Could Use some help regarding a 1.5 year old speeding ticket.

What is the name of your state? California

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I am in some dire need of some help here and thought this might be a good place to start. I'll make this as short as possible.

I received a speeding ticket in July of 2003. The officer pulled the typical I "estimate" you were going well over 95MPH but I will let you off by saying you were only doing 80MPH which is still 15 miles over the speed limit. I was going to contest the ticket but never recieved any information regarding it. I called for 6months after the issued date and still, Ventura County (So Cal) had no record of any citation. The clerk informed said to me "Sometimes police officers just don't turn in certain citations. I have seen it happen, considering it was early morning and its 6 months later I would write it off. There is nothing in our systems regarding a ticket you claim you recieved"

I paid my registration and nothing was noted about any ticket. I've also been pulled over (no tickets) since then and nothing has ever been brought up. I was not until 12/2004 when I went to renew my registration that there was a 400.00 outstanding ticket on my record. The DMV said "Odd, I've never seen a ticket entered this way before" She told me that I should have my license taken but there was no point on my record, and it appears there was no violation just a charge. I was told I should call the Courthouse of the county I got the ticket in. I had a ticket that was 1.5 years old that just appeared.

The courthouse clerks (after many calls) admited fault. They told me that yes, I never received anything regarding the citation because the ticket was incorrectly entered. They had two wrong addresses, that they had written down wrong. I was told that since its been a year, I had to discuss it with the collections (State Tax Franchise Tax Board). I spoke with them and they only said "Sorry, yes it is a mistake but you should pay the amount, we cannot help you".

Has anyone ever dealt with something like this? I was offered an apology for the mistake but that I still had to pay the $400.00. The actual ticket was $121.00 that I was going to contest. Although the ticket just appeared, and they admitted fault. They still say that I can only pay it off regardless of their mistake. Any information would help...

[I AM ALWAYS LIABLE]

Originally Posted by JoE94Integ

What is the name of your state? California

undefined

I am in some dire need of some help here and thought this might be a good place to start. I'll make this as short as possible.

I received a speeding ticket in July of 2003. The officer pulled the typical I "estimate" you were going well over 95MPH but I will let you off by saying you were only doing 80MPH which is still 15 miles over the speed limit. I was going to contest the ticket but never recieved any information regarding it. I called for 6months after the issued date and still, Ventura County (So Cal) had no record of any citation. The clerk informed said to me "Sometimes police officers just don't turn in certain citations. I have seen it happen, considering it was early morning and its 6 months later I would write it off. There is nothing in our systems regarding a ticket you claim you recieved"

I paid my registration and nothing was noted about any ticket. I've also been pulled over (no tickets) since then and nothing has ever been brought up. I was not until 12/2004 when I went to renew my registration that there was a 400.00 outstanding ticket on my record. The DMV said "Odd, I've never seen a ticket entered this way before" She told me that I should have my license taken but there was no point on my record, and it appears there was no violation just a charge. I was told I should call the Courthouse of the county I got the ticket in. I had a ticket that was 1.5 years old that just appeared.

The courthouse clerks (after many calls) admited fault. They told me that yes, I never received anything regarding the citation because the ticket was incorrectly entered. They had two wrong addresses, that they had written down wrong. I was told that since its been a year, I had to discuss it with the collections (State Tax Franchise Tax Board). I spoke with them and they only said "Sorry, yes it is a mistake but you should pay the amount, we cannot help you".

Has anyone ever dealt with something like this? I was offered an apology for the mistake but that I still had to pay the $400.00. The actual ticket was $121.00 that I was going to contest. Although the ticket just appeared, and they admitted fault. They still say that I can only pay it off regardless of their mistake. Any information would help...

My response:

They are correct. The fine is the same as it was 1.5 years ago. You still owe the money. "Time" doesn't get you off the hook. The reason why it's so high is because the base fine is then multiplied by 171% (per the Government Code), plus surcharges. So, pay the fine.

IAAL

Please reread the post.

My point was I never recieved information due to a error on their part, to which they admitted fault. To avoid dealing with more government morons, I would pay the original fines but not the additional fees. Maybe I didn't get the point across that due to their mistakes I was never offered traffic school or what fine to pay. I called for 6 months and was told that my ticket didn't exist. It seems real fishy that after all this time, fees would be added onto something they admited was never correct on their end.

[I AM ALWAYS LIABLE]

Originally Posted by JoE94Integ

Please reread the post.

My point was I never recieved information due to a error on their part, to which they admitted fault. To avoid dealing with more government morons, I would pay the original fines but not the additional fees. Maybe I didn't get the point across that due to their mistakes I was never offered traffic school or what fine to pay. I called for 6 months and was told that my ticket didn't exist. It seems real fishy that after all this time, fees would be added onto something they admited was never correct on their end.

My response:

No, Dufus - - YOU'RE not getting it.

You received a ticket. On that ticket was a "charge" showing a vehicle code violation. You had NOTICE of the violation. That violation has a fine. That fine is INCREASED due to the law as mandated in the Government Code of California. EVERYONE gets that "increase" - - not just you. It's called an "enhancement fee". It would have been the same whether the ticket was issued, and placed into the computer properly today, or three years from now. Time didn't make it go away. Their "mistake" only caused a DELAY in justice. It doesn't give you a "get out of jail free" card!

The fine, and enhancement, plus surcharges, remain constant. They haven't changed. You are just as much on the hook for those fines and enhancements today, as you were 1.5 years ago. You wouldn't have been allowed to take traffic school, anyway, because of the gravity of your violation! So, now that you know what the fine is, and why it's as high as it is, you had better pay the fine. Otherwise, you're going to lose your driving privileges.

IAAL

You can't pay a ticket if it is not processed. I called to pay a ticket, I was told it could not be paid since it was not processed. I called many times to pay off the ticket, yes ticket in hand, and read off all the information on the ticket. Regardless of what the ticket says, unless the citation number is processed and recognized in a computer you cannot pay something that doesn't exist. You cannot have them charge you card and say apply this when the ticket goes through. The original charge had a fee of 121.00 which is the only charge. The "Civil Assesment Fees" are added if a ticket isn't paid for.

Not once was there a mention of "getting off the hook". I simply stated I tried to pay for a fine that I was not allowed to pay due to clerical error. When I was finally able to pay it fees were added. Find another site to vent and get out your frustrations.

[I AM ALWAYS LIABLE]

Originally Posted by JoE94Integ

Dufus?

Nice way to phrase things @55hole.

You can't pay a ticket if it is not processed. I called to pay a ticket, I was told it could not be paid since it was not processed. I called many times to pay off the ticket, yes ticket in hand, and read off all the information on the ticket. Regardless of what the ticket says, unless the citation number is processed and recognized in a computer you cannot pay something that doesn't exist. You cannot have them charge you card and say apply this when the ticket goes through. The original charge had a fee of 121.00 which is the only charge. The "Civil Assesment Fees" are added if a ticket isn't paid for.

Not once was there a mention of "getting off the hook". I simply stated I tried to pay for a fine that I was not allowed to pay due to clerical error. When I was finally able to pay it fees were added. Find another site to vent and get out your frustrations.

My response:

Why aren't you reading or understanding. Are you suffering from a mental or emotional deficit?

Let me repeat: "It doesn't matter if it wasn't in the computer 1.5 years ago. What matters is that it is NOW!! The enhancement fees would have been added ANYWAY!!!" (He said, screaming his head off at this jackass).

These have been "on the books" for years. Read these:

California Government Code section 70372.

(a) Except as otherwise provided in this article, there
shall be levied a state court construction penalty, in addition to
any other state or local penalty including, but not limited to, the
penalty provided by Section 1464 of the Penal Code and Section 76000
of the Government Code, in an amount equal to five dollars ($5) for
every ten dollars ($10) or fraction thereof, upon every fine,
penalty, or forfeiture imposed and collected by the courts for
criminal offenses, including, but not limited to, all offenses,
except parking offenses, as defined in subdivision (i) of Section
1463 of the Penal Code, involving a violation of a section of the
Fish and Game Code, the Health and Safety Code, or the Vehicle Code
or any local ordinance adopted pursuant to the Vehicle Code. Any
bail schedule adopted pursuant to Section 1269b of the Penal Code may
include the necessary amount to pay the state penalties established
by this section, by Section 1464 of the Penal Code, and Chapter 12
(commencing with Section 76000) of Title 8 of the Government Code for
all matters where a personal appearance is not mandatory and the
bail is posted primarily to guarantee payment of the fine. After a
determination by the court of the amount due, the clerk of the court
shall collect the penalty and transmit it immediately to the county
treasury and the county treasurer shall transmit these sums as
provided in subdivision (f).


California Government Code section 76000.
(a) In each county there shall be levied an additional
penalty of seven dollars ($7) for every ten dollars ($10) or fraction
thereof which shall be collected together with and in the same
manner as the amounts established by Section 1464 of the Penal Code,
upon every fine, penalty, or forfeiture imposed and collected by the
courts for criminal offenses, including all offenses involving a
violation of the Vehicle Code or any local ordinance adopted pursuant
to the Vehicle Code, except parking offenses subject to Article 3
(commencing with Section 40200) of Chapter 1 of Division 17 of the
Vehicle Code. These moneys shall be taken from fines and forfeitures
deposited with the county treasurer prior to any division pursuant
to Section 1463 of the Penal Code.
The county treasurer shall deposit those amounts specified by the
board of supervisors by resolution in one or more of the funds
established pursuant to this chapter. However, deposits to these
funds shall continue through whatever period of time is necessary to
repay any borrowings made by the county on or before January 1, 1991,
to pay for construction provided for in this chapter.
(b) In each authorized county, provided that the board of
supervisors has adopted a resolution stating that the implementation
of this subdivision is necessary to the county for the purposes
authorized, with respect to each authorized fund established pursuant
to Section 76100 or 76101, for every parking offense where a parking
penalty, fine, or forfeiture is imposed, an added penalty of two
dollars and fifty cents ($2.50) shall be included in the total
penalty, fine, or forfeiture. Except as provided in subdivision (c),
for each parking case collected in the courts of the county, the
county treasurer shall place in each authorized fund two dollars and
fifty cents ($2.50). These moneys shall be taken from fines and
forfeitures deposited with the county treasurer prior to any division
pursuant to Section 1462.3 or 1463.009 of the Penal Code. The
judges of the county shall increase the bail schedule amounts as
appropriate to reflect the added penalty provided for by this
section. In those cities, districts, or other issuing agencies which
elect to accept parking penalties, and otherwise process parking
violations pursuant to Article 3 (commencing with Section 40200) of
Chapter 1 of Division 17 of the Vehicle Code, that city, district, or
issuing agency shall observe the increased bail amounts as
established by the court reflecting the added penalty provided for by
this section. Each agency which elects to process parking
violations shall pay to the county treasurer two dollars and fifty
cents ($2.50) for each fund for each parking penalty collected on
each violation which is not filed in court. Those payments to the
county treasurer shall be made monthly, and the county treasurer
shall deposit all those sums in the authorized fund. No issuing
agency shall be required to contribute revenues to any fund in excess
of those revenues generated from the surcharges established in the
resolution adopted pursuant to this chapter, except as otherwise
agreed upon by the local governmental entities involved.
(c) The county treasurer shall deposit one dollar ($1) of every
two dollars and fifty cents ($2.50) collected pursuant to subdivision
(b) into the general fund of the county.
(d) The authority to impose the two-dollar-and-fifty-cent ($2.50)
penalty authorized by subdivision (b) shall be reduced to one dollar
($1.00) as of the date of transfer of responsibility for facilities
from the county to the Judicial Council pursuant to Article 3
(commencing with Section 70321) of Chapter 5.1, except as money is
needed to pay for construction provided for in Section 76100 and
undertaken prior to the transfer of responsibility for facilities
from the county to the Judicial Council.
(e) The seven-dollar ($7) additional penalty authorized by
subdivision (a) shall be reduced in each county by the additional
penalty amount assessed by the county for the local courthouse
construction fund established by Section 76100 as of January 1, 1998,
when the money in that fund is transferred to the state under
Section 70402. The amount each county shall charge as an additional
penalty under this section shall be as follows:

$5.00 per $10.00 of fine, plus other surcharges : Ventura


Now, go away, son. You bother me.

IAAL

[I AM ALWAYS LIABLE]

My further response:

Rhetorical statement and question:

You said, "The "Civil Assesment Fees" are added if a ticket isn't paid for."

Where the hell did you get that nonsense? You won't find THAT in the Vehicle Code or the Government Code.

IAAL

[James Young]

JoE94Integ writes:


I received a speeding ticket in July of 2003. The officer pulled the typical I "estimate" you were going well over 95MPH but I will let you off by saying you were only doing 80MPH which is still 15 miles over the speed limit. I was going to contest the ticket but never recieved any information regarding it. I called for 6months after the issued date and still, Ventura County (So Cal) had no record of any citation. . . . “There is nothing in our systems regarding a ticket you claim you recieved"

I paid my registration and nothing was noted about any ticket. I've also been pulled over (no tickets) since then and nothing has ever been brought up. I was not until 12/2004 when I went to renew my registration that there was a 400.00 outstanding ticket on my record. The DMV said "Odd, I've never seen a ticket entered this way before" She told me that I should have my license taken but there was no point on my record, and it appears there was no violation just a [financial] charge. I was told I should call the Courthouse of the county I got the ticket in. I had a ticket that was 1.5 years old that just appeared.

. . .they only said "Sorry, yes it is a mistake but you should pay the amount, we cannot help you".

Has anyone ever dealt with something like this? I was offered an apology for the mistake but that I still had to pay the $400.00. The actual ticket was $121.00 that I was going to contest. Although the ticket just appeared, and they admitted fault. They still say that I can only pay it off regardless of their mistake. Any information would help... [Emphasis added by JY]

Let me make certain that I have this correct. You received a speeding cite that you felt strongly enough to contest but, since the court never received any notice that there even was a cite, you could not plead guilty. Further, you did not enter any plea at all. You then engaged a government bureaucracy in a little roundy-round-cover-your-ass-it’s-not-my-fault incompetence. You then received notice that, despite never having had legitimate opportunity to contest the cite, that you had effectively been found guilty and therefore owed $400. To sum it up, they fυck up and you are expected to pay up.

Let’s talk about strategy. First, I would get the citation re-opened and plead “not guilty.” Your attorney can help you with that. Second, you need to win that case and your attorney can help you with that. I think it unlikely that the officer would show up for a speeding case nearly two years old. Further, a judge might just dismiss it because the state has not acted in good faith or with clean hands.

Last, a citation is nothing more than a promise to appear before a particular court. From your post, it appears that you did this, multiple attempts even. Violations (more so alleged violations) do not in of themselves carry a penalty (fine). A guilty verdict may carry a fine (and usually does).

The court may not impute guilt for failure to appear (their likely reason) since you did, in fact, appear. Were it really that easy, we could do away with juries in all cases and simply have the prosecution hide the charges until a certain length of time had expired when the court can then impute their guilt because they failed to appear.

[sammygotaticket]

i think you should seek legal help in this matter because it was their fault that you never received information in the first place so that you could do anything. of course you have to pay the fine, but that should be a last resort for you. go talk to a lawyer for free and tell him your situation, i had something almost equally bad happen to me.. i did my traffic school and sent it in a month early, and i noticed my insurance went up a few months later. turns out, i called the damn court and they said they never received my traffic school certificate, which is complete and i know there's some corruption going on here, im going to seek legal help as well
anyways, best of luck to u,
Sam

[James Young]

I had a similar experience in Oklahoma many years ago. I was cited for 74/55 by the OHP. I was actually traveling at 55 mph since I knew the trooper was there. He made a multitude of technical errors and put down a time when I could prove I was in Colorado. I called the Asst DA, outlined some of the problems with the citation and he assured me that he would not present the case to the court and would not default me, i.e., add the “failure to appear” charge until he could investigate and respond to me. Well, in short, he lied to me and did default me only the case got lost somewhere in the shuffle and, despite numerous contacts – telephone and written – from me, it didn’t show up for over two years. Court personnel kept insisting that my social security number, which I never provided to anybody, was something not even remotely close to mine. I finally wrote to and then spoke with the judge and he just dismissed the case.

I got my revenge, however. I used my ownership (partial) of a business in Oklahoma as leverage, moving the business to Texas. This has cost the state of Oklahoma millions in property, income and sales taxes, as well as lost wages. Whenever the governor or the state rep for the area changes, I send them a nice letter explaining what they lost and that it could have been avoided by more competent troopers and court personnel and certainly a more honest prosecutor. BTW, the business is doing superbly in its new home.