Found not guilty of violation, but civil assessment fee still applies?

[superconfused43]

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

A few months back, i was cited for an unsafe lane change. It was unjustified,
and as such, i contested it and 3months later i won. I won by trial by written declaration. However, before i went that route. I had requested a court date and got it. On the day of my trial, i was rear ended on route to the court house. I tried contacting the court to have the officer call the court, but due to it being after hours received no answer. The officer said it was not policy to write a statement for me unless need be due to many superiors having to sign off on it.

I am a student and super busy and quite far from the court house. I received a letter in the mail saying my license has been suspended, and that a CIVIL ASSESSMENT fee of 300 had been attached. I went to speak to the clerk, paid my bail, and did my trial by written declaration attached with a copy of the collision report.

I was told numerous times by the clerk that if i was to win my case, the civil assessment fees would be dropped. I just received the ruling on my case, and it says that i am found NOT GUILTY of the infraction and all fees will be refunded. LATER on in the letter, it says that my PETITION for the civil assessment was denied and that my bail was to go towards that amount and i still owe 200.

SORRY for having a long post, but i am a student, lives far away from the courthouse, and really confused. I do not know what to do or who i can speak to have this issue resolved. I don't get how i am found not guilty, and that i have a accident report of the incident on the freeway to the courthouse an hour prior to my trial time.

 

[JIMinCA]

Wow... do you have crappy luck!! I don't want to stand next to you in a thunderstorm!!

The question I have is, how did you get a TBWD? The rules are that you have to request the TBWD before your arraignment date. It sounds like you requested it AFTER the TRIAL date! I'm surprised you got that at all! Please be more descriptive about how that happened.

I can't understand how the civil assessments with a FTA would apply after a TBWD. Since the court gave you a TBWD, they had to have voided the first trial and therefore the FTA. After all, if you lost, you would have requested a Trial de Novo and gotten a new trial! How could you have an FTA for a trial that hasn't happened yet?

It seems very screwy to me... until you start to think about the budget shortfalls in CA... then it becomes very clear.

 

[I_Got_Banned]

Here's my take on what happened...

Sooo... You failed to appear on the date/time scheduled for you to appear for your trial. That resulted in a charge of FTA to your case.

When you filed your TBD, you addressed the traffic violation matter and was subsequently found "not guilty' on that, but you never made any mention of, offered a defense for or even requested that the FTA charge be dropped if and when the traffic matter was to go away.

So when your record was entered into the system, the traffic matter "went away" and yet the FTA matter remained open.

I would venture to guess that a "traffic accident" on the way to the court would be considered as a justifiable reason the have had the FTA charge dismissed, however, you failed to address that part and therefore a dismissal was not considered.

I was told numerous times by the clerk that if i was to win my case, the civil assessment fees would be dropped.

I don't know if that would be considered as "the clerk offering a clarification as far as court procedure is concerned" or if it would be considered "legal advice" which we all know, court clerks usually will not give.

I can't think of any statute that would suggest that the court would have to automatically dismiss the FTA charge based on the finding of "not guilty" of the original charge. The way I typically look at an FTA is that it is a separate charge and therefore, it must be handled as a separate matter even if that is done during the same proceeding of when the initial charge is adjudicated.

The only question that I have is: how long were you at the scene of the accident if it was "after hours" when you tried to contact the court to speak to someone about your inability to make it there?

 

[JIMinCA]

I see where IGB is going and I'll add to it. If I had a nickle to bet (no, I am NOT betting a nickle), I'd say that the court never intended to go through with the FTA once it gave you the TBWD. However, it just never made it from the judge's head to the clerk's file. Clerks are like robots. They are not paid to think and the do not do what they are not paid to do. Instead of the clerk who handled the file after the TBWD getting clarification from the judge on what is obviously a unique situation, she would rather say you still owe for the FTA. It is simple and technically it is correct. As IGB said, they are technically two seperate issues... even if one apparently contradicts the other.

 

[I_Got_Banned]

I see where IGB is going and I'll add to it. If I had a nickle to bet (no, I am NOT betting a nickle), I'd say that the court never intended to go through with the FTA once it gave you the TBWD. However, it just never made it from the judge's head to the clerk's file. Clerks are like robots. They are not paid to think and the do not do what they are not paid to do. Instead of the clerk who handled the file after the TBWD getting clarification from the judge on what is obviously a unique situation, she would rather say you still owe for the FTA. It is simple and technically it is correct. As IGB said, they are technically two seperate issues... even if one apparently contradicts the other.

Well, I wouldn't totally blame the clerk. I think the OP SHOULD have properly addressed the FTA issue in his TBWD.

With that being said, I too was confused as to how the OP got a TBWD "AFTER" his trial!!!

I think the OP thought he was going to trial on the date of his accident. When in fact, that was his "arraignment". So when he FTA'd on that day, he never got arraigned!

Later he went back to or contacted the court, and requested a TBWD.

 

[superconfused43]

Well, I wouldn't totally blame the clerk. I think the OP SHOULD have properly addressed the FTA issue in his TBWD.

With that being said, I too was confused as to how the OP got a TBWD "AFTER" his trial!!!

I think the OP thought he was going to trial on the date of his accident. When in fact, that was his "arraignment". So when he FTA'd on that day, he never got arraigned!

Later he went back to or contacted the court, and requested a TBWD.

Sorry, should of clarified. That is actually the case. I was supposed to be at court at 5 30. My accident was at 4:45 half way there. I was there for about an hour, taking pictures, both parties speaking with insurance, and waiting for chp to come so we can have a collision report.

This is just so frustrating because i was unjustly pulled over leaving a club, and the officer was just looking for duis and acted really frustrated when it was clear i had not been drinking and very cooperative. His demeanor was less than professional, threatening, and taking full advantage of his "authority".

Well, back to the point, i missed my arraignment date because i was in an accident and today i spoke to the court and they said that once the petition has been denied, it is basically set in stone. I do not know what else i can do because this is plain wrong. It is a legitimate reason, with a collision report, and officer statement. Has anyone had any experience in dealing with this?

 

[JIMinCA]

The only thing you can do is file a motion to have the FTA removed. You can't really do anything without a hearing.

Even if it were just an arraignment, the court still went outside the rules of court by granting the TBWD. The OP likely reasonably assumed (especially with the coaching of the clerk) that there was no reason to deal with the FTA seperately. If this is not the case, please let us know.

I am sure if you can get a hearing for your motion, the FTA will be recinded. Your story is perfectly legitimate and easily documented.

 

[FlyingRon]

You should have contacted the court IMMEDIATELY after failing to appear.
Waiting for letters in the mail and the fact you are "super busy" isn't going to endear yourself to the court. You're were luckier than you deserved. Around here there'd still be a warrant out for your arrest. Judges issue bench warrants on FTA's like they're giving away candy.

 

[superconfused43]

So ive spoke with the in-house attorney at my firm and he says that the civil assessment fee is complete bs just recently implemented in the ca court system due to budget shortfalls.

Has anyone had any experience with my current situation (civil assessment fee)? According to the attorney, the fact that i have a statement and collision report proves "good cause" and that i intentionally tried to show up to court but due to circumstances out of my control, couldn't.

Does anyone know how i can get put on the calender, or any other ways of getting in contact with the court commissioner?

 

[CourtClerk]

Clerks are like robots. They are not paid to think and the do not do what they are not paid to do.

I personally take offense to this. This particular robot clerk has 2 degrees and in many instances has had to correct the JUDGE when an error has been made

IGB is correct in his first analogy. The civil assessment is owed, based on what I think happened in the OP's case. BTW... if the judge wanted the civil assessment refunded, he would write it on the order. CLERKS DO NOT make decisions on bail refunds....

 

[CourtClerk]

So ive spoke with the in-house attorney at my firm and he says that the civil assessment fee is complete bs just recently implemented in the ca court system due to budget shortfalls.

Your "in house attorney" just spewed a bunch of bull. Civil assessments have been around for MANY MANY years and did not come at all from the budget shortfalls. The fact is, that regardless of what the state has been doing, the courts have always had a separate budget, ran at a surpluss and in fact, when the CA was instituted (probably going on 10 years ago), we didn't have a budget issue.

Has anyone had any experience with my current situation (civil assessment fee)?

Yes

According to the attorney, the fact that i have a statement and collision report proves "good cause" and that i intentionally tried to show up to court but due to circumstances out of my control, couldn't.

Wrong again.

Does anyone know how i can get put on the calender, or any other ways of getting in contact with the court commissioner?

Write a letter to the commissioner that heard the case.

 

[I_Got_Banned]

Wait, I thought you were a student... Now you're working at a "firm" and happen to have an in-house counsel to discuss personal legal matters with...

So ive spoke with the in-house attorney at my firm and he says that the civil assessment fee is complete bs just recently implemented in the ca court system due to budget shortfalls.

Tell the in-house attorney at your firm he's wrong. I can ... well, let me just say that it was added to California's lawbooks a few years ago.

But the point is, even if it was enacted the day before you failed to appear and regardless of the reasons why it was enacted, it is still the law!

Has anyone had any experience with my current situation (civil assessment fee)? According to the attorney, the fact that i have a statement and collision report proves "good cause" and that i intentionally tried to show up to court but due to circumstances out of my control, couldn't.

He's right about it possibly being good cause and that you intentionally tried to show up but couldn't... But the question he did not ask you was "where you injured in the accident?" If the answer is no and unless you had any other "good cause" that prevented you from calling or appearing in court the next day, then not only did you fail to appear for good cause but you also did so for no other justifiable reason.

Does anyone know how i can get put on the calender, or any other ways of getting in contact with the court commissioner?

You can call the court to see if they will schedule a court appearance for you... that is the only way I know of to get in contact with the court commissioner.

Just keep in mind that like I said, your good cause worked for the day you had your trial. As soon as the court opened up the next morning, your good cause became just an excuse that you're carrying with you until now. Also remember that the civil assessment is a statutory fine and the judge has no discretion to reduce or waive it. If you are guilty of an FTA, the $300 has got to be paid, or your license will remain on hold... as in "suspended.

Good luck...

 

[I_Got_Banned]

...had to correct the JUDGE when an error has been made

I have personally seen this happen before my own eyes.

Not in CC's court but I have seen it!

 

[superconfused43]

Wait, I thought you were a student... Now you're working at a "firm" and happen to have an in-house counsel to discuss personal legal matters with...


Tell the in-house attorney at your firm he's wrong. I can ... well, let me just say that it was added to California's lawbooks a few years ago.


I am a loan consultant as well as a full time student at a state university.
He specializes in real estate law. This is absolutely ridiculous. If i was to make my court date, i would of had to deal with a hit and run (me being the victim).

I did not linger on this until now, i have dealt with incompetent court clerks, and called the court house numerous times to no avail.

 

[I_Got_Banned]

I am a loan consultant as well as a full time student at a state university.

Gotcha...

He specializes in real estate law.

Then he shouldn't be offering advice on violations of the vehicle code. It's true that plumbing is plumbing but you don't see Cardiologists offering advice as OB/GYNs!!!

This is absolutely ridiculous.

The law does seem ridiculous at times but it is still the law!

If i was to make my court date, i would of had to deal with a hit and run (me being the victim).

Nobody has suggested at any time that you should have ran from the accident scene. In fact, and considering the urgency and importance of your court appearance, I commend you on being a responsible driver and sticking around.

What has been said a few times though, and you seem to have dodged responding to it each and every time, is that you could have contacted the court or gone to the court house the day following the accident. Being a student, being super busy or living quite a distance from the court are not valid excuses for failing to appear on a scheduled court date. You could have avoided this entire ordeal by making a simple phone call to the court... I'd be surprised if you, as a "loan consultant", don't have a Cell phone and even of you didn't, there are other options available to you, I am sure.

I did not linger on this until now.

Well, maybe YOU did not linger on THIS... But YOU let THIS linger on until you found out that your license is on hold and there's money to be paid!

i have dealt with incompetent court clerks, and called the court house numerous times to no avail.

Well, if court clerks are incompetent, then may be you should NOT have followed their advice about how to get the FTA dropped... Maybe you should have consulted with your in-house counsel back then.

I'm not sure what you want me, or anybody else for that matter to say!!! I could lie to you and tell you "yeah, snap your fingers and you'll get the FTA dismissed, you'll get your license back AND you'll get the fine waived". But you and I know it doesn't work that way.

Pleading your case here will not resolve this matter any time soon. Similarly, pleading your case to the court by offering the same reasoning that you offered here will not get you any closer to a resolution there either. That leaves you with one choice and only one choice!