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County SO Issued Fix it ticket ??

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  • BigJim_610
    Member
    • Apr 2009
    • 261

    County SO Issued Fix it ticket ??

    My son got a ticket to repair the muffler on his car. (Fart can) The deputy wrote the ticket so that the young man is forbidden to operate the car until it is repaired.

    My son leaves for boot camp in 2 weeks and does not have the money to repair the car.

    He plans to repair the car when he returns from boot camp.

    I was told by someone in my office that fix it tickets need to be repaired in under 30 days or a warrant is issued.

    Is this true?

    Thanks,

    BigJim
  • #2
    Unit74
    Senior Member
    • Apr 2009
    • 2359

    Yep... If he leaves w/o fixing, a warrant will be issued.

    If the Dep. put the car out off service, the car needs to go to the State referee to be inspected. I use a "no sign off" sticker on the back of the cite. But those are reserved for cars in which I pop the hood and see other emissions mods. Search the CA BAR cite for the closest inspection station.

    For ref: http://www.chp.ca.gov/community/streetlegal.html

    Comment

    • #3
      BigJim_610
      Member
      • Apr 2009
      • 261

      Thanks,

      Seems petty to me but whatever.

      The kis is otherwise a smart kid but this muffler crap is starting to annoy me.

      Originally posted by Unit74
      Yep... If he leaves w/o fixing, a warrant will be issued.

      If the Dep. put the car out off service, the car needs to go to the State referee to be inspected. I use a "no sign off" sticker on the back of the cite. But those are reserved for cars in which I pop the hood and see other emissions mods. Search the CA BAR cite for the closest inspection station.

      For ref: http://www.chp.ca.gov/community/streetlegal.html

      Comment

      • #4
        BigJim_610
        Member
        • Apr 2009
        • 261

        More Issues..

        The kid will be in boot camp in 3 weeks. The ticket says he has to appear in court on 3-10-10.

        Suggestions?
        I have him repairing the car on my dime today, so that will be taken care of.
        How should he deal with the mandatory apperarance?

        I am suggesting a letter from the recruiter stating he is in the USN, signed off from CARB and send the whole mess via certified letter to the court.

        Did I miss anything?

        Kids!!!!!!!!!

        Originally posted by Unit74
        Yep... If he leaves w/o fixing, a warrant will be issued.

        If the Dep. put the car out off service, the car needs to go to the State referee to be inspected. I use a "no sign off" sticker on the back of the cite. But those are reserved for cars in which I pop the hood and see other emissions mods. Search the CA BAR cite for the closest inspection station.

        For ref: http://www.chp.ca.gov/community/streetlegal.html

        Comment

        • #5
          Unit74
          Senior Member
          • Apr 2009
          • 2359

          I don't think he can actually ship to boot camp with an open ticket either. The Navy won't allow it.

          Call the court and ask them what to do. That is your best bet.

          Comment

          • #6
            BigJim_610
            Member
            • Apr 2009
            • 261

            Agree

            Told the kid to get his recruiter involved after he fixes the car.
            Thanks,
            BigJim

            Originally posted by Unit74
            I don't think he can actually ship to boot camp with an open ticket either. The Navy won't allow it.

            Call the court and ask them what to do. That is your best bet.

            Comment

            • #7
              GartenZwerge
              Member
              • Jan 2008
              • 203

              fix it. get it signed off. mail it in or take it to the court clerk

              Comment

              • #8
                Sailormilan2
                Veteran Member
                • Nov 2006
                • 3467

                The law in Ca allows one to appear by mail, if one lives more than 100 miles from the court house. Have him write a letter to the judge when he gets to boot camp, and explain that he is more than 100 miles away and ask that the case be continued untill he gets back.
                If the judge is unwilling to do that, have him throw himself upon the mercy of the court.
                Also, just because his appearance date is somewhere in the future, does not mean he has to wait that long. He can always appear early, have them pull his case and go in and see the judge and do what I said before. Ask for a continuance(which the judge can grant with a time waiver), or plead guilty/no contest and throw himself on the mercy of the court.

                Comment

                • #9
                  Unit74
                  Senior Member
                  • Apr 2009
                  • 2359

                  Originally posted by Sailormilan2
                  The law in Ca allows one to appear by mail, if one lives more than 100 miles from the court house. Have him write a letter to the judge when he gets to boot camp, and explain that he is more than 100 miles away and ask that the case be continued untill he gets back.
                  If the judge is unwilling to do that, have him throw himself upon the mercy of the court.
                  Also, just because his appearance date is somewhere in the future, does not mean he has to wait that long. He can always appear early, have them pull his case and go in and see the judge and do what I said before. Ask for a continuance(which the judge can grant with a time waiver), or plead guilty/no contest and throw himself on the mercy of the court.
                  He got the cite as a local resident. He needs to handle it before he goes. I don't see the court trying to to do anything for him if he picked up shop and left w/o taking care of it first.

                  And back to my other post.... The Navy will not allow him to ship with an open ticket. So he's stuck.

                  Comment

                  • #10
                    BT JUSTICE
                    Senior Member
                    • Jul 2009
                    • 1185

                    Was he cited for the modified emissions control section or modified exhaust or defective exhaust section? If it was either of the latter two, he should be able to pay the fine and be done without even fixing the problem. The modified emissions device cite makes things a bit more difficult. We could better help if we had the exact VC section he was cited for...

                    Comment

                    • #11
                      Requiem
                      Senior Member
                      • Dec 2008
                      • 1725

                      Originally posted by BigJim_610
                      Told the kid to get his recruiter involved after he fixes the car.
                      Thanks,
                      BigJim
                      ask his recruiter for help in this matter. My recruiter helped me out BIG TIME with car issues while I was in boot camp and couldn't do a thing about it.
                      .

                      Comment

                      • #12
                        Ron-Solo
                        In Memoriam
                        • Jan 2009
                        • 8581

                        If he gets it corrected and a proof of correction is provided, usually the rest can be handled by mail and an actual appearance is not required. If he tries to just pay the fine without correction, it can be extremely expensive.
                        LASD Retired
                        1978-2011

                        NRA Life Member
                        CRPA Life Member
                        NRA Rifle Instructor
                        NRA Shotgun Instructor
                        NRA Range Safety Officer
                        DOJ Certified Instructor

                        Comment

                        • #13
                          Sailormilan2
                          Veteran Member
                          • Nov 2006
                          • 3467

                          Originally posted by Unit74
                          He got the cite as a local resident. He needs to handle it before he goes. I don't see the court trying to to do anything for him if he picked up shop and left w/o taking care of it first.

                          And back to my other post.... The Navy will not allow him to ship with an open ticket. So he's stuck.
                          Agreed, so, again. Go to court early. That can be done, and should be done. Once in front of the judge, many things can happen. The judge can continue, dismiss, allow the defendant to plead guilty and then fine or suspend the fine.
                          Continuance is probably not a good idea, since technically that means there is still an open case.
                          There is nothing the recruitor can really do for him, short of going to court with him. And that is "with" him, not "for" him or in place of him.
                          I know of several cases where a recruit came in before my judge and plead guilty, explaining that he was on his what to boot camp, or shippping out to the 'Sand Box" and my judge would suspend the fine.
                          But, that is up to the individual judge.

                          Comment

                          • #14
                            Sarge744
                            Junior Member
                            • Jan 2010
                            • 19

                            Originally posted by Sailormilan2
                            Agreed, so, again. Go to court early. That can be done, and should be done. Once in front of the judge, many things can happen. The judge can continue, dismiss, allow the defendant to plead guilty and then fine or suspend the fine.
                            Continuance is probably not a good idea, since technically that means there is still an open case.
                            There is nothing the recruitor can really do for him, short of going to court with him. And that is "with" him, not "for" him or in place of him.
                            I know of several cases where a recruit came in before my judge and plead guilty, explaining that he was on his what to boot camp, or shippping out to the 'Sand Box" and my judge would suspend the fine.
                            But, that is up to the individual judge.
                            Sailorman is correct. It's been several years, but one of the questions they'll hit him up with at MEPS is, "Do you have any uncleared cites?" If the answer is yes, he's not going anywhere until it's fixed. Call the court clerk and tell him your problem. They allowed me to go in early so I could ship out on time.

                            Comment

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