• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Visitor to LA - Notice to Appear

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

delsol25

Junior Member
What is the name of your state? California

I'm Canadian living in Quebec
During my visit last week, the rental car compagny give me a powerfull G35.
Turning to go at my hotel, the back of this car slip and the cop pull me

I receive a Notice to Appear in LA.
Two infraction written on the Notice :
23109 c Abrupt Accel causing tires to skid Misdemeanor
16078 a No Ins. in poss Infraction

What kind of sentence i should expect for the tire to skid ?
I'm not use to drive rear traction car. This car was easy to loose traction.

For the No Inssurance in possesion, Rental car compagny never give ins. paper, Can i just bring inssurance information when i will appear in court ?

I need some advice...
Thank
 


JIMinCA

Member
the insurance card can be shown in court and it will cost you $10. Easy.

The exhibition of Speed is tough. It is simply your word agianst the cop's. The statute is extremely vague and offers much latitude to the cop for interpretation. This is what it says:

23109(c) A person shall not engage in a motor vehicle exhibition of
speed on a highway, and a person shall not aid or abet in a motor
vehicle exhibition of speed on any highway.


If you are faced with your word against his, you should know what his word will be. See my post (post #3) at https://forum.freeadvice.com/showthread.php?t=386647. You really don't want to take lightly a misdemeanor charge.

I saw that you said you were turning into your hotel. However, the statute states that the offense must occur on a highway. For this and other reasons, you really need to get a copy of all the notes the officer took. This will be vital to your defense.
 

delsol25

Junior Member
Thank for your reply. How can i get the notes taken from the officer ? What is the proper channel ?

What about if i collect all proper paperwork to show a perfect driving license status in Canada and proove of this car was rent less then 24 hours before, Picture of the exact location, Flight ticket charge to appear in court in LA (about 1 000$)....Etc (Please tell me if i forget something)

Try to present all paper to the judge and ask to reduce the charge.

What do you think about this approach ?
 
Last edited:

JIMinCA

Member
Thank for your reply. How can i get the notes taken from the officer ? What is the proper channel ?

What about if i collect all proper paperwork to show a perfect driving license status in Canada and proove of this car was rent less then 24 hours before, Picture of the exact location, Flight ticket charge to appear in court in LA (about 1 000$)....Etc (Please tell me if i forget something)

Try to present all paper to the judge and ask to reduce the charge.

What do you think about this approach ?
I think all of what you offered is absolutely worthless. None of that has any bearing on the case at all.

If you would read my previous post, I included a link to a similar post that discusses the discovery process.
 

SMBI

Junior Member
I saw that you said you were turning into your hotel. However, the statute states that the offense must occur on a highway. For this and other reasons, you really need to get a copy of all the notes the officer took. This will be vital to your defense.

According to Calif. Vehicle Code ... a highway (without getting into the technical definiton) is pretty much any publicly maintained road in the state. Fore example the residential road in front of my house (25mph posted) is considered, in eyes of the law, a highway.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top