I’ve just spent over an hour wrestling with the L.A. Superior Court’s less-than-helpful online payment system for traffic citations. Apparently, the court mis-keyed by DOB; the date they put on record is off by a few years.
Since the due date is today, and I don’t have time to make a trip to the Malibu courthouse, I opted for the 60-day extension in lieu of paying the fine – that way, once I get arrested, I’ll at least have the $345 (!!!) to make bail.
Question: How concerned should I be? Should I just turn myself in now?
Question, though: The DOB on the ticket itself looks accurate – it could be interpreted either way, though. Is that grounds enough to get it dismissed?
I would go ahead and fight it anyway. Aren’t tickets usually dismissed if the officer doesn’t appear in court?
I have no idea where you live, but where I live, if you challenge a ticket they automatically give you a reduced fine in exchange for not going to court.
Your OP doesn’t make real sense? You opted to pay the fine in 60 days with the court. That means you plead guilty. Pay it within 60 days and don’t worry about it.
Edit? Or did you extend the appearance date? If so, appear in 60 days. You’re save either way.
Heh. Try that in NJ. For 5 years they had my address and SSN wrong due to their clerical errors. I got arrested for it, spent a night in jail, and ended up owing them about $10k. And all this with a good lawyer.
In NYC, however, you can easily and successfully dispute this stuff online with the ALJs.
ETA: Not sure DOB would invalidate the ticket in most jurisdictions.
The only problem is that I was extra nice to the cop, so he may have not forgotten about me…it’s probably irrelevant, though.
I’m not 100% on this, but ISTR that challenging a ticket can actually increase your fine, since you have to pay a court appearance fee on top of everything else. (I know it applies to certain misdemeanor violations, such as drinking underage…long time ago, that was.)
The ticket was correct. They made a clerical input error. Your correct birthday is in the system off your driving record. I doubt they will dismiss anything for this error. They will amend the record and go forward. Their error only wastes your time.
Still, I believe in fighting everything, taking everything to court, or at least working with the magistrate to make a plea deal if possible. In the worst case it could cost a bit more for fees. In the best case, the officer will not appear and a dismissal will be made. You could try to talk with the officer before the hearing and beg for a plea. Sometimes the officer allow this and other times they hide until called so you have no opportunity for discussion. Keep your composure and continue to be courteous and good things can happen.
This is what I like to call the “A-Ha!” defense. Usually in a trial that involves the defendant representing himself. They latch on to one minor thing that they think will win the case for them. Not like those pesky facts like if they did what they were accused of. “Officer did you write that my birthday is 12/1/1970? Well its 12/1/71! A-Ha!” “Guess I made a mistake”. Then the judge looks at him. He looks at the judge. Suddenly realizes he didn’t have a Perry Mason moment. A typo on the ticket does not invalidate anything. Its just one piece that may or may not be important. The driver did or did not do something. The officer witnessed it. The state has to prove its case. A typo does not invalidate any of that. Of course all of that is up to an individual judge so he can throw out anything if he wants to.
I love hearing that one. I am not allowed to go to court. Cuts down on overtime. None of those cases are dismissed. I know it has happened anecdotally to some but don’t say that as if it were fact.
Normally, you fight a traffic ticket in court, and the prosecutor will give you a chance to plead it down. For example, if you had a four point ticket, the prosecutor will let you plead it down to a 2 point penalty. It’ll still go on your record, but the fine will be less, and it might not count so much on your insurance.
The reason is simple: The prosecutor wants a guilty plea, and to go home. If you insist on a trial, that’s wasting time that could be spent getting other guilty pleas settled, or away from fighting a big case. DOB issues won’t matter to much on a traffic ticket. Errors in the charge itself are what count. For example, if you were accused of running a stop sign, but the police officer put down the code failure to yield the right of way, that ticket would be dismissed because the charge against you isn’t clear.
By the way, did you plea guilty in order to get the extension? If you did, you’re sunk. It is almost impossible to undo a guilty plea.
How does one face conviction without being granted an opportunity to face their accuser? Do you have prosecutors in traffic court? Here in California, no cop showing up means the infraction is immediately dismissed with prejudice. I’d love more info on how things work where you’re from.
For having more than three unpaid parking tickets - “Scofflaw act.” Never mind that I’ve received as many as 4 tickets in a span of 10 minutes in that awful town. God, I hate NJ.
Eventually if it goes to trial the officer eventually gets subpoenaed. That is after at least two appearences by the defendant. But it saves the town money.
Even before the current policy went into effect it was not a dismissal. The officer was more likely to be there but if not the defendant was given the opputunity to plea or have it rescheduled for another date. Since traffic enforcement is generally at a very local level it is pretty much impossible to answer any questions about such things in a broad way. They vary greatly from state to state and from town to town. Often it is up to the judge and not something that is written down.
Never heard of such an act in NJ. Unpaid parking tickets fall under the Parking Offenses Adjudication Act. Usually unpaid parking tickets will result in a suspended driver’s license. A warrant may be eventually issued for contempt of court when you don’t show but usually it will be the suspension.
Arrested for what?