Part 1 of 2
That's why an FTA (Failure To Appear) is now known as an FTP (Failure To Pay)... .
For the record and to keep this thread
completely accurate, your answers are incorrect. A FTA and a FTP are 2 completely different things and are used for 2 completely different reasons. FTA's are issued when you are issued a ticket and never appear and never pay. ..
Actually, since we are looking for
"complete accuracy" ... a "never appear and never pay" would mean that one would "never" get their driver's license back. And since "never" is a long, long time I would assume that a more accurate term should be "hasn't" or "didn't appear/pay on the date stated on the citation or any date of any subsequent extension"... ?
They are reported to the DMV as an FTA. There is a completely different field for FTP's and this is why: FTP's are issued (for adults) when the case has been adjudicated, there was a fine issued as a result of a conviction and the defendant has not paid it. ETA: This statement holds true if you are an adult. All juvenile traffic tickets are listed as FTP's if they fail to appear. An FTA can be cleared with DMV by scheduling an appearance with the court and having a temporary abstract issued. And FTP can only be cleared by paying the fine..
I stand corrected (or shredded)... And again, since we are looking for accuracy and completeness of information the let me add?the following to what CourtClerk was kind enough to add here (and I'm sure you'll correct me if I am wrong):
An FTA is a 40508.a and an FTP is a 40508.b... There is also a 40508.c and that is "Failure to comply with a court order".
Additionally, one might find that a CVC section 40509.5 has also been added to the original violation(s) for that case. A 40509.5 means that the court has notified the DMV of the FTA or FTP and "a hold" was placed on the driver's license. It is that hold that the DMV uses as reason to initiate and issue a Notice and Order of Suspension of the defendant's drivers license.
That's why they used to issue warrants for not paying a traffic ticket, but what good are you to them if they lock you up? Now they'll just suspend your license until you pay.
They still issue warrants for not paying a ticket if the ticket was issued for a misdemeanor violation.
I was discussing this thread which involved "speeding citations".
But even if I wasn't strickly speaking about speeding, a failure to appear is considered a "misdemeanor", isn't it?
So I fail to appear for my arraignment, I get charged with a misdemeanor... But where is the warrant that is issued for misdemeanors? It was never issued further solidifying my point that... "They don't wanna lock you up, they just want your money".
And once again, I am not arguing "crime & punishment". I'm only stating that exorbitant fines are not "fair & just".
That's why for every $10 of base fine in the Bail schedule you gotta add an additional $24 is penalties and assessments. (That's a 240% increase/"mark up"... so a $25 base fine suddenly becomes $97... a $50 fine becomes $170).
PA's are calculated and assessed for a completely different reason. It was raised twice in 2007.
Honestly, when I'm standing in court before the judge, I really could care less what the legislature found as justifiable reason to add so much to the fine amounts or how many times they were raised... As far as I am concerned, I am writing one check that is made out to LASC.
In fact, the main point behind my posting any of the information I had posted and even with as inaccurate as it may have been, my point was to suggest that?in the interest of enforcing the law, in the course of the administering justice, and with as exorbitant as traffic violation fines have become, that I personally (not suggesting anyone else should agree) feel that the system is more concerned about "revenue" than it is about the administration of justice. Unless justice can be evaluated with dollars & cents. And it already has been. So may be I should just shut up!
That was the part of my previous post that you didn't even touch so I'm not sure if you disagree, if you found it to be too taboo of a topic to even acknowledge or whether you sort of in an odd strange way agree with me and yet you know better than to smack the hand that feeds you.
At any rate and with this being a "legal advice" forum as opposed to a "political forum" I highly doubt my voice is being heard.
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