What disqualifies a California Ticket?

[Guest9.23.2008]

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

I am interested in determining what information may violate, dismiss, or disqualifies a non-moving violation ticket AND how to determine if the state or city has properly identified me as a violator.

I have received a ticket for "California 21655.5(b)VC - Carpool" as written on my ticket. The car I was driving was a Hertz rental car. My drivers license is for Ohio, an out of state license. My name for "Name (First, Middle, Last)" was incorrectly spelled on the ticket. The "Driver Lic. No." on the ticket is not my driver's license number. The ticked is dated for 8-20-08, and to this day, 9-24-08, nothing has been sent to my home address. The court date is written as "When: Date: Within Time: 60 days"

No fine amount is listed on the ticket, and because I have not received any mailings regarding this, I do not know the actual or estimated fine. How would I gather information about the fine for the ticket? Do any of my previous statements violate or dismiss this ticket? If they do not, what qualifications are commonly used in a court that do violate or dismiss a ticket? (Is this related to a procedural violation?)

[The Occultist]

Parkings tickets are actually assigned to whomever owns the vehicle. In this case, the agency that rented the car to you will be truly responsible for the ticket. Once they become aware of the ticket, and they pay it (once they are aware, they will indeed pay it) they will bill you for the amount of the fine (and possibly an added fee) as spelled out in your rental agreement, regardless of what state you're from.

[FlyingRon]

This isn't a parking violation (even on california freeways the carpool lanes tend to move a bit)

[The Occultist]

Originally Posted by FlyingRon

This isn't a parking violation (even on california freeways the carpool lanes tend to move a bit)

Heh, that's what I get for not reading the entire post, eh?

[I_Got_Banned]

Originally Posted by Guest9.23.2008

No fine amount is listed on the ticket, and because I have not received any mailings regarding this, I do not know the actual or estimated fine.

That is because the have the wrong info on the citation and therefore, the courtesy notice which is usually sent by the court is in "limbo"
The fine for a 21655.5(b) is approximately $360 depending on which county you received the citation in. The way fines in California work is that you start with a base fine (which is $100 for this violation) and then depending on the county, you add any where between $21 to $27 for every $10 of the base fine).. And finally, you add a $20 court security fee.

Originally Posted by Guest9.23.2008

How would I gather information about the fine for the ticket?

There is usually a phone number on the citation that you can call for more info. If there is not the there's gotta be a court name and address. Typically every county court has a website, Click on this link, [url=http://www.courtinfo.ca.gov/otherwebsites.htm]California Courts: Other Web Sites[/url] , select the county and that should tell you which court is handling your citation.

Originally Posted by Guest9.23.2008

Do any of my previous statements violate or dismiss this ticket?

No, your previous statements wont dismiss this ticket... Whether this ticket can be somehow connected to you is another question. For example, once the court establishes that the Drivers license number is incorrect, then they will look at the vehicle registration. The vehicle is registered to Hertz Rent-a-car; Hertz can easily trace who had that particular vehicle on the date of the citation... Catch my drift?

Originally Posted by Guest9.23.2008

what qualifications are commonly used in a court that do violate or dismiss a ticket? (Is this related to a procedural violation?)

Typically, errors such as the ones you mentioned can bring into question the officer's power of observation and thereby may create doubt as to whether the violation did indeed occur. But for this particular violation it is not that difficult to determine how many passengers were in the vehicle at the time. More importantly, and with you being in Ohio, would it really make sense for you to even begin to fight a citation that was issued thousands of miles away?
Someone eklse might disagree...

You'll have to make that decision, I guess...

Hope this helps.

[Guest9.23.2008]

Originally Posted by I_Got_Banned

That is because the have the wrong info on the citation and therefore, the courtesy notice which is usually sent by the court is in "limbo"

I have now received a courtesy notice at my Ohio address. I am having it forwarded to me, although I have not yet been able to throughly read it since I have not physically been there. Something had caught my attention from the letter that was summarized to me: My due date for the fine is within a couple days, even though my actual ticket has not required me to plead guilty or not guilty yet since my court date is "Within 60 days," as written from 08/20/2008.

Originally Posted by I_Got_Banned

No, your previous statements wont dismiss this ticket... Whether this ticket can be somehow connected to you is another question. For example, once the court establishes that the Drivers license number is incorrect, then they will look at the vehicle registration. The vehicle is registered to Hertz Rent-a-car; Hertz can easily trace who had that particular vehicle on the date of the citation... Catch my drift?

Can you explain the actual legal recourse for this? As far as I see it, you are suggesting that (withstanding actually knowing who the driver was by recording his information correctly,) the owner of the vehicle, Hertz, is responsible for the ticket. I don't understand the legal connection between the City->Hertz->Driver, unless of course it ends at the City->Hertz, and Hertz would be required by law to pay the ticket but could then sue their recorded driver to recoup any losses connecting Hertz->Driver. In other words, I don't understand how the court could legally accept whoever Hertz claimed drove their car without witnessed proof, such as by a police officer correctly recording the drivers information.

Originally Posted by The Occultist

Parkings tickets are actually assigned to whomever owns the vehicle. In this case, the agency that rented the car to you will be truly responsible for the ticket. Once they become aware of the ticket, and they pay it (once they are aware, they will indeed pay it) they will bill you for the amount of the fine (and possibly an added fee) as spelled out in your rental agreement, regardless of what state you're from.

This would be inline with what I understand from I_Got_Banned's statements, although this is a not a parking ticket, but still suggests I try finding out if Hertz indeed already paid it or not.

Originally Posted by I_Got_Banned

More importantly, and with you being in Ohio, would it really make sense for you to even begin to fight a citation that was issued thousands of miles away?

Because I both want to learn more about the system, and since I seem to be able to request a trial by written declaration having the possibility of making the situation better, but which could not make the situation worse. It's either a 'Win' or 'Remain at status quo', with little required effort.

[Guest9.23.2008]

Originally Posted by I_Got_Banned

Parkings tickets are actually assigned to whomever owns the vehicle. In this case, the agency that rented the car to you will be truly responsible for the ticket. Once they become aware of the ticket, and they pay it (once they are aware, they will indeed pay it) they will bill you for the amount of the fine (and possibly an added fee) as spelled out in your rental agreement, regardless of what state you're from.

Originally Posted by Guest9.23.2008

This would be inline with what I understand from I_Got_Banned's statements, although this is a not a parking ticket, but still suggests I try finding out if Hertz indeed already paid it or not.

To add onto this even further, I like the notion of severing any ties between the city and me, or between the DMV and me, with this situation, since I would be paying the rental car company who was identified as the responsible party, and not updating the judicial systems information to identify me.