Failure to Appear

[lalalee]

What is the name of your state (only U.S. law)? California

In June 2008 I got a "fix-it" ticket for not having my tags on my license plate.
I did not send them a notification that I had gotten new tags from the DMV.
Consequently, I was supposed to go to court for this "fix-it" ticket, but because I had thought that I got the tags, I didn't need to go to court.
I got a failure to appear in court for this.
I did not receive any notices in the mail about this court date or my failure to appear.
So now its November 2008 and it's my time to renew my driver's license and I find out I have a $742 fine and a failure to appear hold on my license.
I told them I never received anything in the mail about this but they told me there was nothing I can do.
Is there really NOTHING I can do to fight this?

 

[OldandTired]

On the ticket, there was a court date. You had until that date to show that Court that you remedied the defect on the automobile.

Having the ticket signed-off by a law enforcement officer is not the end of that process. This is the part that no one ever explains when giving a "fix-it" ticket. After the defect has been remedied, you have until the court date printed on the citation to show the Court that you took care of it, and that it was signed-off by law enforcement.

The key; you must present the ticket to the Court that is named on the ticket after is has been signed off. Failure to do so will result in a warrant for arrest, and the failure to present the ticket is the same as Failure To Appear, (by the appearance date/court date), because you failed to show the Court you took care of it.

Contact the Clerk and find out what the total amount is. There will be a warrant fee attached. Should be in the neighborhood of $200.00.

Walk in prepared to pay that amount. The clerk will most likely be able to reduce the amount, since you did not try to avoid the issue.

You now have an education in "Fix-it" tickets.

 

[jdawg83]

This is correct, a fix it ticket is not the same as a warning. Its like getting a speeding ticket, you have a court time and date, difference is if you remedy it you don't have to pay the fine, but you have to PROVE to the court that you remedied it. If you have a purchase receipt from you getting the new tags, I would take it to Court, if you can show the clerk that you got new tags before the trial date, she might/judge might reduce your fine.

Im not sure where OldandTired lives, but I don't want you to be scared, in AZ fix it tickets do not result in a bench warrant if you do not appear, it results in a default judgment and sometimes an additional fine, which it sounds like you got.

 

[dcatz]

Im not sure where OldandTired lives, but . . . in AZ fix it tickets do not result in a bench warrant

The OP lives in CA, so the result is a kind of combination of the above. The fix-it ticket was an infraction. The failure to appear resulted in an additional violation that was a misdemeanor (VC sect. 40508(a)) being added on. It sounds like a civil assessment penalty was also added. If so, no bench warrant can be issued for the FTA if a civil assessment was imposed (PC sect. 1214.1(c)).

Get proof of compliance signed-off and take it to court. The probable result is an obligation to pay the fine on the original infraction and the civil assessment. The Court has discretion to dismiss the FTA and will if you’re fortunate.