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21658(I) 12500(M) 16028(I) Ticket CA

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CurlieCutiePie

Junior Member
California, I got a ticket Jan 8, 09 by LAPD on the street. I wasn't speeding, but the car behind was following too close, and the car in front of me slammed on his brakes because he didn't see a car was turning left, so I got over in my right lane so I wouldn't get rear ended and a cop pulled me over for "Unsafe lane change". I used my signal and told the cop 1 of my bulbs was out, but he was c.ocky and refused to make it a fix it ticket because I didn't have a license (it expired on my Birthday in March). I bought my car salvaged so I wasn't driving it til the day before when I finally got my new engine). So he gave me a ticket for unsafe lane change, and made my driving without a license charge a Misdemeanor on my ticket! He also marked that I didn't have evidence of Insurance. I had already filed for the CA low cost insurance and was awaiting my paperwork to come. I went to DMV and got my license renewed on my lunch break and now have my insurance set up, as well as replaced my signal bulb. My court date is Feb 24, 09. I can't afford penalties :'(. What can be my argument to get these dismissed? I wanted to do the Trial By Declaration, but wasn't sure how to go about it if 1 offense is marked Misdemeanor. Can I do the TBD for the 2 infractions?
 
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I_Got_Banned

Senior Member
California, I got a ticket Jan 8, 09 by LAPD on the street. I wasn't speeding, but the car behind was following too close, and the car in front of me slammed on his brakes because he didn't see a car was turning left, so I got over in my right lane so I wouldn't get rear ended and a cop pulled me over for "Unsafe lane change". I used my signal and told the cop 1 of my bulbs was out, but he was c.ocky and refused to make it a fix it ticket because I didn't have a license (it expired on my Birthday in March). I bought my car salvaged so I wasn't driving it til the day before when I finally got my new engine). So he gave me a ticket for unsafe lane change, and made my driving without a license charge a Misdemeanor on my ticket! He also marked that I didn't have evidence of Insurance. I had already filed for the CA low cost insurance and was awaiting my paperwork to come. I went to DMV and got my licensed renewed on my lunch break and now have my insurance set up, as well as replaced my signal bulb. My court date is Feb 24, 09. I can't afford penalties :'(. What can be my argument to get these dismissed? I wanted to do the Trial By Declaration, but wasn't sure how to go about it if 1 offense is marked Misdemeanor. Can I do the TBD for the 2 infractions?
You maybe able to get the misdemeanor Driving without a license dismissed after paying a $10 administrative fee to the court.
You might be able to get a reduced fine for the driving without insurance considering the fact the you wre UNINSURED on the date of the violation (Even if you were awaiting your paperwork to come back, fact is you were still uninsured).
As for the 21658 violation, you say that you did signal but you also say that the light bulb was out so to the officer, and since he did not see a light bulb flashing, he opted to cite you for "making an illegal lane change /without signaling". I highly doubt that you could get that dismissed based on "he should have made it a fix it ticket" because you can't fix an illegal lane change.

keep in mind that the officer did actually give you a break. Here's how... You say your license expired on your birthday in march... That to me means March of 2008. So when you received this citation in january of 2009, your license had expired over ten months before the date you were cited.

In that case, and since you were driving with a license that expired over six months prior, the officer had the option to tow your car and impound it for a minimum of 30 days or until you become licensed. BUT HE DIDN"T!!!

As for a TBD, you cannot use that option when you have a misdemeanor charge (the 12500) and since the court wants to handle all 3 violation on the same citation as a single case, you do not have the option of TBD.
 

Zigner

Senior Member, Non-Attorney
California, I got a ticket Jan 8, 09 by LAPD on the street. I wasn't speeding, but the car behind was following too close, and the car in front of me slammed on his brakes because he didn't see a car was turning left, so I got over in my right lane so I wouldn't get rear ended and a cop pulled me over for "Unsafe lane change". I used my signal and told the cop 1 of my bulbs was out, but he was c.ocky and refused to make it a fix it ticket because I didn't have a license (it expired on my Birthday in March). I bought my car salvaged so I wasn't driving it til the day before when I finally got my new engine). So he gave me a ticket for unsafe lane change, and made my driving without a license charge a Misdemeanor on my ticket! He also marked that I didn't have evidence of Insurance. I had already filed for the CA low cost insurance and was awaiting my paperwork to come. I went to DMV and got my license renewed on my lunch break and now have my insurance set up, as well as replaced my signal bulb. My court date is Feb 24, 09. I can't afford penalties :'(. What can be my argument to get these dismissed? I wanted to do the Trial By Declaration, but wasn't sure how to go about it if 1 offense is marked Misdemeanor. Can I do the TBD for the 2 infractions?
You need an attorney - and please don't offer up lame excuses...they are transparent.
 

CurlieCutiePie

Junior Member
..point is I CAN'T AFFORD an attorney, hence my having low cost insurance, buying a salvaged vehicle and seeking legal advice online! I was saying he could have given me a fix it ticket for the bulb if he would have taken 2 seconds to look at it instead of stating I failed to signal which is not true.

..as for giving me a break, I think it was because I was in a sketchy part of town (Crenshaw & Adams). He probably didn't feel my petty traffic stop was worth the time sitting there waiting for a tow truck.. Making my offense a Misdemeanor was satisfaction enough for him as I have read on several other sites that cops NEVER mark that offense as misdemeanor.


so when I go to court what do I do? Plead not guilty? Ask for it to be dismissed? Am I assigned a public defender before my arraignment?
 
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Zigner

Senior Member, Non-Attorney
..point is I CAN'T AFFORD an attorney, hence my having low cost insurance, buying a salvaged vehicle and seeking legal advice online! I was saying he could have given me a fix it ticket for the bulb if he would have taken 2 seconds to look at it instead of stating I failed to signal which is not true.
You failed to signal.

..as for giving me a break, I think it was because I was in a sketchy part of town (Crenshaw & Adams). He probably didn't feel my petty traffic stop was worth the time sitting there waiting for a tow truck.. Making my offense a Misdemeanor was satisfaction enough for him as I have read on several other sites that cops NEVER mark that offense as misdemeanor.
Well, you're a first. Doesn't make it invalid.
 

CurlieCutiePie

Junior Member
I Didn't fail to signal, my bulb was out.. and everyone knows that 99% of the time when your bulb is out you get a fix it ticket. That is the main thing fix it tickets are issued for is for lights that are out, c'mon now.. I Don't know if you woke up on the wrong side of the bed this morning with your smart remarks, ZIGNER, but keep them to yourself, you're not helping anyone with your comment, Thanks.
 

I_Got_Banned

Senior Member
I was saying he could have given me a fix it ticket for the bulb if he would have taken 2 seconds to look at it instead of stating I failed to signal which is not true.
Or, he could have given you a fix it ticket for your burnt out light bulb in addition to the failure to signal on a lane change. Again, he opted for what he opted for considering the fact that you had 3 reasons why you should not have been driving that car; 1. no license; 2. no insurance; 3. no working signal light bulb, I would quit nagging about it and say a prayer in thanks.

He probably didn't feel my petty traffic stop was worth the time sitting there waiting for a tow truck..
Would you be surprised if I told you the tow truck could have been there before the officer would have finished writing the citation?

Making my offense a Misdemeanor was satisfaction enough for him as I have read on several other sites that cops NEVER mark that offense as misdemeanor.
NEVER say NEVER... You are not the exception to the rule... With you knowingly driving with a license that expired NINE MONTHS prior to the stop can easily justify a misdemeanor...

Whether he marked it a misdemeanor or an infraction, (especially considering the fact that you have obtained your license and will present that so as to have that dismissed upon presenting proof of correction) when you show up for your arraignment, all offenses on that citation will be treated as infractions. You can however opt out of that and choose for your case to be transferred to criminal courtroom where it will be treated as a misdemeanor. I highly doubt that will work to your advantage in any way.

so when I go to court what do I do? Plead not guilty? Ask for it to be dismissed? Am I assigned a public defender before my arraignment?
When your name is called you're gonna walk up to the table, the judge will read your name and read you the charges.

My guess is he will handle the 12500 first, once he asks you how do you plead, you show your driver's license to the bailiff. He should dismiss that after ordering you to pay a $10 Admin fee to the clerk;

Next for the 16028, he will ask you if you had insurance at the time of the stop. You might wanna mention that you were waiting for low cost insurance papers to come back (and although it might not make a difference as to your guilt it might give him an indication that you cannot afford the full fine; he might offer you a reduced fine if you can show proof that you are currently insured; You will show your proof of insurance that is currently valid, plead guilty and request a reduced sentence. I have seen Judges cut the fine by as much as half but whatever you're offered, don't balk at it. Again, he's doing you a favor which he is not obligated to offer.

Lastly, the 21658... I think you're still unconvinced that you are guilty so I'll leave that one up to you... You can plead guilty, no contest or not guilty and the judge will either tell you what the fine is or he will schedule a trial date for you where you will have the opportunity to question/cross examine the officer as to what he did and why. But I can offer you the fact that you do not have a justifiable reason to plead anything but "guilty" or "no contest".

Good luck...
 
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CurlieCutiePie

Junior Member
Thanks, I_GOT_BANNED. The signal one still perplexes me. How can an officer prove I didn't signal when I did? My front turn light was on, just the rear 1 was out.. That is STILL signaling is it not? The issue is that I was driving with a broken bulb. :-/
 

I_Got_Banned

Senior Member
Thanks, I_GOT_BANNED. The signal one still perplexes me. How can an officer prove I didn't signal when I did? My front turn light was on, just the rear 1 was out.. That is STILL signaling is it not? The issue is that I was driving with a broken bulb. :-/
To the cars behind you, and in "light" (no pun intended) of the fact that they did not see your signal, you did not signal. So although you may have signaled, the fact that there was no flashing light on the rear of your car can technically mean that you did not signal.

And please don't get me wrong... I get no benefit from seeing you pay a larger fine. BUT NEITHER DOES THE OFFICER.

You might also consider asking the Judge for some sort of payment plan if you cannot afford to pay the total fine immediately. Some courts do require a Judge's approval for that to happen.

Lastly, when the Judge sets the fine typically he is only iinforming you of the base fine. The actual fine that you are ordered to pay the the base fine plus penalty and assessment. For example, for the 16028, the base fine is $200 which translates into a bit over $760 for L A County. As for the 21658, the base fine is $40 whereas the full fine should be around $168...
 

CurlieCutiePie

Junior Member
I know!! I literally just got my car back the day before, and have the repair receipts to prove it, I just ran to the store w/it. They actualy did the bulb for me for free the next day. Grr!
 

CdwJava

Senior Member
I Didn't fail to signal, my bulb was out.. and everyone knows that 99% of the time when your bulb is out you get a fix it ticket. That is the main thing fix it tickets are issued for is for lights that are out, c'mon now..
It cannot be a "fix it" ticket because of the lane change. Now, if you go to court and present a valid license and valid insurance, then the judge is free to drop those charges with only the Administrative fee. Both 12500 and 16028 are correctable violations, but the 16028 can ONLY be corrected by the court. If not indicated as such oin the citation, the court can still do it.

As for the lane change, I doubt there will be much you can do about that as regardless of the failure to signal, the lane change was unsafe. Because the signal light was out does not suddenly make the failure to signal valid any more than having your brakes out will be an excuse for speeding. They are separate issues. You were cited for an unsafe lane change - that may have been valid even if your signal had been working and used.

You are free to make your case to the judge and see if he or she shows mercy upon you. Though I would certainly make sure that the signal light has been fixed prior to court.


- Carl
 

CurlieCutiePie

Junior Member
I think I'm screwed on the signal charge.. and it's not a punishment, the astronomical fee's will be a life hindering event for me. Wish me luck, I will let you know how it goes.
 

CurlieCutiePie

Junior Member
After standing in line this morning in a line that literally wrapped around 1 side of the building then back, then going inside and waiting in yet another long line, the clerk tells me my court date is in June. So I could have scheduled that online, but being that my stupid ticket says to APPEAR before the 24th, I thought I had to go in. SO ANNOYED
 

I_Got_Banned

Senior Member
After standing in line this morning in a line that literally wrapped around 1 side of the building then back, then going inside and waiting in yet another long line, the clerk tells me my court date is in June. So I could have scheduled that online, but being that my stupid ticket says to APPEAR before the 24th, I thought I had to go in. SO ANNOYED
well, you got some practice.. I am also guessing you got to vent a little bit chatting it up with people in line...

What I woul have done is I would have gone in to the traffic courtroom and sat in for a half hour or so. Just to watch the process and get those butterflies out of your stomach...

WAIT... DID YOU SAY JUNE?

Are you sure you requested the extension? I was under the impression that they only gave 60 days... This sound like a 90+ dayextension... Long enough for the butterflies to grow back :)
 
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