CA ticket 223450, but live in NY

[Shannon Jachett]

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

I live in NY and received a speeding ticket 22350 in a construction Zone, going 64 in a 35. I was going with the flow of traffic but was pulled over because I was on the end and closest to the Police Officer. ON my ticket the Infraction is circled. I received my notice in the mail and wanted to pay the fine and go to traffic school but the notice states Mandatory Appearance. I have e-mailed The DMV at [email protected] and they say that I must show up and that I am not allowed an extension. Surely, there must be other out-of-staters who have not had to fly back to see the judge? What can I do? I have two children, my husband travels for work and will be away on the date of appearance. I would like to pay the fine and take traffic school out here. What to do?What is the name of your state (only U.S. law)?

 

[I_Got_Banned]

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

I live in NY and received a speeding ticket 22350 in a construction Zone, going 64 in a 35. I was going with the flow of traffic but was pulled over because I was on the end and closest to the Police Officer. ON my ticket the Infraction is circled. I received my notice in the mail and wanted to pay the fine and go to traffic school but the notice states Mandatory Appearance. I have e-mailed The DMV at [email protected] and they say that I must show up and that I am not allowed an extension. Surely, there must be other out-of-staters who have not had to fly back to see the judge? What can I do? I have two children, my husband travels for work and will be away on the date of appearance. I would like to pay the fine and take traffic school out here. What to do?What is the name of your state (only U.S. law)?

The DMV has no jurisdiction to make a decision about your mandatory court appearance. That is a court matter and should be taken up with court instead.

However, the DMV will become an active participant if/when you do fail to appear.

Let's say that you do fail to appear in court. The court will do the following:

1. Because if the "failure to appear" a violation of California Vehicle Code section 40508.a is added to your citation. That in turn will add a $300 civil assessment/penalty to your fine pursuant to Ca Penal Code section 1214.1.

2. A California Vehicle Code section 40509.5 is also added to your citation which basically boils down a notice to the California DMV of your failure to appear as well as a court order placing hold on your driver's license (i. e. they will suspend your driving privilege in California). But since the citation which has caused all this shows a New York driver's license number, then the California DMV will notify the New York DMV of the license hold/suspension.

If you're wondering whether a California DMV notice to hold/suspend your license will affect your driving privilege in New York, the answer is "YES"! Your license will be suspended in New York state as well.

The citation that you received shows a court address and phone number. CALL IT NOW and find out what, if anything, they can do for you. If for some reason you no longer have the citation then post what city you received the citation in and I will look it up for you.

 

[Outranges]

I also got the same ticket in California and was told by the court that it is mandatory court appearance since the speed exceeds 100 mph. However, after doing some research, per CVC 40902, all infractions with the exception of DUI are eligible for Trail by Written Declaration. Does anyone know how I can talk the court into giving me what appears to be my right? I really would not want to drive back there since it is hours away.

Also, does anyone know anything about the Discovery method and whether or not it should be used to obtain evidence?

 

[I_Got_Banned]

. . . after doing some research, per CVC 40902, all infractions with the exception of DUI are eligible for Trail by Written Declaration. Does anyone know how I can talk the court into giving me what appears to be my right?

That's incorrect!
Thread -jacking is unfair to the OP & it tends to confuse matters!
So start your own thread please!

 

[JIMinCA]

Simply call the number on your ticket (the court) and tell them you'd like to do a TBWD. The DMV has nothing to do with your ticket.... yet.

 

[I_Got_Banned]

Simply call the number on your ticket (the court) and tell them you'd like to do a TBWD. The DMV has nothing to do with your ticket.... yet.

Jim, both posters have a "mandatory court appearance" because of the 25+mph over the speed limit. They have to appear before the Judge at which time they can ask for TBD but to simply reuest it over the phone... I highly doubt it will work!

 

[JIMinCA]

I don't think so... they have the right to a TBD and the right to submit a plea via mail. If you can show me the statute that says they must make a court appearance if they are accused of 25 over, I'll recind my statement.

 

[I_Got_Banned]

I don't think so... they have the right to a TBD and the right to submit a plea via mail. If you can show me the statute that says they must make a court appearance if they are accused of 25 over, I'll recind my statement.

You're posting a challenge about something you don't seem to be sure about...

How about I give you a hint? It is NOT in the Vehicle Code...

Point is, if I get a letter from the court that states that I have a MANDATORY court appearance, chances are, I'm gonna show up

 

[JIMinCA]

I'm not posting a challenge... this is not a contest. I am simply disagreeing with you, but I am offering you the opportunity to support your opinion with more than a hint.

If you are suggesting that a person from New York could visit CA and get a ticket for 25mph over and be compelled to fly back to CA to be arraigned simply so that he can then do a TBWD, then I will just simply say that you are wrong.

 

[I_Got_Banned]

I'm not posting a challenge... this is not a contest. I am simply disagreeing with you, but I am offering you the opportunity to support your opinion with more than a hint.

If you are suggesting that a person from New York could visit CA and get a ticket for 25mph over and be compelled to fly back to CA to be arraigned simply so that he can then do a TBWD, then I will just simply say that you are wrong.

Oh, my bad... I misinterpreted if "IF" ... "THEN" into a challenge...

And rather than offer me the opportunity to support my "claim", you could have justified your disagreement with my definition of MANDATORY. Got anything that says MANDATORY means "may", "can if defendant chooses to", ..., or even "New York residents excluded"?

 

[seniorjudge]

Why don't one of y'all (or both) PM Carl and/or Court Clerk to see how this is handled in the real world?

(I don't have a clue.)

 

[I_Got_Banned]

Why don't one of y'all (or both) PM Carl and/or Court Clerk to see how this is handled in the real world?

(I don't have a clue.)

In the time you posted that, you could have PM'd both...

J/K, my guess is that the MANDATORY part can and will be waived if... Well, this is California so... if you pay the fine, that'll take care of that.

 

[seniorjudge]

...
In the time you posted that, you could have PM'd both
...

That would've been too easy!