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#1
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Ticket not in systemWhat is the name of your state (only U.S. law)? California I've got an interesting situation, that maybe someoe has some experience with. My redlight ticket is 'not in the system'. This apparently means it has not been submitted to the court. I had tried to pay bail, make a plea and ask for Trial by Declaration but the court clerk said I could not do anything because my ticket isn't in the system. They gave me proof of appearance and told me to check the LA Superior Court website at least once every week for a year. It's now been 53 days since the ticket was issued but I can't take any action. Do you think that asking the court to dismiss the ticket because I have been denied the right to a speedy trial is a good approach? Or do I wait until the ticket shows up in the system? maybe its lost? The clerk didn't provide many answers. Thanks! |
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#2
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| They have a year to find the ticket. The person you spoke to at the court was correct. As long as you have proof of appearance, you're fine. Check periodically and if the ticket never shows up, then you're good. If you were already mailed a copy of the photo ticket, then chances are there was some defect in the citation they sent back to the issuing officer for amending. As for the dismissal of the ticket, nope. Not gonna happen.
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#3
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| As far as the court system is concerned, the ticket does not exist; and one Cannot dismiss that which does not exist...
__________________ "Anyone who trades liberty for security deserves neither liberty nor security” ~ Benjamin Franklin |
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#4
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| Are you sure it is a real ticket. Some location in CA use snitch tickets for automatic red light enforcement. If they can not identify the person with 100% certainty they send what is known as snitch ticket in hopes you will just pay or identify who was the driver. These tickets never show up in the court systems since they are not valid tickets in the first place. Read about them here [url=http://www.highwayrobbery.net/]Home - Fighting Red Light Camera Tickets[/url]
__________________ I am not a lawyer nor am I in law enforcement, I will not make any value judgment on why you're asking a questions. I will try to provide information so you can make an informed decisions so take it for what is worth and do your own research. Remember it is easy to tell someone they will lose verse providing knowledge. Lastly, I have no vested interest in your outcome win, lose or draw and the same goes for anyone else. |
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#5
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| Not legal advice. A ticket not on the system could be lost in processing. A person must enter data into a system for it to show up. Your safest bet in cases like this. Get proof of appearance. If the ticket does get found and entered into the system and a bench warrant or suspended license also gets out on the system. If your busted by the Police for either you have a good cause why either the license or suspension is not valid in front of a "judge". Either a warrant or license suspension is for failing to appear at court as directed. Proof of appearance should save you getting charged with more serious crimes. |
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#6
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| Quote:
Last edited by poncho; 01-06-2009 at 03:21 PM. |
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