Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > SPECIALTY FORUMS > Calguns LEOs
Register FAQ Members List Calendar Mark Forums Read

Calguns LEOs LEOs; chat, kibitz and relax. Non-LEOs; have a questions for a cop? Ask it here, in a CIVIL manner.

Reply
 
Thread Tools Display Modes
  #1  
Old 07-03-2012, 5:14 PM
Lancear15's Avatar
Lancear15 Lancear15 is offline
Veteran Member
 
Join Date: Oct 2008
Location: CA
Posts: 2,634
iTrader: 20 / 100%
Default Wife has warrant for fix it ticket?!?!?!

I could really use some advice right now. My wife who has never gotten a ticket in her life got a fix it ticket in our 2011 toyota sienna for no from license plate on 4-2-12.

She got it written off on 4-23-12.

She says the officer told her all she had to do was get it signed off. I have never gotten a fix it ticket so I didn't know that she had to send the signed ticket in(until now). We never got any notice what-so-ever from the court on what fee to pay, where to send it ETC. Until today when we get a warrant notice for her arrest, asking for a check to be sent for $660.

This disgusts me to no end. We are literally ideal citizens.

Can someone in the know please advise on the best (hopefully cheapest) way to take care of this situation ASAP.

Thanks!
__________________

Check out my Tactical Machining 80% build


Absolute power corrupts absolutely, even on Calguns.
NRA Life Member
USPSA Member
IDPA Member
Reply With Quote
  #2  
Old 07-03-2012, 5:26 PM
IrishJoe3's Avatar
IrishJoe3 IrishJoe3 is offline
Veteran Member
 
Join Date: Feb 2009
Posts: 3,085
iTrader: 30 / 100%
Default

On the front of the "notice to appear" is a court date, address, and phone number to the court. Did your wife appear on or before that date to the court as she promised when she signed the document? I'm going to guess no, hence the scary letters from the court.

Getting the citation signed off is only half the battle, if that proof of correction wasn't provided to the court, then the the court has no idea if the violation was fixed.

She needs to take her copy of the citation WITH the dated proof of correction in to the court, show the date it was fixed and explain the oversight. Or call the courthouse immediatly and explain the same.

I'd be surprised if they do anything other than dismiss the violation with a processing fee, but I don't work in the courthouse so your milage may vary.
Reply With Quote
  #3  
Old 07-03-2012, 5:30 PM
Jason.t.bautista Jason.t.bautista is offline
Junior Member
 
Join Date: Feb 2012
Posts: 94
iTrader: 8 / 100%
Default

Well i myself am not a LEO but had my experience with a warrant. From what you have stated it looks like your wife has a "warrant to the bench", meaning that she will need to speak in front of a judge. When i received mine a couple years ago i had my local sheriffs come to my house and look for me. I was at work so they did not have the chance to "bring me in". Officer left his card with my father and basically told my dad that i need to either call or go to the court house or he will be on his way back. Called set up a court date.
Come my court date, all the judge asked why i wasn't going to class (got arrested for DUI) and told the judge that i couldn't go because my license was suspended. He than told me to wise up and stop making excuses, he mentioned there are other means of transportation. Long story short, have your wife do everything she can to get a hold of your local courthouse and to show initiative that she wants to take care if it, cause if you lag on it or brush it off she may have local authorities knocking on your door.
Reply With Quote
  #4  
Old 07-03-2012, 5:46 PM
Spanky8601's Avatar
Spanky8601 Spanky8601 is offline
Senior Member
 
Join Date: Apr 2010
Location: Northwest of LA
Posts: 1,563
iTrader: 15 / 100%
Default

1st get the violation corrected and signed off.

Then she goes to the court and asks the clerk to be put on the docket so she can speak with the judge. Explain to the judge what happened.

Have enough cash to pay everything.

Most likely the judge will be reasonable and reduce the fine a little.

Good luck.

I am not in the legal profession, so this is not legal advice.
__________________
May I always be the type of person my dog thinks I am
Reply With Quote
  #5  
Old 07-03-2012, 6:46 PM
Lancear15's Avatar
Lancear15 Lancear15 is offline
Veteran Member
 
Join Date: Oct 2008
Location: CA
Posts: 2,634
iTrader: 20 / 100%
Default

Thanks for the replies guys. I was hoping for a non-appearance solution. Looks like she will have to appear in Sacramento, 75 miles away...

Got to love our "justice" system.
__________________

Check out my Tactical Machining 80% build


Absolute power corrupts absolutely, even on Calguns.
NRA Life Member
USPSA Member
IDPA Member
Reply With Quote
  #6  
Old 07-03-2012, 6:57 PM
Sacmedic Sacmedic is offline
Member
 
Join Date: Jul 2009
Location: No. California
Posts: 198
iTrader: 1 / 100%
Default

While I understand it is inconvenient, she did have a vehicle code violation. She acknowledged when signing the ticket that she would either appear or pay a fine/fix the deficiency. Since she did not send in the correction proof she didn't fulfill her end of the bargain. There is no "injustice" in having to go to Sacramento to clean this up.
Reply With Quote
  #7  
Old 07-03-2012, 7:00 PM
BigStiCK's Avatar
BigStiCK BigStiCK is offline
Senior Member
 
Join Date: Aug 2010
Location: ReTard Capital of the World
Posts: 2,474
iTrader: 54 / 100%
Default

There will be instructions on the back side of your copy of the ticket which should explain the process. Its always a good idea to completely read (several times) all documents issued to you by the Officer/ Court.

If there's ever ANY question in your mind, best to just call or see the court clerk in person.

I've stood in front of a judge many times while the defendant complained that I did not adequately explain the citation correction process. On EVERY one of those occasions the judge merely directed that individual to READ the back side of their copy.

Sorry, but you picked the hard way to learn that lesson.

-Stick
__________________
Reply With Quote
  #8  
Old 07-03-2012, 7:18 PM
9mmepiphany's Avatar
9mmepiphany 9mmepiphany is offline
Calguns Addict
 
Join Date: Jul 2008
Location: River City
Posts: 7,498
iTrader: 1 / 100%
Default

Don't want to pile on, but you really can't blame someone else for you not having read the ticket and being aware of the:
1. promise to appear
2. court date
3. procedure to follow to have the correction filed.

The non-appearance solution is to send in the check for the full amount of the fine
__________________
...because the journey is the worthier part...The Shepherd's Tale
Reply With Quote
  #9  
Old 07-03-2012, 7:27 PM
Lancear15's Avatar
Lancear15 Lancear15 is offline
Veteran Member
 
Join Date: Oct 2008
Location: CA
Posts: 2,634
iTrader: 20 / 100%
Default

If it had been my ticket and not the wife's it would have been taken care of because I would have followed up on it. All I knew was she told me it was taken care of...

Anyways I don't see how anyone could find it reasonable that the first notice we get in the mail is a "warrant" demanding a $660 bail.
__________________

Check out my Tactical Machining 80% build


Absolute power corrupts absolutely, even on Calguns.
NRA Life Member
USPSA Member
IDPA Member
Reply With Quote
  #10  
Old 07-03-2012, 7:32 PM
IrishJoe3's Avatar
IrishJoe3 IrishJoe3 is offline
Veteran Member
 
Join Date: Feb 2009
Posts: 3,085
iTrader: 30 / 100%
Default

Quote:
Originally Posted by Lancear15 View Post
If it had been my ticket and not the wife's it would have been taken care of because I would have followed up on it. All I knew was she told me it was taken care of...

Anyways I don't see how anyone could find it reasonable that the first notice we get in the mail is a "warrant" demanding a $660 bail.

Your, (or your wifes...) first notice was the notice to appear with the violation section, court info, phone and address, and option to correct the violation with the instructions on the back.

A courtesy notice is just that, a courtesy. Its on the violator to make sure the cite gets resolved one way or another. All the info and instructions a violator needs in on the citation. I don't know what else to say.

In your case it sucks such a simple fix it ticket turned into something so much bigger....but, they don't go away if they get ignored.
Reply With Quote
  #11  
Old 07-03-2012, 7:40 PM
rt66paul's Avatar
rt66paul rt66paul is offline
Member
 
Join Date: Jul 2010
Location: SoCal
Posts: 257
iTrader: 0 / 0%
Default

I would suggest that you do this at the courthouse and keep any and all paperwork and receipts to do with the court. I was arrested 3 times on the same warrant. I mailed everything in and everything was in a file, but the warrant was never taken down. I finally had to get a court order to take it down.
__________________
I love California, but I am afraid of its government.

Those who choose safety over freedom are neither safe or free!
"The more corrupt the state, the more numerous the laws." (Tacitus, Roman historian 55-117 A.D.)
“It is not the function of the government to keep the citizen from falling into error; it is the function of the citizen to keep the government from falling into error.” —- U.S. Supreme Court Justice Robert H. Jackson

Last edited by rt66paul; 07-27-2012 at 6:58 AM..
Reply With Quote
  #12  
Old 07-03-2012, 7:53 PM
Baconator's Avatar
Baconator Baconator is offline
Bacon makes it better
CGN Contributor - Lifetime
 
Join Date: Jan 2009
Location: Riverside County
Posts: 9,385
iTrader: 58 / 100%
Default

Just make sure she grows out her side burns before she gets to jail. Helps her establish the dominant role on her cell block.

Sent from my Galaxy Nexus using Tapatalk 2
Reply With Quote
  #13  
Old 07-03-2012, 8:14 PM
9mmepiphany's Avatar
9mmepiphany 9mmepiphany is offline
Calguns Addict
 
Join Date: Jul 2008
Location: River City
Posts: 7,498
iTrader: 1 / 100%
Default

At least you won't have to go to the downtown courthouse. Traffic is handled at the Carol Miller court house, off Hwy 50/Power Inn
__________________
...because the journey is the worthier part...The Shepherd's Tale
Reply With Quote
  #14  
Old 07-04-2012, 9:34 AM
Notorious's Avatar
Notorious Notorious is offline
Veteran Member
 
Join Date: Sep 2008
Posts: 4,501
iTrader: 10 / 100%
Default

Yep, sure can happen. It happened to me when I was a teenager and I didn't know I had to go to court to show proof of correction after I got it fixed and signed off. So my license got suspended and I had a warrant. Had to go to court with mom to get it straightened out. Judge was cool about it and just dismissed the whole thing after I explained it and showed that my car was fixed.
__________________
Guns! More guns! I need more guns!
Reply With Quote
  #15  
Old 07-04-2012, 9:40 AM
orangeusa's Avatar
orangeusa orangeusa is offline
Not a Mod
CGN Contributor
 
Join Date: Jul 2009
Posts: 7,560
iTrader: 75 / 100%
Default

Yup, my wife too. Go to night court. She had a tag that we had paid for, but didn't put on the car.

She didn't pay a penny. Worst case - she pays night court fees - $160? Not fun, but when everybody in front of you has :
1. No license.
2. No insurance...

The judge is pleased to see somebody who HAS a license and INSURANCE.

It works. Don't put it off.

EDIT: I remembered that I did the SAME thing many, many years ago. I had some kind of ticket and blew it off... Judge had fines removed, but I had to pay the night court fees. But that was better than the insane amount they wanted. Judge asked me why I didn't pay my ticket, and I said that I had just forgotten about it. Tell the truth, don't lie and the judge will be fair.

.

Last edited by orangeusa; 07-04-2012 at 9:45 AM..
Reply With Quote
  #16  
Old 07-04-2012, 10:34 AM
ean909's Avatar
ean909 ean909 is offline
Junior Member
 
Join Date: Nov 2011
Location: so cal ie
Posts: 53
iTrader: 0 / 0%
Default

Greetings. I thought I would chime in and assist with some advice. I'm not law enforcement but I am a criminal justice major hoping to obtain a career in law enforcement.

From my experience this is what you need to do. First fix the licence plate. You yourself might want to do this because your wife has a warrent and they might ask for Id. Then go find an officer either on the street or at the station. They look at the car and then sign the citation.

Then your wife needs to go to the courthouse as early as possible in the morning. she will need to go to the clerks window and tell them she needs to make a request to see the judge. they will ask for what and you give them the citation. They will probably give you a sheet of paper and a time to see the judge. Go there and definatly don't be late.

Your wife will be called to confront the judge. This is where the utmost respect should be shown. Have her clearly state what happened and she will hand the bailiff her citation with the correcting officers signature on the back. The judge will see it and make a decision from there.

Chances are he might just dismiss the excessive fine and change the warrent status but you will still have to pay a processing/admin fee. Shouldn't be too much but it varies.

That's how I have delt with my citation. So its up to you how you want to handle it but an appearance will almost definatly be mandatory.

Hope this helps. Good luck.

Disclaimer: this is not legal advice and I am not LE and this should not be construed as such.
Reply With Quote
  #17  
Old 07-04-2012, 12:34 PM
BoulderTroll BoulderTroll is offline
Junior Member
 
Join Date: Jul 2012
Location: Monterey County
Posts: 49
iTrader: 1 / 100%
Default

Quote:
Originally Posted by Lancear15 View Post
Anyways I don't see how anyone could find it reasonable that the first notice we get in the mail is a "warrant" demanding a $660 bail.
Nobody would find that reasonable. But that isn't what happened. A ticket itself is the notice to appear and was the "first notice". As we say every time someone gets handed a ticket, "your signature on this citation is not an admission of guilt. It is simply a promise to appear on or before the above date and time."

I am empathetic to your wife's situation. A scary notice in the mail and a huge fine is never fun to recieve. You've recieved good advice on here and hopefully it will work out well for you guys. But please don't blame the justice system or others when it was your wife's own negligence that led to this situation. Too few people in the world accept personal responsibility anymore. It gets old to people who hear excuses and misplaced blame day in and day out. For better or worse, that is why you're getting some of the negative feedback that you are.

To echo what others have said, judges and officers are of similar minds on this topic. They also find personal accountability refreshing. If your wife shows up to court and says something along the lines of, "I'm sorry your Honor, I had every intention of rectifying this offence, and even had an officer sign off the ticket. It was my mistake for not turning it in on time, please accept my apology."...it MAY go a long way toward a substancial fine reduction. Just my .02 cents for what it's worth.

Last edited by BoulderTroll; 07-04-2012 at 12:41 PM..
Reply With Quote
  #18  
Old 07-04-2012, 12:54 PM
knucklehead's Avatar
knucklehead knucklehead is offline
Member
 
Join Date: Jan 2010
Posts: 465
iTrader: 8 / 100%
Default

If its 75 miles away. I would call the clerks office and set your date to appear infront of the judge over the phone. I wouldn't want to make 2 trips. I know that at least around my area I've been to 4 different court houses and none will give a same day appearance. It's usually a week or so away.

My chick was in the same situation as your wife 2x. Her finds said $1,800 and $1,150 on her no show tickets. She went and got her date to see the judge and she ended up just paying the regular tickets and a late fee which was about 50 bucks each ticket. I'm not saying this is how yours will go down. This was how ours were delt with.
Reply With Quote
  #19  
Old 07-04-2012, 1:13 PM
TRICKSTER's Avatar
TRICKSTER TRICKSTER is offline
I need a LIFE!!
 
Join Date: Mar 2008
Location: Contra Costa County
Posts: 11,230
iTrader: 15 / 100%
Default

First for those hinting that she will be jailed on the warrant, not going to happen unless she has more that the OP didn't tell us about.

It appears that you have three choices.

1: Ignore the ticket. The fees will go up and your wifes license will be suspended for the Failure To Appear, if it has hasn't already. (You may want to check that).

2: Pay the fine and be done with it.

3: Have your wife go to court and plea her case.
__________________


Ignorance can be educated.
Crazy can be medicated.
But there is no cure for stupid.


Police Brutality? https://www.youtube.com/watch?v=nRd5oucG114

NRA Benefactor Member

Last edited by Kestryll; 07-10-2012 at 10:04 PM..
Reply With Quote
  #20  
Old 07-04-2012, 1:21 PM
Jeepers's Avatar
Jeepers Jeepers is offline
Veteran Member
 
Join Date: Sep 2009
Location: beautiful trinity county
Posts: 3,309
iTrader: 19 / 100%
Default

read the ticket she signed, all the ones i have ever had told me how to take care of it ...

but the easy way has past i only see two choices now ,pay the fine or drive to court plead your case and most likely still pay the fine ....

good luck OP
__________________
Quote:
Originally Posted by Ronald Reagan View Post
Before I refuse to take your questions, I have an opening statement.
Reply With Quote
  #21  
Old 07-04-2012, 1:29 PM
POLICESTATE's Avatar
POLICESTATE POLICESTATE is offline
I need a LIFE!!
 
Join Date: Apr 2009
Location: Sunnyvale, PRK
Posts: 17,913
iTrader: 25 / 100%
Default

$660? Sounds like a "California is broke fixit ticket"
__________________
If you want a picture of the future, imagine a boot stamping on a human face — forever.


Government Official Lies
. F r e e d o m . D i e s .
Reply With Quote
  #22  
Old 07-04-2012, 1:39 PM
IrishJoe3's Avatar
IrishJoe3 IrishJoe3 is offline
Veteran Member
 
Join Date: Feb 2009
Posts: 3,085
iTrader: 30 / 100%
Default

Quote:
Originally Posted by POLICESTATE View Post
$660? Sounds like a "California is broke fixit ticket"
Funny how it there was no fine and no point (thus no revenue) on that citation if it was taken care of.

Sounds more of a "I guess I'd better take care of it next time" cite to me.

Reply With Quote
  #23  
Old 07-04-2012, 1:39 PM
TRICKSTER's Avatar
TRICKSTER TRICKSTER is offline
I need a LIFE!!
 
Join Date: Mar 2008
Location: Contra Costa County
Posts: 11,230
iTrader: 15 / 100%
Default

Quote:
Originally Posted by POLICESTATE View Post
$660? Sounds like a "California is broke fixit ticket"
It's not the fixit ticket that is expensive, it is the Faliure To Appear charge that has been tacked on when she didn't take care of it.
__________________


Ignorance can be educated.
Crazy can be medicated.
But there is no cure for stupid.


Police Brutality? https://www.youtube.com/watch?v=nRd5oucG114

NRA Benefactor Member
Reply With Quote
  #24  
Old 07-04-2012, 1:46 PM
Vita Brevis's Avatar
Vita Brevis Vita Brevis is offline
Member
 
Join Date: Jun 2012
Location: Mather
Posts: 134
iTrader: 6 / 100%
Default

Quote:
Originally Posted by ean909 View Post
Greetings. I thought I would chime in and assist with some advice. I'm not law enforcement but I am a criminal justice major hoping to obtain a career in law enforcement.

From my experience this is what you need to do. First fix the licence plate. You yourself might want to do this because your wife has a warrent and they might ask for Id. Then go find an officer either on the street or at the station. They look at the car and then sign the citation.

Then your wife needs to go to the courthouse as early as possible in the morning. she will need to go to the clerks window and tell them she needs to make a request to see the judge. they will ask for what and you give them the citation. They will probably give you a sheet of paper and a time to see the judge. Go there and definatly don't be late.

Your wife will be called to confront the judge. This is where the utmost respect should be shown. Have her clearly state what happened and she will hand the bailiff her citation with the correcting officers signature on the back. The judge will see it and make a decision from there.

Chances are he might just dismiss the excessive fine and change the warrent status but you will still have to pay a processing/admin fee. Shouldn't be too much but it varies.

That's how I have delt with my citation. So its up to you how you want to handle it but an appearance will almost definatly be mandatory.

Hope this helps. Good luck.

Disclaimer: this is not legal advice and I am not LE and this should not be construed as such.
Yup, this is pretty much how it will go down, from my experience. I had the same thing happen to me last year. I got a fix-it ticket for expired tags as I was driving a car which had been sitting at my parents' for six months back home to Sac. I took care of it promptly, got it signed off at the DMV, then stuck it in a drawer and immediately forgot about it. I got the same letter your wife did. I believe mine said that a new court date has to be arranged in person with the clerk (I saw another poster suggest calling- you may want to try this first since you live so far away, though I wouldn't hold my breath). In court, I explained to the judge that I was just a forgetful idiot and that I had, in fact, taken care of the ticket. She dismissed the FTA charge and I ended up paying a $150 fine (fee?). It wasn't the ideal outcome, but it was sure a helluva lot better than paying $660 bail or sitting in jail for a few days. I know you're likely pissed off and sweating bullets right now, but relax. If she takes care of it, it will be a relatively minor inconvenience rather than a HUGE pain in the *** and mark on her record.
Reply With Quote
  #25  
Old 07-10-2012, 11:19 AM
IlDuche IlDuche is offline
Member
 
Join Date: May 2011
Posts: 233
iTrader: 1 / 100%
Default

Your wife NEEDS to go by DMV and see if her license was suspended to failing to appear. This needs to be done immediately. Cuz if she gets pulled over again, and her license pops up "Suspended, FTA, service needed," she will get a misdemeanor citation for 14601.1(a) CVC, and your car will get towed with a hold for 30 days. Then she will have a legitimate criminal record. If a CHP or Sheriff gets her, she may even get booked into jail for several hours.

right near the box she signs on the cite says "This is a promise to appear." Sorry to be a dick, but that was your first notice. I doubt any cop would hook her up on a $600 traffic warrant, unless she had a major attitude, but you should get it fixed. Seriously, this isn't a big deal, not gonna have anyone knocking on your door to come pick her up.

On a side note, you may think this is BS, chickensh$$, whatever. But I have gotten illegal guns and dope off seriously bad people from a "fix it" ticket or a traffic warrant. Now I'm sure you aren't of that sort, otherwise you'd know exactly how to handle any court appearance thrown at you!
Reply With Quote
  #26  
Old 07-10-2012, 9:13 PM
Gryff's Avatar
Gryff Gryff is offline
CGSSA Coordinator
 
Join Date: May 2006
Location: Castro Valley, CA
Posts: 10,869
iTrader: 56 / 98%
Default

I got a fix-it citation in Pleasanton a while back. Showed up at the Pleasanton Municipal Court on the posted traffic court date and was turned away because they had already met their limit on the number of people being seen that day.

Showed up the next week an hour and a half before the start time. Still didn't get in because of the number people in line.

After this, my time to take care of the ticket had passed, and I assumed that they issued a bench warrant for me (they did, I later found out).

So I showed up a couple of weeks later, but this time three hours early. Was one of the last people let into the court that day. In the end, I explained the situation to the Judge and he dismissed the bench warrant, threw out any citation fine, and had me pay the fix-it ticket fee ($15?).

You made an honest mistake. Dress decently and go to court to explain it to the Judge. Most likely it will get dismissed if you are polite and humble.

Just be aware of what I encountered. Many courts have had cutbacks, so they have a complete bull**** policy of only accepting a specific number of cases on traffic court days. It may mean that you have to arrive 2-3 hours early to get a place in line.
__________________
My friends and family disavow all knowledge of my existence, let alone my opinions.
Reply With Quote
  #27  
Old 07-12-2012, 9:13 AM
leumas12 leumas12 is offline
Junior Member
 
Join Date: Feb 2012
Posts: 27
iTrader: 0 / 0%
Default

I dont get how just getting a ticket signed was supposed to fix anything? If thats all you had to do how would they ever know you fixed it or got it signed? Sorry to hear about the frustration it's causing but i'd be mad at the wife not the justice system...
Reply With Quote
  #28  
Old 07-12-2012, 3:25 PM
Invisible_Dave Invisible_Dave is offline
Member
 
Join Date: Dec 2008
Posts: 269
iTrader: 0 / 0%
Default

The signature says a LEO looked at it and the violation is corrected.
__________________
The Internet; where men are men, women are men, and kids are FBI agents.
Reply With Quote
  #29  
Old 07-12-2012, 6:04 PM
Notorious's Avatar
Notorious Notorious is offline
Veteran Member
 
Join Date: Sep 2008
Posts: 4,501
iTrader: 10 / 100%
Default

I did the same thing once... when I was 16. I fixed the problem but never knew I had to go to court. Just take care of it, it'll be fine, just explain yourself.
__________________
Guns! More guns! I need more guns!
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 4:49 PM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2016, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2016, Calguns.net an Incorporated Company All Rights Reserved.