unpaid traffic tickets

[summerskyy81]

What is the name of your state? California
i have unpaid tickets in the amount of $3100, i am on a payment plan for one of them. i have a mandatory appearance due to these tickets. Can i be put in jail even though i am now able to make the payments to satisfy my debt?

[OP85063]

Originally Posted by summerskyy81

What is the name of your state? California
i have unpaid tickets in the amount of $3100, i am on a payment plan for one of them. i have a mandatory appearance due to these tickets. Can i be put in jail even though i am now able to make the payments to satisfy my debt?

You can't be put to jail for parking tickets. You lic. might be suspended or restricted. I would show them your financial situation as to why you can't pay the debt.

[CdwJava]

These are not parking tickets if he has to go to court.

if you cannot take care of the tickets, you may well find yourself placed in jail for failing to comply with the court order or failing to comply with terms of probation (payment plan, etc.).

The goal of the state is not to send you to jail for this, but you need to make every effort to resolve these citations.

- Carl

[OP85063]

Originally Posted by CdwJava

These are not parking tickets if he has to go to court.

if you cannot take care of the tickets, you may well find yourself placed in jail for failing to comply with the court order or failing to comply with terms of probation (payment plan, etc.).

The goal of the state is not to send you to jail for this, but you need to make every effort to resolve these citations.

- Carl

Sorry, I missed read it.

He's right, you need to comply with the court order.

[seniorjudge]

Originally Posted by CdwJava

These are not parking tickets if he has to go to court.

if you cannot take care of the tickets, you may well find yourself placed in jail for failing to comply with the court order or failing to comply with terms of probation (payment plan, etc.).

The goal of the state is not to send you to jail for this, but you need to make every effort to resolve these citations.

- Carl

I agree and add that the court must find that you are able to pay the tickets but have failed to do so.

If the court finds that, then it could be the clink.

[occharge]

Originally Posted by CdwJava

The goal of the state is not to send you to jail for this

- Carl

No pun intended towards you Carl...

In fact, as usually is the case, you are correct...

The state doesnt want to lock the OP up, they want his/her money...

- That's why an FTA (Failure To Appear) is now known as an FTP (Failure To Pay)...

- That's why they used to issue warrants for not paying a traffic ticket, but what good are you to them if they lock you up? Now they'll just suspend your license until you pay.

- That's why for every $10 of base fine in the Bail schedule you gotta add an additional $24 is penalties and assessments. (That's a 240% increase/"markup"... so a $25 base fine suddenly becomes $97... a $50 fine becomes $170).

- That's why if the judge orders you to pay a fine and you request an extension, the court will give you 60 days but they'll add $35 on top of the fine. (So that $97 fine becomes $132(that's an APR of 216%)... That $170 becomes $205 (an APR of 123%)).

- That's why if you fail to appear on a ticket and regardless of the reason, they will add another fine of $500. (So that $25 base fine which became $97 which later became $132, can now get up to $632... That $50 base fine which became $170, which later became $205 can now get up to $705.

- That's why if you make a promise to pay, and you are a day late, they will send your case to a collection agency which will in turn, add an additional $300 (thereby possibly turning a $25 base fine into a debt of $932.... or a $50 base fine into a debt of $1005.

- After that (or at any time during that process) you have 2 options:
Option 1: Pay the fine!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Option 2: Schedule a court appearance to see the judge... (dont get too excited about this one because chances are that the soonest you'd be able to see the judge is 3 to 4 months from now.

Example: A "friend" of mine went in to a court in Los Angeles County yesterday 05/22/2008... first available date: 08/14/2008.

Do you wanna know what the Judge is gonna tell in 3 to 4 months?
These fines were set and approved by the legistlature. There's nothing I can do about changing them.

That is, as they say, doing it by "the letter of the law".

[occharge]

... But to answer your question, and others may have eluded... You cannot be put in jail for owing money for traffic tickets (as long as thay are all "infractions" and NOT "misdemeanors")...

However, if you owe money, chances are your license in suspended;
If your license is suspended and you get caught driving, then you are charged wth a misdemeanor which may carry some jail time...

But even in this case, jail time is rare assuming you can get your license reinstated (typically the Judge will give you 60 to 90 days to do that).

Keep in mind that if your license is suspended for FTPs (Failure To Pay) then you must pay off any previously owed amount before your license is reissued... Do that plus pay whatever fines the Judge imposed on you for the driving while suspended charge...

So again, they dont wanna put you in jail... They just want your $$$$$$$$$$$$$$$$$$$

[CdwJava]

Originally Posted by occharge

So again, they dont wanna put you in jail... They just want your $$$$$$$$$$$$$$$$$$$

In other words, they want you to fulfill the criminal penalties for the offense committed.

If a person is sentenced to community service or weekends for a misdemeanor, the state expects the person to fulfill that obligation or face additional penalties. Since the penalty for an infraction is a fine only, it only makes sense that they will seek to enforce that penalty.

- Carl

[occharge]

Originally Posted by CdwJava

In other words, they want you to fulfill the criminal penalties for the offense committed.

And so they should!

Originally Posted by CdwJava

If a person is sentenced to community service or weekends for a misdemeanor, the state expects the person to fulfill that obligation or face additional penalties. Since the penalty for an infraction is a fine only, it only makes sense that they will seek to enforce that penalty.

- Carl

Not gonna argue that one either... I am with you 100%.

My point is, if the state govenment can regulate banks & financial institutions as to what/how much they can charge for late fees & penalties only to have a $25 fine turn into a $1005 obligation (a 4000% increase) Is more criminal than any infraction, misdemeanor or even felony that either I or the OP can commit....

That's loansharking at its finest... But... "It is approved by the legistlature and judicial council" so that makes it OK!

Sorry if my point wasn't clear enough in my other post!

[kurius]

can u see a judge after the ticket was sent to collection and request cummunity service in LA county, or iwill the court lower the fee

[occharge]

Originally Posted by kurius

can u see a judge after the ticket was sent to collection

Absolutely... Yes!
You will have to go to the Collection Agency's window at the court house to schedule your court appearance. You mentioned L A County... So just go to court and ask/look for the G C Services window.

Originally Posted by kurius

and request cummunity service in LA county

Community service depends on the Court and it depends on the Judge and sometimes depends on the violation.

Originally Posted by kurius

will the court lower the fee

It depends on the Court and it depends on the Judge. The Judge however, does not have any discretion in lowering the fine for the Failure to Appear/ Failure To Pay.

[CourtClerk]

Originally Posted by occharge

- That's why an FTA (Failure To Appear) is now known as an FTP (Failure To Pay)...

For the record and to keep this thread completely accurate, your answers are incorrect. A FTA and a FTP are 2 completely different things and are used for 2 completely different reasons.

FTA's are issued when you are issued a ticket and never appear and never pay. They are reported to the DMV as an FTA. There is a completely different field for FTP's and this is why:

FTP's are issued (for adults) when the case has been adjudicated, there was a fine issued as a result of a conviction and the defendant has not paid it.
ETA: This statement holds true if you are an adult. All juvenile traffic tickets are listed as FTP's if they fail to appear.

An FTA can be cleared with DMV by scheduling an appearance with the court and having a temporary abstract issued. And FTP can only be cleared by paying the fine.

- That's why they used to issue warrants for not paying a traffic ticket, but what good are you to them if they lock you up? Now they'll just suspend your license until you pay.

They still issue warrants for not paying a ticket if the ticket was issued for a misdemeanor violation.

- That's why for every $10 of base fine in the Bail schedule you gotta add an additional $24 is penalties and assessments. (That's a 240% increase/"markup"... so a $25 base fine suddenly becomes $97... a $50 fine becomes $170).

PA's are calculated and assessed for a completely different reason. It was raised twice in 2007.

- That's why if the judge orders you to pay a fine and you request an extension, the court will give you 60 days but they'll add $35 on top of the fine. (So that $97 fine becomes $132(that's an APR of 216%)... That $170 becomes $205 (an APR of 123%)).

Have no idea where you get your information for or if it is county specific, however, if you go to arraignment in my county and ask for an extension, you are granted 90 days if the fine is under $1000 and 180 days if over $1000.

- That's why if you fail to appear on a ticket and regardless of the reason, they will add another fine of $500. (So that $25 base fine which became $97 which later became $132, can now get up to $632... That $50 base fine which became $170, which later became $205 can now get up to $705.

The civil assessment is currently not at $500, it is $300 last I checked. It becomes larger because the failure to appear carries a $75 base fine + PA's.

- That's why if you make a promise to pay, and you are a day late, they will send your case to a collection agency which will in turn, add an additional $300 (thereby possibly turning a $25 base fine into a debt of $932.... or a $50 base fine into a debt of $1005.

A day late does not warrant a trip to the collection agency. Courts have grace periods.

- After that (or at any time during that process) you have 2 options:
Option 1: Pay the fine!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Yes

Option 2: Schedule a court appearance to see the judge... (dont get too excited about this one because chances are that the soonest you'd be able to see the judge is 3 to 4 months from now.

Depending on the court, the charge, the circumstance, this is quite true.

Example: A "friend" of mine went in to a court in Los Angeles County yesterday 05/22/2008... first available date: 08/14/2008.

And I worked in the largest traffic court in LA county for a number of years. Your friend was lucky. Had he been in my old court, it would be quite possible that right now, he'd be looking at a December date, however, under certain circumstances, they can get you into court in less than a month.

[CourtClerk]

Originally Posted by occharge

It depends on the Court and it depends on the Judge. The Judge however, does not have any discretion in lowering the fine for the Failure to Appear/ Failure To Pay.

That again, is not true. Judges do in fact have the discretion in lowering fines and they do so quite frequently when there is a good reason to do it. The problem is that most people don't have a good reason. I can't afford it or I think it's too much is not a good reason. I clerked in traffic for a number of years, I saw fines lowered DAILY.

[occharge]

Holly smokes!!!!!

I got shreaded!

I'd like to reply... Can I please get an extension?

[occharge]

Part 1 of 2

Originally Posted by CourtClerk

For the record and to keep this thread completely accurate, your answers are incorrect. A FTA and a FTP are 2 completely different things and are used for 2 completely different reasons. FTA's are issued when you are issued a ticket and never appear and never pay. ..

Actually, since we are looking for "complete accuracy" ... a "never appear and never pay" would mean that one would "never" get their driver's license back. And since "never" is a long, long time I would assume that a more accurate term should be "hasn't" or "didn't appear/pay on the date stated on the citation or any date of any subsequent extension"... ?

Originally Posted by CourtClerk

They are reported to the DMV as an FTA. There is a completely different field for FTP's and this is why: FTP's are issued (for adults) when the case has been adjudicated, there was a fine issued as a result of a conviction and the defendant has not paid it. ETA: This statement holds true if you are an adult. All juvenile traffic tickets are listed as FTP's if they fail to appear. An FTA can be cleared with DMV by scheduling an appearance with the court and having a temporary abstract issued. And FTP can only be cleared by paying the fine..

I stand corrected (or shredded)... And again, since we are looking for accuracy and completeness of information the let me add?the following to what CourtClerk was kind enough to add here (and I'm sure you'll correct me if I am wrong):
An FTA is a 40508.a and an FTP is a 40508.b... There is also a 40508.c and that is "Failure to comply with a court order".
Additionally, one might find that a CVC section 40509.5 has also been added to the original violation(s) for that case. A 40509.5 means that the court has notified the DMV of the FTA or FTP and "a hold" was placed on the driver's license. It is that hold that the DMV uses as reason to initiate and issue a Notice and Order of Suspension of the defendant's drivers license.

Originally Posted by CourtClerk

They still issue warrants for not paying a ticket if the ticket was issued for a misdemeanor violation.

I was discussing this thread which involved "speeding citations".
But even if I wasn't strickly speaking about speeding, a failure to appear is considered a "misdemeanor", isn't it?
So I fail to appear for my arraignment, I get charged with a misdemeanor... But where is the warrant that is issued for misdemeanors? It was never issued further solidifying my point that... "They don't wanna lock you up, they just want your money".
And once again, I am not arguing "crime & punishment". I'm only stating that exorbitant fines are not "fair & just".

Originally Posted by CourtClerk

PA's are calculated and assessed for a completely different reason. It was raised twice in 2007.

Honestly, when I'm standing in court before the judge, I really could care less what the legislature found as justifiable reason to add so much to the fine amounts or how many times they were raised... As far as I am concerned, I am writing one check that is made out to LASC.
In fact, the main point behind my posting any of the information I had posted and even with as inaccurate as it may have been, my point was to suggest that?in the interest of enforcing the law, in the course of the administering justice, and with as exorbitant as traffic violation fines have become, that I personally (not suggesting anyone else should agree) feel that the system is more concerned about "revenue" than it is about the administration of justice. Unless justice can be evaluated with dollars & cents. And it already has been. So may be I should just shut up!
That was the part of my previous post that you didn't even touch so I'm not sure if you disagree, if you found it to be too taboo of a topic to even acknowledge or whether you sort of in an odd strange way agree with me and yet you know better than to smack the hand that feeds you.
At any rate and with this being a "legal advice" forum as opposed to a "political forum" I highly doubt my voice is being heard.

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