a), a notice to correct violation shall be issued as provided in this section or a notice to appear shall be issued as provided in Section 40522, unless the officer finds any of the following:

(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.

(c) If any of the conditions set forth in subdivision (b) exist, the procedures specified in this section or Section 40522 are inapplicable, and the officer may take other appropriate enforcement action.

(d) Except as otherwise provided in subdivision (a), the notice to correct violation shall be on a form approved by the Judicial Council and, in addition to the ownerís or operatorís address and identifying information, shall contain an estimate of the reasonable time required for correction and proof of correction of the particular defect, not to exceed 30 days, or 90 days for the all-terrain vehicle safety certificate.

Note that it says (subsection (c)) that the officer has discretion to take other appropriate action (than to issue a correctable violation) but one of the conditions in subsection (b) has to exist.
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Old 04-07-2009, 02:48 PM   #3515
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I'll probably sell the car before this ticket needs to be paid, but I want to now just on principle.
The principle is, even if you sell the car, those violations were written under your drivers license. You are still responsible to take care of them whether you sell the car or even dump it in the ocean.

My advice, take care of the corrections while the car is in your possession. Otherwise, you would have to pay the full fine outlined in the courtesy notice instead of just the administrative fees to get the corrections.

By the way, the admin fees are specified in CVC 40611 as $25 per correction... (used to be $10 but it went up Jan, 1, 2009...

Quote:
Proof of Correction of Violation: Transaction Fee

40611. (a) Upon proof of correction of an alleged violation of Section 12500 or 12951, or any violation cited pursuant to Section 40610, or upon submission of evidence of financial responsibility pursuant to subdivision (e) of Section 16028, the clerk shall collect a twenty-five-dollar ($25) transaction fee for each violation. The fees shall be deposited by the clerk in accordance with Section 68084 of the Government Code.
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Old 04-07-2009, 03:16 PM   #3516
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Originally Posted by oAllElseFailo View Post
This happened a while ago to me but tell me if it sounds fair or maybe not harsh enough?

Barely turned 18 and got in a wreck with my friend for what the cops wrote down as "Speed racing" no one was hurt, no other cars were involved except my friend and i. Going about high 60's when we collided, spun, hit a building/a tree/light post. Both cars totaled. In the end I had to pay a 3.5k fine, 40 hours community service, 40 hours beach work. I know what i did was wrong but holy hell i thought a 3.5k fine was freaking out rageous!
Well, you either plead guilty or were found guilty of some sort of charge, right?
Tell us what you were charged with and we'll tell you if the fine was excessive or not!
Quote:
Originally Posted by oAllElseFailo View Post
And another thing: just to get this straight, is having no front license plate 100% Illegal? I havent had one on the past 2 cars i've gone through but have never been questioned about it anyways when i have been pulled over.
CVC Section 5200(a)5200. (a) When two license plates are issued by the department for use upon a vehicle, they shall be attached to the vehicle for which they were issued, one in the front and the other in the rear.

If you bought a car that only had one plate then you should go to the DMV turn that in and they'll give you a new set of plates.... Oh, but it'll cost you. I think the fee is $26 but I could be wrong on the amount...
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Old 04-07-2009, 08:43 PM   #3517
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With all due respect to Frobie, I disagree. See he is told to say that and he's just doing his job by following the policy that he is expected to follow... And, yes, to the CHP, it might be policy to leave that decision to the citing officer.
40610(b)1, 2, & 3 that you quoted in your original message all outline things that would make a violation non-correctable. I know fraud or persistent neglect covers about every single tint violation (as does the immediate safety hazard). And the inability to immediately correct the violation covers anything and everything. Say you get pulled over for your exhaust being too loud. Can you remedy that immediately? What's the courts working definition of immediate? Mine? Yours? Basically, the Vehicle Code contradicts itself. It says that violations are correctable, but they have to be corrected immediately.

That said, if you get stopped for something like 5204a, not having the current/correct registration stickers on your plate. And you have the sticker in your glovebox, you could still be cited for that violation even if you put the sticker on while the officer writes you the ticket, but it can be made correctable. Make sense?
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Old 04-07-2009, 10:56 PM   #3518
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Originally Posted by Speeder View Post
Well, you either plead guilty or were found guilty of some sort of charge, right?
Tell us what you were charged with and we'll tell you if the fine was excessive or not!
Yeah i did plead guilty. There was 2 charges and i dont know the numbers off of my head but i think one was like exhibition of speed and the other participating in a street race? Oh and the lisence was suspended for a year. I mean i don't care now that i did it all and took care of it, again i just thought the fine was a lot a lot!
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Old 04-08-2009, 02:31 AM   #3519
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Well, I got that $380 courtesy notice shot down. Turns out it was a clerical error. Go figure.

As for the fix it tickets, I've already fixed 2/4 of the things I was cited for. If I do show proof of correction, is it still only $25 for the administrative fee, even if it says $200+proof of correction on my courtesy notice? The officer marked "no" under correctable and then crossed it off and checked "yes". Looks like it could've been another clerical error to me.
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Old 04-08-2009, 03:50 PM   #3520
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Well, I got that $380 courtesy notice shot down. Turns out it was a clerical error. Go figure.

As for the fix it tickets, I've already fixed 2/4 of the things I was cited for. If I do show proof of correction, is it still only $25 for the administrative fee, even if it says $200+proof of correction on my courtesy notice? The officer marked "no" under correctable and then crossed it off and checked "yes". Looks like it could've been another clerical error to me.
You'd have to check with the court for a firm answer on the amount of the fine and if they'll accept a signed off ticket even if it was marked "no."
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