CA DL suspended -$2,000 fine pending - help? (1 Viewer)

[Fennis]

[SIZE=10.5pt]In 2010, my brother received a ticket for expired registration and lack of proof of insurance. It is unclear to me, whether or not he had insurance or registration at the time, but he does now. He no longer owns that car.[/SIZE]

[SIZE=10.5pt]He never appeared in court (failure to appear was added on).[/SIZE]

[SIZE=10.5pt]His license expired at some point since.[/SIZE]

[SIZE=10.5pt]He is now trying to renew his license, and before they will remove the hold off his ticket they want $2,000 in fines and fees. Can that be right?[/SIZE]

[SIZE=10.5pt]Any words of wisdom? Is it possible to greatly reduce the cost... if so how? He doesn't have $2,000 to pay it (he is on disability and his wife is a teacher) and I don't want to pay that for him. He is in Los Angeles county if that matters.[/SIZE]

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[Officer Pete Malloy]

[SIZE=10.5pt]He is now trying to renew his license, and before they will remove the hold off his ticket they want $2,000 in fines and fees. Can that be right?[/SIZE]

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Why not?

 

[Fennis]

[SIZE=10.5pt]He is now trying to renew his license, and before they will remove the hold off his ticket they want $2,000 in fines and fees. Can that be right?[/SIZE]

[SIZE=10.5pt] [/SIZE]

Why not?

Seems like a lot of money for those violations to me.

 

[Snickers]

$200 cash in the right person's hand should fix the problem.

 

[Gr00vus]

Who is he dealing with - DMV, Police? Have they given him an itemized accounting of the various penalties/fines/fees?

 

[BassNBrew]

[SIZE=10.5pt]He is now trying to renew his license, and before they will remove the hold off his ticket they want $2,000 in fines and fees. Can that be right?[/SIZE]

[SIZE=10.5pt] [/SIZE]

Why not?

Seems like a lot of money for those violations to me.

Tiger Woods earned over $8637 per hole played last year and he's washed up. Doesn't make those fines look so expensive now?

Has your brother gone down to talk with the DA? They are usually pretty friendly in dropping some of this stuff if you take care of the rest. Other then that, I would suggest finding a lawyer. Maybe there's a low income legal service that can help.

 

[Gawain]

The lack of insurance is the big one. Back when I was young and dumb I had an insurance lapse in NY. At the time, it was an 8 dollar fine for every day you didn't have insurance. If you went too long, there was a fine and you had to give up your license for the period that that you were uninsured. I'm sure the fines have only gone up since the late 90s.

If he's driving around now and gets pulled over he's in for almost as much as a DWI, because the aggravated AUO is no joke.

 

[Gawain]

Who is he dealing with - DMV, Police? Have they given him an itemized accounting of the various penalties/fines/fees?

In NY, these are DMV fees and couldn't be waived by a DA or a judge.

Is there an option where he could surrender his license for some period of time and apply for a conditional or restricted use in lieu of paying some of the fines?

 

[Fennis]

Who is he dealing with - DMV, Police? Have they given him an itemized accounting of the various penalties/fines/fees?

The DMV referred him to the court. The automated system at the court said its with GC Services which is the collection agency. They gave him a total of $2,000. I asked him to obtain an itemized breakdown and he working on that.

 

[Fennis]

[SIZE=10.5pt]He is now trying to renew his license, and before they will remove the hold off his ticket they want $2,000 in fines and fees. Can that be right?[/SIZE]

[SIZE=10.5pt] [/SIZE]

Why not?

Seems like a lot of money for those violations to me.

Tiger Woods earned over $8637 per hole played last year and he's washed up. Doesn't make those fines look so expensive now?

Has your brother gone down to talk with the DA? They are usually pretty friendly in dropping some of this stuff if you take care of the rest. Other then that, I would suggest finding a lawyer. Maybe there's a low income legal service that can help.

He has not spoken to the DA, only with a collection agency.

 

[Fennis]

Who is he dealing with - DMV, Police? Have they given him an itemized accounting of the various penalties/fines/fees?

In NY, these are DMV fees and couldn't be waived by a DA or a judge.

Is there an option where he could surrender his license for some period of time and apply for a conditional or restricted use in lieu of paying some of the fines?

Not that I am aware of. I probably should make some calls for him. He doesn't ask the right questions.

 

[tdoss]

Failure to appear and he doesn't have a warrant out for him?

H'ed better get in front of this quick...

 

[DA RAIDERS]

Negotiate with the collection agency. Wit the failure to appear, I'm surprised the court doesn't still have jurisdiction. If they do, negotiate with them.

 

[drummer]

[SIZE=10.5pt]In 2010, my brother received a ticket for expired registration and lack of proof of insurance. It is unclear to me, whether or not he had insurance or registration at the time, but he does now. He no longer owns that car.[/SIZE]

[SIZE=10.5pt]He never appeared in court (failure to appear was added on).[/SIZE]

[SIZE=10.5pt]His license expired at some point since.[/SIZE]

[SIZE=10.5pt]He is now trying to renew his license, and before they will remove the hold off his ticket they want $2,000 in fines and fees. Can that be right?[/SIZE]

[SIZE=10.5pt]Any words of wisdom? Is it possible to greatly reduce the cost... if so how? He doesn't have $2,000 to pay it (he is on disability and his wife is a teacher) and I don't want to pay that for him. He is in Los Angeles county if that matters.[/SIZE]

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Yeah, he is kinda screwed. DUI's and suspended licenses are California cash cows. Only thing I can think of is that he can pay it in installments.

 

[Fennis]

Failure to appear and he doesn't have a warrant out for him?

H'ed better get in front of this quick...

too late for that

 

[Fennis]

Might give these guys a call: http://www.helpwithtrafficticket.com/Los-Angeles-traffic-attorney/gc-services.php

any thoughts?

 

[SIDA!]

How is there not a warrant out for his arrest on the FTA?

 

[drummer]

Failure to appear and he doesn't have a warrant out for him?

H'ed better get in front of this quick...

Yeah, and then maybe he can plead it down, but I doubt it. If he has to pay the full boat, he can go to the finance office and pay maybe a minimum of $50.00 a month until the full fee is paid.

 

[Fennis]

How is there not a warrant out for his arrest on the FTA?

dunno, maybe there is one.

 

[Nipsey]

I think he can dispute the fines in writing but he has to pay them first. If the fines are deemed in error or reduced (unlikely) he'd get money back. Dealing with LA county DMV or parking tickets or anything like that is difficult and infuriating. Best case scenario is he can end up in court, claim financial hardship and maybe they take mercy on him but that's probably unlikely. If he got those tickets and ignored them he's likely sol.

 

[drummer]

I think he can dispute the fines in writing but he has to pay them first. If the fines are deemed in error or reduced (unlikely) he'd get money back. Dealing with LA county DMV or parking tickets or anything like that is difficult and infuriating. Best case scenario is he can end up in court, claim financial hardship and maybe they take mercy on him but that's probably unlikely. If he got those tickets and ignored them he's likely sol.

Claiming financial hardship will probably result in he paying in installments. I doubt they waive the fee.

 

[SoCalBroncoFan]

Try to set a court date to see a judge. I have done that before. If you can do that, you can show the judge that everything is in order now and he can waive about 75% of the fees. Not sure if that is possible with it sent to a collection agency.

Maybe tell the court that you never appeared on the ticket and would like to. They won't arrest you. At least maybe that way you can get the failure to appear out if there which is probably the majority of the fines.

 

[Fennis]

Who is he dealing with - DMV, Police? Have they given him an itemized accounting of the various penalties/fines/fees?

The DMV referred him to the court. The automated system at the court said its with GC Services which is the collection agency. They gave him a total of $2,000. I asked him to obtain an itemized breakdown and he working on that.

The collection agency said they have $300 in collection fees and the rest was imposed by the court and they do not have a breakdown.

My brother claims he had insurance at the time.

 

[Norman Paperman]

Move to Vegas. Get new license. Move back.

 

[Norman Paperman]

If its in collections - negotiate with the collection company. They bought it for pennies on the dollar, so they don't need the whole amount to make money.

 

[None_More_Black]

If he never appeared for the failure to show proof of insurance his license was suspended for that. He should go to dmv and get a transcript/driving abstract. Tickets + failure to appear + suspension and restoration fees + late penalties and collection fees, it adds up. Hopefully there will be some kind of payment plan, but in many cases there isn't . There is the somewhat new national driver's registry that is catching people for old tickets in other states with no statute of limitations. I went to renew my license and they said I has some 18 year old fine I did not pay even though I renewed my license on 3 occasions without problems. Had to pay like 400 dollars in order renew. It is a bit of a racket.

 

[Fennis]

He's going to go to the court tomorrow and try to get a new court date. Not sure if after a FTA that can happen or not, but that's the goal.

 

[None_More_Black]

If its in collections - negotiate with the collection company. They bought it for pennies on the dollar, so they don't need the whole amount to make money.

Many times they are just collecting for the state. They don't own the debt but there is always a chance I guess.

 

[Zow]

[SIZE=10.5pt]In 2010, my brother received a ticket for expired registration and lack of proof of insurance. It is unclear to me, whether or not he had insurance or registration at the time, but he does now. He no longer owns that car.[/SIZE]

[SIZE=10.5pt]He never appeared in court (failure to appear was added on).[/SIZE]

[SIZE=10.5pt]His license expired at some point since.[/SIZE]

[SIZE=10.5pt]He is now trying to renew his license, and before they will remove the hold off his ticket they want $2,000 in fines and fees. Can that be right?[/SIZE]

[SIZE=10.5pt]Any words of wisdom? Is it possible to greatly reduce the cost... if so how? He doesn't have $2,000 to pay it (he is on disability and his wife is a teacher) and I don't want to pay that for him. He is in Los Angeles county if that matters.[/SIZE]

[SIZE=10.5pt] [/SIZE]

[SIZE=10.5pt] [/SIZE]

[SIZE=10.5pt] [/SIZE]

I don't practice in CA, but I've encountered their DMN-area laws from time to time.

To answer your question, it likely can be very right. By your brother not appearing, it's likely he was found responsible by default. Accordingly, the judge can just simply order that he pay the mandatory statutory fines. In AZ, they'd likely be even higher than 2k.

What he may be able to do, if he's capable, is "walk-in" to the court and speak to the judge. The judge may have some discretion to cut down the amount he'd have to pay to release the hold on his license, but it's unlikely the 2k fine ever goes away without him paying in full.

 

[Zow]

Who is he dealing with - DMV, Police? Have they given him an itemized accounting of the various penalties/fines/fees?

The DMV referred him to the court. The automated system at the court said its with GC Services which is the collection agency. They gave him a total of $2,000. I asked him to obtain an itemized breakdown and he working on that.

The collection agency said they have $300 in collection fees and the rest was imposed by the court and they do not have a breakdown.

My brother claims he had insurance at the time.

He needs to let this go if they have defaulted him.

 

[Fennis]

Who is he dealing with - DMV, Police? Have they given him an itemized accounting of the various penalties/fines/fees?

The DMV referred him to the court. The automated system at the court said its with GC Services which is the collection agency. They gave him a total of $2,000. I asked him to obtain an itemized breakdown and he working on that.

The collection agency said they have $300 in collection fees and the rest was imposed by the court and they do not have a breakdown.

My brother claims he had insurance at the time.

He needs to let this go if they have defaulted him.

I was mentioning in case it matters. He's not using that as anything.

 

[Zow]

Try to set a court date to see a judge. I have done that before. If you can do that, you can show the judge that everything is in order now and he can waive about 75% of the fees. Not sure if that is possible with it sent to a collection agency.

Maybe tell the court that you never appeared on the ticket and would like to. They won't arrest you. At least maybe that way you can get the failure to appear out if there which is probably the majority of the fines.

Probably not. Most states have expensive penalties for failure to provide proof of insurance.

 

[Fennis]

[SIZE=10.5pt]In 2010, my brother received a ticket for expired registration and lack of proof of insurance. It is unclear to me, whether or not he had insurance or registration at the time, but he does now. He no longer owns that car.[/SIZE]

[SIZE=10.5pt]He never appeared in court (failure to appear was added on).[/SIZE]

[SIZE=10.5pt]His license expired at some point since.[/SIZE]

[SIZE=10.5pt]He is now trying to renew his license, and before they will remove the hold off his ticket they want $2,000 in fines and fees. Can that be right?[/SIZE]

[SIZE=10.5pt]Any words of wisdom? Is it possible to greatly reduce the cost... if so how? He doesn't have $2,000 to pay it (he is on disability and his wife is a teacher) and I don't want to pay that for him. He is in Los Angeles county if that matters.[/SIZE]

[SIZE=10.5pt] [/SIZE]

[SIZE=10.5pt] [/SIZE]

[SIZE=10.5pt] [/SIZE]

I don't practice in CA, but I've encountered their DMN-area laws from time to time.

To answer your question, it likely can be very right. By your brother not appearing, it's likely he was found responsible by default. Accordingly, the judge can just simply order that he pay the mandatory statutory fines. In AZ, they'd likely be even higher than 2k.

What he may be able to do, if he's capable, is "walk-in" to the court and speak to the judge. The judge may have some discretion to cut down the amount he'd have to pay to release the hold on his license, but it's unlikely the 2k fine ever goes away without him paying in full.

thanks, that is what he going to try to do tomorrow.

 

[Zow]

Who is he dealing with - DMV, Police? Have they given him an itemized accounting of the various penalties/fines/fees?

The DMV referred him to the court. The automated system at the court said its with GC Services which is the collection agency. They gave him a total of $2,000. I asked him to obtain an itemized breakdown and he working on that.

The collection agency said they have $300 in collection fees and the rest was imposed by the court and they do not have a breakdown.

My brother claims he had insurance at the time.

He needs to let this go if they have defaulted him.

I was mentioning in case it matters. He's not using that as anything.

Gotcha.

Sorry, I've seen too many of these situations where people don't show, disappear, get a default judgment against them, then want to come back fight the original merits of the case.

 

[-fish-]

in California, there's a good chance he has a bench warrant. he needs to go to court and get things cleared up and try to get the fines reduced. contrary to what woz said, if he has proof that he was insured, he should take it with him and show the court. the judges have a lot of discretion.

 

[Fennis]

in California, there's a good chance he has a bench warrant. he needs to go to court and get things cleared up and try to get the fines reduced. contrary to what woz said, if he has proof that he was insured, he should take it with him and show the court. the judges have a lot of discretion.

Thanks, I told him to bring the proof of insurance with him tomorrow.

 

[randall146]

He may be in for a surprise after he pays off the fines and they explain to him he now needs insurance on his drivers license before they'll reinstate it.

Don't know if California requires that, but some states do. it's called an SR-22 and can cost another $1000+ per year

 

[Fennis]

He may be in for a surprise after he pays off the fines and they explain to him he now needs insurance on his drivers license before they'll reinstate it.

Don't know if California requires that, but some states do. it's called an SR-22 and can cost another $1000+ per year

he currently has insurance. FWIW, I confirmed there was no lapse in insurance.

 

[-fish-]

He may be in for a surprise after he pays off the fines and they explain to him he now needs insurance on his drivers license before they'll reinstate it.

Don't know if California requires that, but some states do. it's called an SR-22 and can cost another $1000+ per year

it's possible that they suspended his license for a year based on the failure to appear on the original, but since the time passed he can probably just show proof of insurance and get his license reinstated. if he needs an SR-22 it may increase his insurance, but I doubt it would be that much.

The California courts and the DMV don't work together all that well. Some of it is a crapshoot.

 

[drummer]

He may be in for a surprise after he pays off the fines and they explain to him he now needs insurance on his drivers license before they'll reinstate it.

Don't know if California requires that, but some states do. it's called an SR-22 and can cost another $1000+ per year

CA requires an SR-22, but I think that's after a DUI.

 

[-fish-]

He may be in for a surprise after he pays off the fines and they explain to him he now needs insurance on his drivers license before they'll reinstate it.

Don't know if California requires that, but some states do. it's called an SR-22 and can cost another $1000+ per year

CA requires an SR-22, but I think that's after a DUI.

It's been a while, but they used to also require it if you got your license suspended for not filing an SR-1 or for driving without insurance.

 

[cstu]

Try to set a court date to see a judge. I have done that before. If you can do that, you can show the judge that everything is in order now and he can waive about 75% of the fees. Not sure if that is possible with it sent to a collection agency.

Maybe tell the court that you never appeared on the ticket and would like to. They won't arrest you. At least maybe that way you can get the failure to appear out if there which is probably the majority of the fines.

This.

 

[-fish-]

and tell your brother to dress appropriately, have his paperwork organized, and show up early (the security can take a while).

he should probably contact a court clerk first to see if he has a bench warrant before he goes.

 

[Zow]

in California, there's a good chance he has a bench warrant. he needs to go to court and get things cleared up and try to get the fines reduced. contrary to what woz said, if he has proof that he was insured, he should take it with him and show the court. the judges have a lot of discretion.

Interesting. So in California there's no statutory fine for no proof of insurance? Or do you mean a judge has the discretion to undue his previous order?

 

[Henry Ford]

in California, there's a good chance he has a bench warrant. he needs to go to court and get things cleared up and try to get the fines reduced. contrary to what woz said, if he has proof that he was insured, he should take it with him and show the court. the judges have a lot of discretion.

Wow. Even for a four year old violation he failed to appear on?

 

[Zow]

in California, there's a good chance he has a bench warrant. he needs to go to court and get things cleared up and try to get the fines reduced. contrary to what woz said, if he has proof that he was insured, he should take it with him and show the court. the judges have a lot of discretion.

Wow. Even for a four year old violation he failed to appear on?

This is my take too. In my state if the defendant failed to appear on his summons, the court would very likely have issued a default judgment against him for failing to provide proof and assessed the statutory fine. Accordingly, the issue on whether the defendant has or had an actual defense to the violation would be moot and offering it up would only serve to annoy the judge because there'd be literally nothing the judge could do about the finding of the defendant as responsible and the accompanying fine.

I've heard California traffic/moving violations laws were substantially more lenient though, so I'm not doubting -fish- at all, just still really surprised to hear the judge's hands wouldn't be tied and/or would even consider cutting the guy a break.

 

[Fennis]

and tell your brother to dress appropriately, have his paperwork organized, and show up early (the security can take a while).

he should probably contact a court clerk first to see if he has a bench warrant before he goes.

if he has a bench warrant would they arrest him when he goes down to the court?

 

[Zow]

and tell your brother to dress appropriately, have his paperwork organized, and show up early (the security can take a while).

he should probably contact a court clerk first to see if he has a bench warrant before he goes.

if he has a bench warrant would they arrest him when he goes down to the court?

I'll defer to a different answer from -fish-, but in my experience in a few states rarely does a person get arrested on a warrant that they walk in on. Since judges generally want defendants to resolve their matters, they generally don't want to deter defendants who are choosing on their own (i.e. without the "help" of being arrested and held on bond) to do so by then jailing them.

 

[-fish-]

in California, there's a good chance he has a bench warrant. he needs to go to court and get things cleared up and try to get the fines reduced. contrary to what woz said, if he has proof that he was insured, he should take it with him and show the court. the judges have a lot of discretion.

Interesting. So in California there's no statutory fine for no proof of insurance? Or do you mean a judge has the discretion to undue his previous order?

Having no insurance<> no proof of insurance. No proof, but you have it, at least used to be the equivalent to a fix-it ticket. He said he was insured, but didn't have proof.

 

[Zow]

in California, there's a good chance he has a bench warrant. he needs to go to court and get things cleared up and try to get the fines reduced. contrary to what woz said, if he has proof that he was insured, he should take it with him and show the court. the judges have a lot of discretion.

Interesting. So in California there's no statutory fine for no proof of insurance? Or do you mean a judge has the discretion to undue his previous order?

Having no insurance<> no proof of insurance. No proof, but you have it, at least used to be the equivalent to a fix-it ticket. He said he was insured, but didn't have proof.

I recognize the difference. In AZ they are essentially penalized the same. Additionally, if the judge has already found the defendant responsible, I would imagine what specific violation he's been charged with wouldn't matter - the factual determination on the case has already been made.