Failure to appear.

[TripleBlack]

I didn't realize that my court date had passed and my ticket got sent to collections in LA county. Is it still possible to go in front of a judge?

It was for no proof of insurance, registration, and talking on a cell phone. I actually did have insurance and my vehicle was/is registered but as I looked for it, the cop said nevermind yet once he left I noticed that he DID write it on the ticket. If I didn't show him the proof it was only because he had said nevermind!

Can I still take this proof with me to court and try to see a judge some how? Or am I now forced to deal with the collection agency?

Anyone with good info in helping me solve this is welcome to post, although I'd prefer a LEO to suggest any options that I may still have.


Thanks svtp. :beer:

 

[RDJ]

The talking on the cell phone you are probably stuck with. I don't know how it works in Kali but I had the same thing happen to me in Texas it was over 9 months old (moved and the paperwork didn't catch up to me) I took the ticket, the proof of insurance and registration into the clerks office told them I messed up but here is the proof and they did their magic and I didn't have to mess with going to court.

my advice is to call the court, explain what happened and see what they say. if you are lucky you can get two of the three dropped without having to go back. Problem with the no insurance ticket is that if you don't clear that up you might be in more expensive trouble.

 

[oldmodman]

I don't understand why your insurance status should be in question. It shows up on the police cars computer screen along with your other info. Don't know if the same is true with a motorcycle cop.

Last time I was stopped the officer knew not only that I had valid insurance, but when it expired. He pulled me over because I had an expired tag on my plate, but the new one was in my glove compartment. He even knew that I had valid registration before he asked me about the expired sticker. Computers, no fooling them:lol1:

 

[CPRsm]

Yep, it's all linked now. Why you have to show proof now when they already know is beyond me.
I forgot to pay mine about a year ago or so. They tacked on over 300 bucks and sent me a bill. I paid it, no collections. But you should be able to pay the courts without paying collections. If you pay them, you are stuck paying their fee as well.

 

[RDJ]

I don't understand why your insurance status should be in question. It shows up on the police cars computer screen along with your other info. Don't know if the same is true with a motorcycle cop

Yep, it's all linked now. Why you have to show proof now when they already know is beyond me. .

Most states the reqirement is not only that you HAVE insurance but that you have the card in the vehicle you are driving. so even tho they know you have it, you still can get the ticket for not being able to show proof of insurance.

I forgot to pay mine about a year ago or so. They tacked on over 300 bucks and sent me a bill. I paid it, no collections. But you should be able to pay the courts without paying collections. If you pay them, you are stuck paying their fee as well.

and yet another reason to avoid living in the peoples republik of Kalifornia. Make sure if you pay the courts to get and keep a receipt. you will have to provide proof of payment to the collections agency.

 

[mswaim]

How old is this citation?

CVC section 16028(a) & (b) states you must present proof upon demand. If you cannot, or are taking too long and the officer's services are needed elsewhere - they are to mark it as no proof provided and put the burden on you to prove it when you appear on the other items.

If it has been turned over to a collection agency, most likely you will be forced to deal with them.

It is not uncommon for courts in any state to tack on penalties for failure to appear/pay, and is is equally common for the collections company to tack on their fees.

Your biggest fear right now should be the fact the court notified DMV of your failure to pay/appear. They will eventually, and when they do your license will be suspended.


RDJ - I assume your cheap shot is driven by your position that accessing a $300 fee for allowing a traffic fine to go delinquent is unique to California?

I'm assuming the Texas courts never access additional fines, fees, "court costs", etc.?? Is that what you are saying?

 

[RDJ]

RDJ - I assume your cheap shot is driven by your position that accessing a $300 fee for allowing a traffic fine to go delinquent is unique to California?

unique to California? nope not at all. wouldn't exactly call it a cheap shot either, seeing as how I lived in Kalifornia for awhile. I actually like the state, hate the (to me at least) over zealous laws

I'm assuming the Texas courts never access additional fines, fees, "court costs", etc.?? Is that what you are saying?

indeed they do. but not 300 bucks for failing to show proof of insurance. As I said mine was over 9 months delequent and I didn't have to pay any fees at all, including court fees. To be honest I was expecting a rather hefty bill seeing as how it was so late. but she looked me up in the system, looked at my proof of insurance both from the time of the ticket and my current one said "alrighty then, have a good day" and that was that. I actually found out about it because I tried to renew my drivers license over the internet and it was flagged (not suspended just an outstanding ticket) so I had to go in and take care of it in person when I was home on vacation.

 

[mswaim]

Was yours placed for collection?

 

[Outlaw99]

collection if you dont show up for court? you got to be kidding me. you got it easy.

a warrant is issued here. OFA we call it, order for arrest, some counties call it a bench warrant.

 

[CPRsm]

Most states the reqirement is not only that you HAVE insurance but that you have the card in the vehicle you are driving.

I know, which made perfect sense before they could tell you had insurance before they pulled you over. Asking for the card when they know you are insured is a bit redundant. Seems one law would negate the other.

but not 300 bucks for failing to show proof of insurance.

Nope, just the ticket was 180. Not showing to court was over 300 itself. Must have been a lot of paperwork to file when I didn't show. :bash: All for no proof of registration. Something else known before pulled over.

 

[mswaim]

collection if you dont show up for court? you got to be kidding me. you got it easy.

a warrant is issued here. OFA we call it, order for arrest, some counties call it a bench warrant.

The collection action is used on low-tier, infractions and correctable issues. The court can still issue a bench warrant, but they will go after the money and suspend your license.

 

[mswaim]

I know, which made perfect sense before they could tell you had insurance before they pulled you over. Asking for the card when they know you are insured is a bit redundant. Seems one law would negate the other.



Nope, just the ticket was 180. Not showing to court was over 300 itself. Must have been a lot of paperwork to file when I didn't show. :bash: All for no proof of registration. Something else known before pulled over.

The officer can conduct the entire detention without ever verifying your insurance or registration's validity. Unless he runs it, he will not know for sure and he is not obligated to do so. The law says you must carry acceptable proof, if for whatever reason you cannot produce it, they will cite you.

I rarely ran plates, regs or insurance if the driver had their documents and there was no reason to doubt them.

In CA (and many other states) you cannot stop a vehicle based solely on the fact their insurance is expired, or non-existent.

 

[RDJ]

Was yours placed for collection?

to be honest I don't remember, but I don't think it was. but 300 bucks does seem a bit out of line with what it really takes to send it to collections. in reality if you read it, His 300 bucks had NOTHING to do with collections, it was just an added fee for missing his court date (I had to go back and read it). that to me is akin to the credit card companies tacking on a 35 dollar late fee when the payment that is late is only 10 bucks.

 

[RDJ]

I know, which made perfect sense before they could tell you had insurance before they pulled you over. Asking for the card when they know you are insured is a bit redundant. Seems one law would negate the other. .

actually the requirement to have it in your vehicle is probably more to do with having it in case of accident rather than to prove to the police you have it. In Texas they don't ask for your license and registration, they ask for license and proof of insurance.

 

[00streetfighter]

The officer can conduct the entire detention without ever verifying your insurance or registration's validity. Unless he runs it, he will not know for sure and he is not obligated to do so. The law says you must carry acceptable proof, if for whatever reason you cannot produce it, they will cite you.

I rarely ran plates, regs or insurance if the driver had their documents and there was no reason to doubt them.

In CA (and many other states) you cannot stop a vehicle based solely on the fact their insurance is expired, or non-existent.

You nailed it with all your posts. +1

I should add, in CA if your cited for VC 16028(a) and can't provide proof to the court that you have insurance, its roughly a $1600.00 fine in my county.. Not to mention how much it goes up if you cited for VC 16028(c)-not having proof of insurance at the scene of a collision..

And when I run a vehicle plate on my car computer, it only says whether there is possible insurance info on file.. it gives me ZERO details on who, where, or status of the insurance..

 

[CPRsm]

actually the requirement to have it in your vehicle is probably more to do with having it in case of accident rather than to prove to the police you have it. In Texas they don't ask for your license and registration, they ask for license and proof of insurance.

That makes sense. Didn't think about that part

In CA (and many other states) you cannot stop a vehicle based solely on the fact their insurance is expired, or non-existent.

Really ? That kinda sux. Seems like you could be doing someone else a favor by being able to. I've been hit by the uninsured 3 times in the last 4 years. You should see my poor truck lol.

 

[TripleBlack]

Thanks for all your comments fellas. I went on Friday and apparently it was a lot easier than I thought it was going to be.

I talked to GC services and they setup a new court date for me and they took me out of collections. Now I just have to go to the DMV to pay a fee so that the hold on my license is removed.

The only thing that sucks is that my court date is now August 4th 2012! I'm going to go out and buy a 2012 calendar and mark it on there already so I don't forget again hahaha...



Thanks again SVTP. :beer:

 

[FordSVTFan]

Thanks for all your comments fellas. I went on Friday and apparently it was a lot easier than I thought it was going to be.

I talked to GC services and they setup a new court date for me and they took me out of collections. Now I just have to go to the DMV to pay a fee so that the hold on my license is removed.

The only thing that sucks is that my court date is now August 4th 2012! I'm going to go out and buy a 2012 calendar and mark it on there already so I don't forget again hahaha...



Thanks again SVTP. :beer:

Holy crap you have a traffic court date over a year from now. That is some backlog.

 

[mswaim]

Thanks for all your comments fellas. I went on Friday and apparently it was a lot easier than I thought it was going to be.

I talked to GC services and they setup a new court date for me and they took me out of collections. Now I just have to go to the DMV to pay a fee so that the hold on my license is removed.

The only thing that sucks is that my court date is now August 4th 2012! I'm going to go out and buy a 2012 calendar and mark it on there already so I don't forget again hahaha...



Thanks again SVTP. :beer:

How much did GC charge you to settle the collection process?

Did they tell you what DMV will charge to remove the hold?

Did they provide you with paperwork clearly showing your court date as 2012?

A court date one year out seems quite odd, even if there is a significant backlog.

 

[TripleBlack]

Holy crap you have a traffic court date over a year from now. That is some backlog.

That was my reaction as the clerk handed me my 'court reminder'. Haha...

How much did GC charge you to settle the collection process?

Did they tell you what DMV will charge to remove the hold?

Did they provide you with paperwork clearly showing your court date as 2012?

A court date one year out seems quite odd, even if there is a significant backlog.

1. GC didn't charge me anything but the clerk I was told to go see after talking to the GC clerk charged me $10 for a print out to take to the DMV to clear the hold on my license.

2. From what I've heard from other people the DMV will probably charge me anywhere from $35-$45 dollars to clear the hold. I'll know for sure tomorrow when I go get that taken care of. I worked a double shift today so I couldn't go.


3. Yea, the GC clerk gave me a paper showing my citation number along w/ my court date and time.


And yeah I would have thought it was a mistake, but the GC clerk put emphasis on 2012 (lol) when she read me my court date.