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  1. #1
    ekimer is offline Junior Member
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    Question what are my chances of getting my ticket dismissed

    What is the name of your state (only U.S. law)? California
    I was supposeely given a speeding ticket on May 4, 2008. I was allarmed about this sitation when I got something in the mail. The ticket had all my informaton on it and my vehicle information. It said that I was suppodely cited for speeding and only that. I have proof that I didnt have a license at that time so dont you think I would have been cited for that also? I was getting my license back in July of 08 but till this day was not able to because this ticket has not been paid for. Do you think the judge will discharge this because it clearly shows that I had didn't have a valid driver license when that thicket was issued.
  2. #2
    I_Got_Banned is offline Senior Member
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    Quote Originally Posted by ekimer View Post
    What is the name of your state (only U.S. law)? California
    I was supposeely given a speeding ticket on May 4, 2008. I was allarmed about this sitation when I got something in the mail. The ticket had all my informaton on it and my vehicle information. It said that I was suppodely cited for speeding and only that. I have proof that I didnt have a license at that time so dont you think I would have been cited for that also? I was getting my license back in July of 08 but till this day was not able to because this ticket has not been paid for. Do you think the judge will discharge this because it clearly shows that I had didn't have a valid driver license when that thicket was issued.
    That thing that you got in the mail that alarmed you, what did it say as far as you I.D.?
    It obviously referred to you by name (first and last) but in place of where it is supposed to show your driver's license #?
    Is this a regular citation or a Red Light Camera ticket?
    Who is the issuing agency? (CHP, Local PD, ... etc.)
    Is it on some sort of letterhead and if so, what entity/agency/court/Jurisdiction mailed it to you?
    Lastly, how long have you had your car for?

    Initial guesses:
    The fact that your ability to obtain license is on hold with the DMV would tend to suggest that the citation is legit and that you failed to appear in court on the date you promised to do so by signing the citation (CVC 40508). Whether you got it and don't remember or whether someone else was driving your car and assumed your identity, I am not sure.

    As far as the Judge is concerned, my guess is that it would seem legit to him as well. Your excuse that you "didn't have a license on May 4th" does not really mean that you did not drive... and so it might not cut it with the Judge. And therefore to assume that just telling the judge "In fact, i would venture to guess that you continue to drive without a license (Heck no, I didn't buy a car so I can parked it and have it collect dust)... Right?

    Lastly, have you gone into court to ask what is required so that you can at least have the ability to get the process started. It might work in your favor if you have a license or at least make a showing that you are in the process if and when you go in to court regarding this case.

    If you have a Failure To Appear on a citation, the court notifies the DMV of that fact, the DMV will then place a hold on you license or if you don't have one, on the ability to get one. Now, not every court subscribes to this method but if you go in to the Traffic Clerk's office, tell them you'd like to schedule the citation for an appearance in court... Once the appreance is scheduled then some courts will send notice to the DMV and the hold is removed. Again, it depends on the court... But it doesn't hurt to ask/try...

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