Suspended license due to VC 40509.5 -- help! (felony, attorney)

[mzsmiley]

I just found out a couple days ago that I've been driving around with a suspended license for a year and a half. It was due to an unpaid traffic ticket nearly two years ago for a rolling stop.

I know I really screwed myself over and I'm ready to get the ball rolling on getting this cleared off my record. My question is, where/how do I start?? I've been scouring the internet the past 2 days trying to figure out the legal system, and I have a few questions:


1) Do I have a FTA warrant for my arrest? According to VC Section 40509.5, California does not issue warrants for FTA traffic infractions if I do not have any other FTA's outstanding or misdemeanors.

40509.5 Notice to Department Failure to Appear, (e) If the court notifies the department of a failure to appear or pay a fine or bail pursuant to subdivision (a) or (b), no arrest warrant shall be issued for an alleged violation of subdivision (a) or (b) of Section 40508, unless one of the following criteria is met: (1) The alleged underlying offense is a misdemeanor or felony.
(2) The alleged underlying offense is a violation of any provision of Division 12 (commencing with Section 24000), Division 13 (commencing with Section 29000), or Division 15 (commencing with Section 35000), required to be reported pursuant to Section 1803.
(3) The driver's record does not show that the defendant has a valid California driver's license.
(4) The driver's record shows an unresolved charge that the defendant is in violation of his or her written promise to appear for one or more other alleged violations of the law.



2) The fine of $800+ has already been sent to GC Services, but I want to avoid the collection agency and deal directly with the court. What is the best way to go about getting this resolved once I go to the court to speak to the clerk? Do I set up a court date and talk to the judge? If so, do I enter a guilty plea or simply pay what is owed?



3) I am able to pay about half of the $800+ fine. How likely am I able to get this fine reduced after appearing in front of the judge? Am I able to set up payment arrangements rather than pay all upfront if the judge is not willing to reduce the fine?




Any advice would be greatly appreciated! Thank you!

[JohnG72]

Originally Posted by mzsmiley

2) The fine of $800+ has already been sent to GC Services, but I want to avoid the collection agency and deal directly with the court. What is the best way to go about getting this resolved once I go to the court to speak to the clerk? Do I set up a court date and talk to the judge? If so, do I enter a guilty plea or simply pay what is owed?

You can't unless you get an attorney and they place it on the courts docket. I've been through this with friends. The system is really messed up and geared to make life VERY difficult for you. Bottom line is you have two options:

-Get an attorney.
-Deal with the collections agency.

No other option available.

Originally Posted by mzsmiley

3) I am able to pay about half of the $800+ fine. How likely am I able to get this fine reduced after appearing in front of the judge? Am I able to set up payment arrangements rather than pay all upfront if the judge is not willing to reduce the fine?

Again, GC is absolutely HORRIBLE. Seriously this collection agency has got to be on the take as far as dishing out kickbacks to someone in the county. But thats how corrupt california gov works. They will probably claim that they have to follow the courts rules or whatever, but thats a bunch of bs cause they negotiated with the courts to set up this system.

Anyway, they don't take partial payment on these outstanding citations and like I said, to get in front of a judge you need an attorney. Yes in some cases the judge has lowered the amount or placed it on payments, but it may not be worth it to you to pay an attorney.

So as I see it:

1.) You can simply stop driving for a month or two and take public transport or have someone drive you to work or whatever. Save up the amount needed to pay off the bill.

or

2.) Hire an attorney. Follow his advice. Go to court and hopefully get your bill reduced.

[30STM]

I would not rely on the feedback on here. Call the DMV that is where you will get all your questions answered accurately.

[mzsmiley]

Talking to a court clerk won't help?

[disgruntled la native]

try this forum, they have some people who are experts who can comment better. http://forum.freeadvice.com/speeding...violations-13/

[mzsmiley]

Thanks Disgruntled!

[agnt.starling]

Originally Posted by mzsmiley

I just found out a couple days ago that I've been driving around with a suspended license for a year and a half. It was due to an unpaid traffic ticket nearly two years ago for a rolling stop.

Any advice would be greatly appreciated! Thank you!

Facing same issue, & tried to work with GC services w/out having to give them any personal info like bank info so they can take it out automatically, they won't budge, also did changed address too, so I havent rec'd my warrant yet (?)
I tried paying it in time, but the court sent back my check....

going both to Dmv & court this Friday to work on this....

Good Luck on yours....i'm toast

[cricket_factor]

Originally Posted by mzsmiley

I just found out a couple days ago that I've been driving around with a suspended license for a year and a half. It was due to an unpaid traffic ticket nearly two years ago for a rolling stop.

I know I really screwed myself over and I'm ready to get the ball rolling on getting this cleared off my record. My question is, where/how do I start?? I've been scouring the internet the past 2 days trying to figure out the legal system, and I have a few questions:


1) Do I have a FTA warrant for my arrest? According to VC Section 40509.5, California does not issue warrants for FTA traffic infractions if I do not have any other FTA's outstanding or misdemeanors.

40509.5 Notice to Department Failure to Appear, (e) If the court notifies the department of a failure to appear or pay a fine or bail pursuant to subdivision (a) or (b), no arrest warrant shall be issued for an alleged violation of subdivision (a) or (b) of Section 40508, unless one of the following criteria is met: (1) The alleged underlying offense is a misdemeanor or felony.
(2) The alleged underlying offense is a violation of any provision of Division 12 (commencing with Section 24000), Division 13 (commencing with Section 29000), or Division 15 (commencing with Section 35000), required to be reported pursuant to Section 1803.
(3) The driver's record does not show that the defendant has a valid California driver's license.
(4) The driver's record shows an unresolved charge that the defendant is in violation of his or her written promise to appear for one or more other alleged violations of the law.



2) The fine of $800+ has already been sent to GC Services, but I want to avoid the collection agency and deal directly with the court. What is the best way to go about getting this resolved once I go to the court to speak to the clerk? Do I set up a court date and talk to the judge? If so, do I enter a guilty plea or simply pay what is owed?



3) I am able to pay about half of the $800+ fine. How likely am I able to get this fine reduced after appearing in front of the judge? Am I able to set up payment arrangements rather than pay all upfront if the judge is not willing to reduce the fine?




Any advice would be greatly appreciated! Thank you!

Mzsmiley, you have a hold on your license because of a failure to appear (FTA) placed there by the courthouse that has your citation. The DMV has suspended your license because of that hold. It is not a warrant.

Contact the court and find out the times and where to line up to calendar to appear in court. If the court has a website you can check online to see if they post their times to schedule for court.

Go to the assigned courtroom and when they call your name, ask the judge to remove the hold off of your license. He or she is going to ask you in the courtroom why you didn't take care of paying the fine earlier, so be prepared for that. If the judge is in a good mood, he or she'll will order the hold taken off so that you can reinstate your license with the DMV and drive to work with a valid license to pay off the fine.

If they remove the hold off your license, it may take up to 48 hours to process, depending on what the caseloads are in the traffic courtroom. A court clerk has to go into a computer screen and literally remove the hold off your license.

If you really want representation by an attorney, you can get one. Having an attorney represent you doesn't necessarily insure a reduction in fines.

After this is all over, you might want to get a current printout of everything showing against your license from the DMV. It will show anything in all counties of California. I am not sure of the cost; it probably ranges anywhere from $5 to $10.

Good luck!

[JohnG72]

Originally Posted by cricket_factor

Contact the court and find out the times and where to line up to calendar to appear in court. If the court has a website you can check online to see if they post their times to schedule for court.

Are you sure about this?

In my past experience, once its refered to GC, the court refuses to deal directly with he person. This experience is as recent as 3 months ago though so this may have changed.

[cricket_factor]

Originally Posted by JohnG72

Are you sure about this?

In my past experience, once its refered to GC, the court refuses to deal directly with he person. This experience is as recent as 3 months ago though so this may have changed.

JohnG72, it differs by county. I suggest the OP contact the court, talk to a clerk about the possibility of appearing in court and start from there. Each county does it a bit differently. Sounds like she's got an FTA, not an FTP. If she set up payment arrangements previously and did not follow through as promised, then nothing but paying the whole balance off will suffice for her to get the hold removed and her license back.