Los Angeles Redlight Camera ticket help.

[9999999]

So I live in California and received a ticket a couple weeks ago in the mail for not making a complete stop at a red light while making a right turn. (camera took a picture of my license)

Los Angeles recently canceled their red light camera program and has pretty much told everyone that the people who ignore the tickets do not get any penalties and do not have to pay the ticket. I read that the court does nothing to punish these people so this is the reason why they're canceling the program. They're pretty much losing money and getting no results.

This is great news to me because I don't have to pay my ticket now. However,
I called the court hotline and set and appearance date to contest my ticket a couple weeks ago to lower my fine and etc. I was told since I setup a court date, I am now obligated to pay my fines and etc..

Is it possible for me to cancel my appearance date since I volunteered to go to court and just not pay the ticket? It's over $480 not including traffic school.

Also, if I manage to cancel my court date. Will I get a point on my driving record if I do not pay for the ticket?

Red Light Camera Tickets in Los Angeles | Flock of Legals (written by a lawyer explaining the situation)

Any expert advice would be much appreciated. Thanks in advance.

 

[I_Got_Banned]

So I live in California and received a ticket a couple weeks ago in the mail for not making a complete stop at a red light while making a right turn. (camera took a picture of my license)

Your face is showing in at least one of the pictures too, isn't it?

Los Angeles recently canceled their red light camera program and has pretty much told everyone that the people who ignore the tickets do not get any penalties and do not have to pay the ticket.

Actually, I'm not sure where you're getting your information from... They do add penalties on top of the original fine... AND the matter is referred to the collection agency that handles delinquencies for the court!

I read that the court does nothing to punish these people so this is the reason why they're canceling the program. They're pretty much losing money and getting no results.

Again, the court does add extra fines and penalties though the L.A. County court system is opting out from reporting the delinquent matters to the DMV as they would with regular issued citations.

This is great news to me because I don't have to pay my ticket now.

Not so fast....

However, I called the court hotline and set and appearance date to contest my ticket a couple weeks ago to lower my fine and etc. I was told since I setup a court date, I am now obligated to pay my fines and etc..

Well, there you go... I don't know which county/court this is but just because the L.A. county court system chooses to handle these matter in the retarded manner they do, does not mean that all county courts in the state have to follow suit.

Is it possible for me to cancel my appearance date since I volunteered to go to court and just not pay the ticket? It's over $480 not including traffic school.

You'll have to either consult with a local attorney or contact YOUR court's traffic clerk with that question. If the "I was told since I setup a court date, I am now obligated to pay my fines and etc.." came from that clerk, then it sounds to me like you've already received your answer...

Also, if I manage to cancel my court date. Will I get a point on my driving record if I do not pay for the ticket?

The question is not whether you will get any points if you fail to appear in court, the question is whether the court will notify the DMV of your failure to appear and request that the DMV place a hold on (as in "suspend") your license.

Red Light Camera Tickets in Los Angeles | Flock of Legals (written by a lawyer explaining the situation)

You didn't even read the article, did you? (your answer is in there).

 

[demurringdude]

The question is not whether you will get any points if you fail to appear in court, the question is whether the court will notify the DMV of your failure to appear and request that the DMV place a hold on (as in "suspend") your license.

There is no failure to appear. This person has never promised to appear. Chatting on the phone with a clerk is not a promise to appear.

 

[I_Got_Banned]

There is no failure to appear. This person has never promised to appear. Chatting on the phone with a clerk is not a promise to appear.

Is that all you've got???

OP received a legally issued, court filed document that bares instructions on its back that state: "You have been issued a citation that charges you with a traffic infraction. You MUST respond by following one of the procedures outlines below by the date on the front:
1. a. Pay the bail...
b. request traffic school...
to contest the citation
2. a. request a court trial....
b. request a TBD....."

Fine... So far, he's not required to "appear"...

He subsequently contacted the court, and requested a different appearance date, whether it was with the clerk, online or over the automated phone system, it is still a court appearance that is required as per a legally issued, court filed document ordering him to act according to the instructions, and he acknowledged receipt and requested a court appearance!

Now, and before you even know which county this is, and what procedures they follow, you can sit here and play the same mindless game that L.A. County plays with the "we never said it was mandatory" and "its always been voluntary"... But you stand to lose nothing!

Even if you were preview to which county/court this is, are you saying that after he scheduled a court date, that he can simply call and say "you know what, about that appearance date, I kinda sorta changed my mind... I'm not coming... Bye!"???

But that's fine, assuming I'm way off, and instead of simply coming in here with your short spurts to critique, why don't you advise the OP as to his best course of action at this point in time! I'm sure he would love to hear an alternative!

 

[tranquility]

The best response to a Los Angeles city photo red light ticket with your face fully showing is to ignore it. Don't you people read the news?

La Red Light Cameras | Red-light cameras: Who knew L.A.'s red-light camera fines were 'voluntary'? - Los Angeles Times

 

[I_Got_Banned]

The best response to a Los Angeles city photo red light ticket with your face fully showing is to ignore it. Don't you people read the news?

I'm assuming OP is NOT in Los Angeles city OR county.... But if he is, he has already acknowledged the citation, i.e. started the process by scheduling a court date!

 

[tranquility]

I was going by the title. Besides, what changes because of the court date? Unless there is a promise to appear, same issue.

 

[I_Got_Banned]

I was going by the title. Besides, what changes because of the court date? Unless there is a promise to appear, same issue.

VC 40509.5 states that "... the magistrate or clerk of the court may give notice of the failure to appear to the department (i.e. the DMV) for any violation of this code..." who will in turn suspend the D/L of the registered owner who's name appears on the citation.

The part that changes is that the L.A. County court system opts out of that provision, whereas other county courts do in fact send notice to the DMV and the DMV will be more than happy to suspend (they get a $55 reinstatement fee when the matter is resolved).



V C Section 40509 Notice to Department Failure to Appear Pay Fine or Obey Court Order
Notice to Department: Failure to Appear, Pay Fine, or Obey Court Order

CVC 40509.

(a) Except as required under subdivision (c) of Section 40509.5, if any person has violated a written promise to appear or a lawfully granted continuance of his or her promise to appear in court or before the person authorized to receive a deposit of bail, or violated an order to appear in court, including, but not limited to, a written notice to appear issued in accordance with Section 40518, the magistrate or clerk of the court may give notice of the failure to appear to the department for any violation of this code, or any violation that can be heard by a juvenile traffic hearing referee pursuant to Section 256 of the Welfare and Institutions Code, or any violation of any other statute relating to the safe operation of a vehicle, except violations not required to be reported pursuant to paragraphs (1), (2), (3), (6), and (7) of subdivision (b) of Section 1803. If thereafter the case in which the promise was given is adjudicated or the person who has violated the court order appears in court or otherwise satisfies the order of the court, the magistrate or clerk of the court hearing the case shall sign and file with the department a certificate to that effect.

(b) If any person has willfully failed to pay a lawfully imposed fine within the time authorized by the court or to pay a fine pursuant to subdivision (a) of Section 42003, the magistrate or clerk of the court may give notice of the fact to the department for any violation, except violations not required to be reported pursuant to paragraphs (1), (2), (3), (6), and (7) of subdivision (b) of Section 1803. If thereafter the fine is fully paid, the magistrate or clerk of the court shall issue and file with the department a certificate showing that the fine has been paid.

(c)

(1) Notwithstanding subdivisions (a) and (b), the court may notify the department of the total amount of bail, fines, assessments, and fees authorized or required by this code, including Section 40508.5, which are unpaid by any person.

(2) Once a court has established the amount of bail, fines, assessments, and fees, and notified the department, the court shall not further enhance or modify that amount.

(3) This subdivision applies only to violations of this code that do not require a mandatory court appearance, are not contested by the defendant, and do not require proof of correction certified by the court.​

(d) With respect to a violation of this code, this section is applicable to any court which has not elected to be subject to the notice requirements of subdivision (b) of Section 40509.5.

(e) Any violation subject to Section 40001, which is the responsibility of the owner of the vehicle, shall not be reported under this section.
​

Amended Sec. 76, Ch. 877, Stats. 1998. Effective January 1, 1999.
​

Also, as you can see in subsection (a), it is not just for FTA's subsequent to a "written promise to appear" (i.e., the defendant's signature on the citation). It clearly includes "violating an order to appear in court, including, but not limited to, a written notice to appear issued in accordance with Section 40518" (and VC 40518 *IS* the authority under which these automated citations are issued).

 

[demurringdude]

I'm assuming OP is NOT in Los Angeles city OR county....

Seems like an odd assumption, given that his post is titled "Los Angeles Redlight Camera ticket help."

 

[I_Got_Banned]

Seems like an odd assumption, given that his post is titled "Los Angeles Redlight Camera ticket help."

Got a spurt regarding the second statement in that same post:

But if he is, he has already acknowledged the citation, i.e. started the process by scheduling a court date!

Maybe I should change that to "after chatting on the phone with a clerk".... What should he do next?

Are you drawing a blank on that one?

 

[demurringdude]

The court was quoted in the LA Times as saying that the DMV would only be notified in cases where the person had appeared in court, had been ordered to pay a fine, and had not paid.

The OP should simply do nothing.

 

[demurringdude]

I'm assuming OP is NOT in Los Angeles city OR county.... But if he is, he has already acknowledged the citation, i.e. started the process by scheduling a court date!

"Acknowledging the citation" is a phrase that means nothing in California law.

Ditto for "starting the process".

The only way for a defendant to join the case is to enter a plea or demur.

 

[I_Got_Banned]

The court was quoted in the LA Times as saying that the DMV would only be notified in cases where the person had appeared in court, had been ordered to pay a fine, and had not paid.

If you're referring to the LA Times article that Tranquility posted, there were no statements made by the court... Any statement that is remotely similar to what you mentioned was made by Councilman Paul Koretz... If you only knew the reason why he was opposed to the L A City Red Light Camera program!!!

The OP should simply do nothing.

Damn... It was like pulling a freaking wisdom tooth... Though I'm guessing by your answers that you have none!

There you go 9X7, the answer you were hoping for... Keep us updated, will ya!

 

[demurringdude]

If you're referring to the LA Times article that Tranquility posted, there were no statements made by the court... Any statement that is remotely similar to what you mentioned was made by Councilman Paul Koretz.

You are incorrect. I was indeed referring to that article. It contains this quote...


"The policy applies to tickets received throughout Los Angeles County, said Greg Blair, the court's senior administrator for traffic operations.

There is a key exception: a recipient of a camera ticket who goes to court and is ordered to pay a fine will be pursued for non-payment like any other moving violation offender. In those cases, drivers could face stiff penalties and suspended licenses, among other things, Blair said."

 

[demurringdude]

Damn... It was like pulling a freaking wisdom tooth... Though I'm guessing by your answers that you have none!
!

I gave the correct answer.