DO I have a case

[Alpha13]

What is the name of your state? California

Hello,

I am having trouble with a ticket I received. Here is what has happened: Last year I was ticketed for gridlock. I had my date extended to Feb 6 2006 to pay the bail amount and plead not guilty. I came one week prior to enter my plea and pay the bail. However, the clerk told me they recently had a problem with some tickets because of a database error and I could not doing anything with it. Key point: The clerk stamped my letter for proof that I was there, and she said that they would contact me so I would know when I could take care of the ticket

It has been a month later and now I received a yellow letter which states my new bail is $770! I went immediately to the courthouse to find out what the new penalty was for, they told me I have a $285 fine for failure to appear as well as a civil service fee of $300!

I have two options now. I can pay the bail immediately and the $300 civil service fee will be waived, or I can go to court and try to convince the judge of what happened. I believe if I go to court I will also have a decent chance of winning my gridlock ticket (estimating a 30% chance the policeman doesn't show up and a ~10% chance he comes and I win)

My questions:

-So far I have asked them to schedule a court date. The risk in this is I will not have a chance at waiving the $300 civil service fee, but if I do go I might be able to beat one or both tickets. Regarding the failure to appear, what do you think the judge will consider when he looks at that charge? Positives things are the stamp the clerk put on my paper to show I came a week in advance to pay the ticket, and what the clerk told me about being contacted when things were fixed (<the last part is very shaky though) On the negative side I did not come back within the week to try to pay again, or call afterwards (because I assumed they would contact me as well as the other people in the bad database)

-Also if I beat the original gridlock ticket does everything else (which stemmed from that) disappear?

Thanks

 

[garrula lingua]

The failure to appear stands separate from the traffic charge.
Judges usu cop an attitude towards FTAs (they are sort of contempt of Judge).
Gridlock tickets are hard to beat, also.

It's your choice. Maybe you'll get a good Judge; maybe the cop won't show, but the FTA can be a misdemeanor (VC40508(a)) & the Judge can hammer you on that (all a Judge has to do is take judicial notice of the non-appearance, or put the clerk on the stand & have her confirm you did not check in on the appearance date. A prior appearance doesn't really cure the FTA on the court date.)

Personally, I'd appear, ask to explain the FTA, try to get the civil assessment dropped & plead guilty & ask for traffic school. But maybe you'll do better fighting the ticket, if allowed (most courts I know won't allow a trial after a FTA).
Either way you go, you want to resolve that situation quickly. There is probably a warrant out for the FTA.

 

[Alpha13]

Personally, I'd appear, ask to explain the FTA, try to get the civil assessment dropped & plead guilty & ask for traffic school. But maybe you'll do better fighting the ticket,

The problem is I can only have the $300 civil assessment waived if I pay by friday, which I won't get the chance to if I go to court. It sounds like you are implying that the judge may be able to drop the civil assessment also, is this true?

When you suggest pleading guilty is this for the FTA or the gridlock? If for the gridlock, what benefit is there to pleading guilty? (could I ask for traffic school if I lost anyways? Does the fine increase?) I know the odds are against me beating the gridlock ticket so I would rather go whatever is the cheapest way instead of try to beat it. About the FTA, I really want to fight it because I feel it was the court's fault, but I don't think my case is strong.