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  #1  
Old 08-13-2011, 10:54 AM
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Question Is CA 405095 VC considered a misdemeanor?

I was cited for CA 22348C VC back in NOV2008 by CHP. The officer was cruising in the emergency left shoulder "lane" when he stopped and instructed me to pull over. Specifically, I was stuck (literally) in traffic on the farthest left, non-carpool lane where the 76 merges to the 10W, so the CHP officer cited me for operating a motor vehicle with a trailer (full of ATVs) in the "fast lane".

I misplaced my yellow citation copy and called Indio Superior Court to obtain some information in order to pay an expected bail amount. Multiple court employees informed me that my citation was "not on record" and consequently advised me to "wait for a courtesy notice". I never received a courtesy notice. Instead, I was sent a CA DMV packet via USPS on APR2009 indicating that my CA drivers license would be suspended (CA 405095 VC) until the original bail amount and additional fines were paid.

I eventually paid the bail amount and fines 2 months later in separate transactions and lifted the suspension.

I am in the process of applying to multiple governmental agencies/departments and all applications ask if I have been convicted of a misdemeanor as an adult. My question is: is CA 405095 VC considered an adult misdemeanor?


Please do not quote the above text as I am planning to erase/edit it in the near future.
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  #2  
Old 08-13-2011, 10:59 AM
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traffic violations are not misdemeanors
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Old 08-13-2011, 11:02 AM
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Quote:
Originally Posted by repomanNWP View Post
traffic violations are not misdemeanors
Depending on where you are at, some of them are.
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Old 08-13-2011, 11:08 AM
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So, if my permanent residence at the time was in Los Angeles County, was it a misdemeanor?
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Old 08-13-2011, 11:33 AM
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I don't believe it is a Misd. since you eventually paid the fines. However, being you asked for others not to quote the section as you want to hide this query is not a good thing. You should be honest and forthcoming about your citation in 2008.

You should disclose this with an explanation in the "Have you ever been convicted of a Misdemeanor" section of your application since your License was suspended for a short time.

If it is as you explained, there is no issues, however trying to hide this or being untruthful is.
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Old 08-13-2011, 12:52 PM
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Disregard what repoman said. There are numerous of traffic violations that a misdemeanors and felonies.
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Old 08-13-2011, 12:52 PM
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I have been disclosing all of the above information on my applications. I am only skeptical about posting this information on a public message board.

Thanks for your all of your responses. Your replies have confirmed my sentiments: 405095 VC is or is not a misdemeanor, but it is best to divulge the information to inquiring agencies/departments anyways (which I have been executing).
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Old 08-13-2011, 5:53 PM
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If they suspended your licence, you may have a 40508(a) violation on your record after you paid the fine. It is a misdemeanor failure to appear. If you have a reasonable explanation, you should be ok, but definitely disclose everything. Failure to disclose is grounds for disqualification.

And anything you are towing, you are restricted to the right two lanes, with very few exceptions.

If you get a copy of your DMV record, feel free to pm me with any questions you may have in translation. Ron
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  #9  
Old 08-14-2011, 1:27 AM
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If you have a good explanation of why you had a 40508 FTA, it shouldn't be a problem. It's just like anything else such as a bankruptcy.

Did you try to take care of business but wasn't able to? Or did you just say screw it, whatever. That is very important in how the situation is looked at.
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Old 08-14-2011, 1:27 AM
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If you have a good explanation of why you had a 40508 FTA, it shouldn't be a problem. It's just like anything else such as a bankruptcy.

Did you try to take care of business but wasn't able to? Or did you just say screw it, whatever. That is very important in how the situation is looked at.
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Old 08-14-2011, 1:27 AM
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If you have a good explanation of why you had a 40508 FTA, it shouldn't be a problem. It's just like anything else such as a bankruptcy.

Did you try to take care of business but wasn't able to? Or did you just say screw it, whatever. That is very important in how the situation is looked at.
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Old 08-14-2011, 3:42 AM
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There has been some inaccurate information posted above. A good number of traffic violations are misdemeanors.

The Vehicle Code contains a 'List of Violations" that clearly summarizes each violation as as "Civil", "Felony", "Misdemeanor" or "Infraction."

Section 40509.5 is not a section that can violated and therefore does not appear in the list of violations. It's a section that defines court procedure only.

As Ron-Solo pointed out, the penalty for failing to appear after giving your promise to appear is contained in section 40508. Violation of that section is a misdemeanor.

Conviction requires that you either admitted guilt, or were found guilty at a trial. I would encourage you to closely read any document that you signed for the court to see if you admitted the violation.
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Old 08-14-2011, 11:34 AM
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Quote:
Originally Posted by RickD427 View Post
There has been some inaccurate information posted above. A good number of traffic violations are misdemeanors.

The Vehicle Code contains a 'List of Violations" that clearly summarizes each violation as as "Civil", "Felony", "Misdemeanor" or "Infraction."

Section 40509.5 is not a section that can violated and therefore does not appear in the list of violations. It's a section that defines court procedure only.

As Ron-Solo pointed out, the penalty for failing to appear after giving your promise to appear is contained in section 40508. Violation of that section is a misdemeanor.

Conviction requires that you either admitted guilt, or were found guilty at a trial. I would encourage you to closely read any document that you signed for the court to see if you admitted the violation.
Here is brief excerpt from my DMV-generated driving record:

Quote:
DEPARTMENTAL ACTIONS:
DRV LIC SUSPENDED*EFF:05-10-09*ORDER MAILED:04-10-09*
AUTH:xxxxx *
REASON:FAIL TO APPEAR NOTICE*SERVICE:A/04-10-09*
ACTION ENDED 07-08-09*
CONVICTIONS:
VIOL/DT CONV/DT SEC/VIOL DKT/NO DISP COURT VEH/LIC
11-30-08 07-08-09 22348C VC xxxxxx 33450 xxxxxxx
405095 VC
Like I have previously stated, I was sent a CA DMV packet. The packet instructed me to mail my drivers license for hold (suspension), which I did not do. However, I cannot remember signing anything in regard to the suspension.

Would payment be an admission of guilt?

The "convictions:" section indicates that I was convicted of something, right?
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Old 08-14-2011, 12:21 PM
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Payment was the posting of bail, which was forfeited, and considered your fine and conviction.

The 22348C is the primary violation.
The 33450 is the court of jurisdiction code. (looks like a Riverside County Court)
The 40509.5 is The courts notice to DMV that the court is ordering your license suspended for Failure To Appear.

It does not look like there is a 40508(a) VC violation for FTA, probably because you took care of it before it got to that level.

Be prepared to answer why, and you should be good to go. They may ask why you failed to return your license, which is actually a different violation.


Unlawful Use of License

14610.**(a) It is unlawful for any person:

(1) To display or cause or permit to be displayed or have in his possession any canceled, revoked, suspended, fictitious, fraudulently altered, or fraudulently obtained driver's license.

(2) To lend his driver's license to any other person or knowingly permit the use thereof by another .
(3) To display or represent any driver's license not issued to him as being his license.
(4) To fail or refuse to surrender to the department upon its lawful demand any which has been suspended, revoked or canceled.
(5) To permit any unlawful use of a driver's license issued to him.
(6) To do any act forbidden or fail to perform any act required by this division.
(7) To photograph, photostat, duplicate, or in any way reproduce any driver's license or facsimile thereof in such a manner that it could be mistaken for a
valid license, or to display or have in his possession any such photograph,
photostat, duplicate, reproduction, or facsimile unless authorized by the
provisions of this code.
(8) To alter any driver's license in any manner not authorized by this code.

(b) For purposes of this section, "driver's license" includes a temporary permit
to operate a motor vehicle.
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Last edited by Ron-Solo; 08-14-2011 at 12:25 PM..
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Old 08-14-2011, 2:43 PM
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DUI with injury, even if it's just yourself running your car into a tree and hurting yourself, is a felony.
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Old 08-14-2011, 3:29 PM
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Quote:
Originally Posted by Notorious View Post
DUI with injury, even if it's just yourself running your car into a tree and hurting yourself, is a felony.
I think you need to injury someone else for it to be a felony. I dont think injuring yourself in a dui (solo) crash will bring felony dui

ETA: 23153 VC 23153. (a) It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

Last edited by Jwood562; 08-14-2011 at 3:32 PM..
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Old 08-14-2011, 3:33 PM
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I didn't think so either until my DA buddy charged it once and I asked him about it. Whether or not it sticks, I couldn't tell ya, but he says they do it.
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Old 08-14-2011, 3:38 PM
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How could you even fill out the PC dec when it doesnt meet the criteria of the VC? our booking sgt would slap us on the back of the head LOL
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Old 08-14-2011, 3:41 PM
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You are correct, I think he was messing with me and I fell for it. Damn him.

I didn't even think to look into it when he told me... Oh well, back to remedial traffic enforcement school for me.

ETA. It wasn't my case, this was a while back when I was chatting with him in court. I never done a PC dec for 23153. Thank God for traffic units who have to take all that junk. Then again... I am angling for a motors spot so I will have to do that I'd I get it.
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Last edited by Notorious; 08-14-2011 at 3:43 PM..
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