What is the name of your state (only U.S. law)? California
JUNE 2, 2011 While driving a friend's vehicle I was ticketed for 2 violations; CVC 4000(a) 'Expired Registration' & CVC 16028(A) 'Proof of Insurance'. The ticket stated that I was required to appear in Traffic Court on or before September 1, 2011.
SEPTEMBER 1, 2011 I go to the Court and at my arraignment, enter a plea of 'not guilty' to all charges. A trial date is set for September 29, 2011.
SEPTEMBER 29, 2011 I DID NOT COME TO COURT. (Not that it matters now, but I incorrectly thought the Trial date was 9/30/11. INCREDIBLY STUPID MISTAKE, I know, I know.
SEPTEMBER 30, 2011 - I show up at Court and am permitted to go before the Judge to try and make things right. I apologized to the Judge for my absence and explained that it really was an honest mistake on my part. The Judge stated that I was "very irresponsible" of me to make such an error but added that, the fact that in the 16 years I have been licensed to drive in the state of California, I had never been cited for anything and had an absolute clean driving record, he could not find and reason that I had not willfully avoided my Court appearance. He then granted my request for a continuance and my next court date was set to be held the following week, on October 3, 2011.
NOTE: The Judge never mentioned it, but I think he must have at least considered the fact that the ticketing Officer did not appear for the trial on September 29, 2011 either. The Judge never mentioned a Failure to Appear violation nor that I would receive a civil assessment . Again, I have no idea as to why the FTA was not mentioned, what i DO know is that, on Sept. 29, 2011, no judgment was entered/made for the charges against me.
OCTOBER 3, 2011, I went to Court and was arraigned a second time (the first time was 9/1/11). This time, rather than pleading not guilty for the violations on the ticket, I offered proof of correction showing that the vehicle had in fact been insured (at the time I had been ticketed) and that the registration was in order. The Judge looks over the paper work and dismisses both charges!! (NOTE: The Judge NEVER mentions a Failure to Appear during this court session. Nor am I ever asked to enter a plea for a FTA, this fact is relevant because the court is now claiming that I entered a no contest plea for the FTA, which is absolutely untrue!! I would like to restate the fact that neither Judge ever utters a word to me about a FTA. Not a word on 9/30/2011, not a word on October 3, 2011. The only thing I am asked to pay for is a court fee totaling $50. After the Judge dismisses both charges, a court clerk/officer hand me a piece of paper and direct me to the 'fine room' where I am asked to pay $25 for each dismissed violation, that is it. I paid the $50 in cash and was sent on my way. And believed the matter closed until**************
JANUARY 22, 2013, I receive a 'NOTICE OF FAILURE TO PAY' letter from the Traffic Court stating
Our records indicate you have failed to pay your Court ordered fine (I have no idea what 'fine' they are referring to, FTA?) and a $300 civil assessment pursuant to Penal Code 1214.1 is pending on your case and a request has been sent to the Department of Motor Vehicles to suspend your driver's license. You must do one of the following within 15 days of 1/16/2013:
1. Pay the full amount of $485.00 in person or by mail. No monthly payments allowed.
2. If you disagree with the amount due, appear at the Carol Miller No (NO) Justice Center with pic. id to set a court date for a hearing in the future.
FEBRUARY 20, 2013
My name is called in Court and before I can say anything, the Judge (same one that dismissed both charges and never mentioned a FTA on October, 3 2011) Asks me if I would like to have “time”, (2 weeks and 2 days from 2/20/2013) to pay the court a $485.00 assessment for 'Failure to Pay' or have the assessment increased to $635 and have DMV suspend my driver’s license?
I said I’ll take the ‘time’. I didn't know what to say at this point, I stood there for a minute and the Judge looked up and had an expression like, 'What the hell? You're still here? Get thee gone!'. I felt dizzy and now don't know what to do. I don't have the money and still don't believe that my case was handled properly. Now, had either judge mentioned that I would be charged a FTA and or civil assessment for Failure to Pay at neither of my two court dates following the day I had missed. So how the hell does the Court expect me to pay something I was never asked to pay? I mean, of course I failed to pay because I was never told to pay!
A tremendous amount of gratitude and appreciation for any advice that is offered! I noticed at least two reasons why a civil assessment per CA PC 1214.1 should be grounds to vacate the Judge’s decision because one or more of the following:
A. I was never sent a 10 day notice for the FTA. I received my first notice regarding this matter nearly 2 years after I last appeared in Traffic Court, which was 10/3/2011.
B. Though they never did, had they sent me a notice of civil assessment per CA PC 1214.1, I would have appeared well within the requisite 10 day time frame as I appeared the day following my trial date (and did not attend on 9/29/11) which
was 9/30/11.
C. When I appeared in Court and requested the continuance on 9/30/11, the Judge should have told me about the FTA. And probably should not have granted my request for a continuance. But HE DID!
D. The Judge who dismissed the charges should have charged me (or at least mention) the FTA, but he never did.
CA PC 1214.1. (a) In addition to any other penalty in infraction,
misdemeanor, or felony cases, the court may impose a civil assessment
of up to three hundred dollars ($300) against any defendant who
fails, after notice and without good cause, to appear in court for
any proceeding authorized by law or who fails to pay all or any
portion of a fine ordered by the court or to pay an installment of
bail as agreed to under Section 40510.5 of the Vehicle Code. This
assessment shall be deposited in the Trial Court Trust Fund, as
provided in Section 68085.1 of the Government Code.
(b) The assessment shall not become effective until at least 10
calendar days after the court mails a warning notice to the defendant
by first-class mail to the address shown on the notice to appear or
to the defendant's last known address. If the defendant appears
within the time specified in the notice and shows good cause for the
failure to appear or for the failure to pay a fine or installment of
bail, the court shall vacate the assessment.
JUNE 2, 2011 While driving a friend's vehicle I was ticketed for 2 violations; CVC 4000(a) 'Expired Registration' & CVC 16028(A) 'Proof of Insurance'. The ticket stated that I was required to appear in Traffic Court on or before September 1, 2011.
SEPTEMBER 1, 2011 I go to the Court and at my arraignment, enter a plea of 'not guilty' to all charges. A trial date is set for September 29, 2011.
SEPTEMBER 29, 2011 I DID NOT COME TO COURT. (Not that it matters now, but I incorrectly thought the Trial date was 9/30/11. INCREDIBLY STUPID MISTAKE, I know, I know.
SEPTEMBER 30, 2011 - I show up at Court and am permitted to go before the Judge to try and make things right. I apologized to the Judge for my absence and explained that it really was an honest mistake on my part. The Judge stated that I was "very irresponsible" of me to make such an error but added that, the fact that in the 16 years I have been licensed to drive in the state of California, I had never been cited for anything and had an absolute clean driving record, he could not find and reason that I had not willfully avoided my Court appearance. He then granted my request for a continuance and my next court date was set to be held the following week, on October 3, 2011.
NOTE: The Judge never mentioned it, but I think he must have at least considered the fact that the ticketing Officer did not appear for the trial on September 29, 2011 either. The Judge never mentioned a Failure to Appear violation nor that I would receive a civil assessment . Again, I have no idea as to why the FTA was not mentioned, what i DO know is that, on Sept. 29, 2011, no judgment was entered/made for the charges against me.
OCTOBER 3, 2011, I went to Court and was arraigned a second time (the first time was 9/1/11). This time, rather than pleading not guilty for the violations on the ticket, I offered proof of correction showing that the vehicle had in fact been insured (at the time I had been ticketed) and that the registration was in order. The Judge looks over the paper work and dismisses both charges!! (NOTE: The Judge NEVER mentions a Failure to Appear during this court session. Nor am I ever asked to enter a plea for a FTA, this fact is relevant because the court is now claiming that I entered a no contest plea for the FTA, which is absolutely untrue!! I would like to restate the fact that neither Judge ever utters a word to me about a FTA. Not a word on 9/30/2011, not a word on October 3, 2011. The only thing I am asked to pay for is a court fee totaling $50. After the Judge dismisses both charges, a court clerk/officer hand me a piece of paper and direct me to the 'fine room' where I am asked to pay $25 for each dismissed violation, that is it. I paid the $50 in cash and was sent on my way. And believed the matter closed until**************
JANUARY 22, 2013, I receive a 'NOTICE OF FAILURE TO PAY' letter from the Traffic Court stating
Our records indicate you have failed to pay your Court ordered fine (I have no idea what 'fine' they are referring to, FTA?) and a $300 civil assessment pursuant to Penal Code 1214.1 is pending on your case and a request has been sent to the Department of Motor Vehicles to suspend your driver's license. You must do one of the following within 15 days of 1/16/2013:
1. Pay the full amount of $485.00 in person or by mail. No monthly payments allowed.
2. If you disagree with the amount due, appear at the Carol Miller No (NO) Justice Center with pic. id to set a court date for a hearing in the future.
FEBRUARY 20, 2013
My name is called in Court and before I can say anything, the Judge (same one that dismissed both charges and never mentioned a FTA on October, 3 2011) Asks me if I would like to have “time”, (2 weeks and 2 days from 2/20/2013) to pay the court a $485.00 assessment for 'Failure to Pay' or have the assessment increased to $635 and have DMV suspend my driver’s license?
I said I’ll take the ‘time’. I didn't know what to say at this point, I stood there for a minute and the Judge looked up and had an expression like, 'What the hell? You're still here? Get thee gone!'. I felt dizzy and now don't know what to do. I don't have the money and still don't believe that my case was handled properly. Now, had either judge mentioned that I would be charged a FTA and or civil assessment for Failure to Pay at neither of my two court dates following the day I had missed. So how the hell does the Court expect me to pay something I was never asked to pay? I mean, of course I failed to pay because I was never told to pay!
A tremendous amount of gratitude and appreciation for any advice that is offered! I noticed at least two reasons why a civil assessment per CA PC 1214.1 should be grounds to vacate the Judge’s decision because one or more of the following:
A. I was never sent a 10 day notice for the FTA. I received my first notice regarding this matter nearly 2 years after I last appeared in Traffic Court, which was 10/3/2011.
B. Though they never did, had they sent me a notice of civil assessment per CA PC 1214.1, I would have appeared well within the requisite 10 day time frame as I appeared the day following my trial date (and did not attend on 9/29/11) which
was 9/30/11.
C. When I appeared in Court and requested the continuance on 9/30/11, the Judge should have told me about the FTA. And probably should not have granted my request for a continuance. But HE DID!
D. The Judge who dismissed the charges should have charged me (or at least mention) the FTA, but he never did.
CA PC 1214.1. (a) In addition to any other penalty in infraction,
misdemeanor, or felony cases, the court may impose a civil assessment
of up to three hundred dollars ($300) against any defendant who
fails, after notice and without good cause, to appear in court for
any proceeding authorized by law or who fails to pay all or any
portion of a fine ordered by the court or to pay an installment of
bail as agreed to under Section 40510.5 of the Vehicle Code. This
assessment shall be deposited in the Trial Court Trust Fund, as
provided in Section 68085.1 of the Government Code.
(b) The assessment shall not become effective until at least 10
calendar days after the court mails a warning notice to the defendant
by first-class mail to the address shown on the notice to appear or
to the defendant's last known address. If the defendant appears
within the time specified in the notice and shows good cause for the
failure to appear or for the failure to pay a fine or installment of
bail, the court shall vacate the assessment.
