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Denial of Request For Dismissal Pursuant to VC 41500

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Miss Julie

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

I was sentenced to 16 months in state prison. I served 8 months from April 2011 - December 2011.

While I was there, I sent a form to the DMV requesting dismissal pursuant to Vehicle Code Section 41500. Shortly after, I received a response from them listing the tickets that they showed outstanding and that they'd been taken care of. I also received notices from the respective county courts saying the same thing.

There were 3 tickets that the DMV did not have notice of, so they weren't able to clear those. After talking with the public defender, I sent an Ex Parte Application to Dismiss Non-Felony Traffic Citations Pursuant to VC 41500 to the Riverside County, California court (that's where the tickets were from) I never heard back.

After I was released and I was home, I renewed my driver's license. I started getting notices from collections stating that I owed fines on unpaid tickets. I sent another Ex Parte request for dismissal and never heard back.

July of this year, I received a notice from the DMV stating that my license was about to be suspended due to an unpaid traffic ticket that occurred in 2010.

I called the court collections and he told me that the court received the request for dismissal and denied it in May of 2011. I told him that was impossible since I didn't even send the request until September 2011. (It turns out the hearing in May 2011 was where they had a trial in absentia, addressing the FTP on the 2010 ticket. I was in prison at that time so I couldn't have been there anyway.)

I went online and looked up all the tickets to see the status of them. There were 3 tickets still outstanding (two from 2003 and one from 2010) with no mention of them even receiving the request for dismissal.

All three also listed that a DMV hold was placed in or before 2010, yet the DMV never had a record of them. (The DMV STILL doesn't have a record of the two from 2003 and yet the court is charging me a $10 DMV fee for each of them)

In August of this year, I put together another Ex Parte Application to Dismiss Non-Felony Traffic Citations Pursuant to VC 41500 listing all 3 tickets, along with a letter explaining that I'd sent it before and was sending it again.

I received a response back from the court in September which consisted of the minutes from the hearings they held addressing my requests.

It says:

"The Court hereby denies said request. Defendant may file request to address FTA/FTP civil assessment. Custody status is not applicable - Correspondence received."

I don't understand how they can deny it, since the way I understand the VC is that it says the court is required to dismiss them. The citations were pending at the time of my incarceration and I was incarcerated in a state prison facility.

In regards to the civil assessment fee, the way I understand the California Code, it says that the court may impose a civil assessment of up to $300. One of the tickets shows a civil assessment of $600 in the case report online - despite the fact that the minute order says it's only supposed to be $300. From what I've researched, they can't do any of this...

Am I incorrect in thinking that they're wrong? If I am correct, how do I go about challenging this? Should I just send a letter to the judge or is there a way to officially appeal it or something? I don't live locally to the court anymore so I'm trying to avoid having to go all the way down there if I can resolve it by mail.
 


Miss Julie

Junior Member
The 2003 issues and 2010 issue have been tried and adjudicated in absentia, therefore the VC does not apply.
Only the 2010 issue was tried in absentia. The 2003 issues haven't.

Also, the trial in absentia they did for the 2010 issue... I never received notice of it because the Declaration of Custodian of Records was filed and sent out and the trial took place AFTER I was already in custody.
 

OHRoadwarrior

Senior Member
Apparently the court felt your hiding from the charges for 8 years violated the intent of the statute. I suggest you appear and be judged.
 

FlyingRon

Senior Member
What where the offenses that you were not dismissed?

Did you make the request to the DMV. It is the DMV that has the obligation to dismiss the action NOT the court.
 

Miss Julie

Junior Member
What where the offenses that you were not dismissed?

Did you make the request to the DMV. It is the DMV that has the obligation to dismiss the action NOT the court.
Speeding, no proof of insurance, crossing the double yellow. I had honestly forgotten about the ones from 2003. It had been so long and the DMV never knew about them...

I called the DMV yesterday and they told me that I have to do it through the court since I'm not currently incarcerated.
 

stanislausfire

Junior Member
I submitted 41500 while in the county jail, it was denied. Currently filing motion!

;)QUOTE=Miss Julie;3214087]What is the name of your state (only U.S. law)? California

I was sentenced to 16 months in state prison. I served 8 months from April 2011 - December 2011.

While I was there, I sent a form to the DMV requesting dismissal pursuant to Vehicle Code Section 41500. Shortly after, I received a response from them listing the tickets that they showed outstanding and that they'd been taken care of. I also received notices from the respective county courts saying the same thing.

There were 3 tickets that the DMV did not have notice of, so they weren't able to clear those. After talking with the public defender, I sent an Ex Parte Application to Dismiss Non-Felony Traffic Citations Pursuant to VC 41500 to the Riverside County, California court (that's where the tickets were from) I never heard back.

After I was released and I was home, I renewed my driver's license. I started getting notices from collections stating that I owed fines on unpaid tickets. I sent another Ex Parte request for dismissal and never heard back.

July of this year, I received a notice from the DMV stating that my license was about to be suspended due to an unpaid traffic ticket that occurred in 2010.

I called the court collections and he told me that the court received the request for dismissal and denied it in May of 2011. I told him that was impossible since I didn't even send the request until September 2011. (It turns out the hearing in May 2011 was where they had a trial in absentia, addressing the FTP on the 2010 ticket. I was in prison at that time so I couldn't have been there anyway.)

I went online and looked up all the tickets to see the status of them. There were 3 tickets still outstanding (two from 2003 and one from 2010) with no mention of them even receiving the request for dismissal.

All three also listed that a DMV hold was placed in or before 2010, yet the DMV never had a record of them. (The DMV STILL doesn't have a record of the two from 2003 and yet the court is charging me a $10 DMV fee for each of them)

In August of this year, I put together another Ex Parte Application to Dismiss Non-Felony Traffic Citations Pursuant to VC 41500 listing all 3 tickets, along with a letter explaining that I'd sent it before and was sending it again.

I received a response back from the court in September which consisted of the minutes from the hearings they held addressing my requests.

It says:

"The Court hereby denies said request. Defendant may file request to address FTA/FTP civil assessment. Custody status is not applicable - Correspondence received."

I don't understand how they can deny it, since the way I understand the VC is that it says the court is required to dismiss them. The citations were pending at the time of my incarceration and I was incarcerated in a state prison facility.

In regards to the civil assessment fee, the way I understand the California Code, it says that the court may impose a civil assessment of up to $300. One of the tickets shows a civil assessment of $600 in the case report online - despite the fact that the minute order says it's only supposed to be $300. From what I've researched, they can't do any of this...

Am I incorrect in thinking that they're wrong? If I am correct, how do I go about challenging this? Should I just send a letter to the judge or is there a way to officially appeal it or something? I don't live locally to the court anymore so I'm trying to avoid having to go all the way down there if I can resolve it by mail.[/QUOTE]
 

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