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I HAD insurance, but NO PROOF !!!!...

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Sachmosis

Guest
I received a ticket in 1999 in California for driving with no insurance. I was driving my mother's car, which has had insurance from the very first day she got the car up until the present. I searched the car, but could not find the insurance information anywhere, which I later found out was kept in her purse. I told the officer that I HAD insurance, and he told me to just take that information with me to court, and it would be dismissed. I went to court and I showed the lady at the traffic window my proof of insurance, and I asked her if I could have an extension and if I could make payments. She said that I would have to ask the judge for that - but that I would have to have my first payment THAT day. Well, I had no money, so I said that I would come back. Well, I didn't actually get around to coming back until July 6, 2001. During that time, my car died, and then my license expired. So of course, by this time I had a warrant. Well, I brought the proof of insurance - from that time all the way up to the present - and when I went in front of the judge, I pled guilty, and then tried to tell him that I HAD proof of insurance, but he told me that he would not accept that on a two year old ticket. He was, however, under the impression that I had no insurance at the time, but that I had gotten it since then. He fined me $400.00. I wrote a letter to the court (traffic division) and sent them a copy of the insurance, and asked if my fine could be lowered or dropped, but I got a reply that said, "Corrections are not acceptable on two year old citations". There were no corrections, however! I want to appeal the judges decision, because I should not be punished for something I did not do. Can I appeal it if I pled guilty? I can't get my license renewed until I pay this fine in full, and I can't pay more than $30.00 a month. That means it will be a little over a year before I can get my license! Actually, longer than that, because I have another ticket to pay for first - I'm not supposed to start payment on this one until January, 2002. So, it will actually be almost 2 years!! What can I do???!!
Sachmosis
 


HomeGuru

Senior Member
If you went to Court the first time with the proof of insurance/signed affidavit from the insurance company, your case would have been dismissed and you would have paid nothing.
Since you failed to show in Court, you got a default judgement entered against you. Furthermore, you failed to do anything from when you first got the ticket until just this month. You had various and countless opportunities to resole the problems at the certain required stages but you chose willfully and woefully to ignore and disreguard the law.
Notwithstanding, when you went to Court, you plead guilty. You do not have any grounds to appeal based on your past apathetic and negligent actions and your entry plea of guilty.
You have no relegated yourself to catching the bus for the next 2 years.
 
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Sachmosis

Guest
As much as I hate to admit it, you're right. For some reason, ever since this happened, I've been all outraged about the whole thing - thinking it was just totally unfair. I thought and thought about it - and it seemed like I had every reason in the world to contest it. But about halfway through my earlier post, I started to doubt the validity of my arguement. I think it was when I said that I had already pled guilty. I have nothing left to do now, except for kick myself (that, and bust my a** to come up with the money to pay my fine). Let this be a lesson to all - GO TO COURT WHEN YOU'RE SCHEDULED TO GO!!!!!! Ah well, we live and learn, eh? Thank you, HomeGuru, for your very timely response.
Sachmosis
 

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