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Sierra900
Sierra900, Attorney
Category: Traffic Law
Satisfied Customers: 970
Experience:  Experienced California Attorney
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In May 2015 I contested a red light ticket bty sending in

Customer Question

in May 2015 I contested a red light ticket bty sending in the contest letter, pleading not guilty and asking for a trial. I never heard back until I found out thru my insurance 14 months later that i have a red light violation on my DMV driving record. I never heard back from the court, my check was cashed and it appears as i am "convicted" of the crime. But no letter by the court informed me about this. Any advise of how to continue?
JA: Because traffic laws vary from place to place, can you tell me what state this is in?
Customer: Culver City, CA, Los Angeles COunty.
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: i have a clean driving record for 20 years. and am driving 2000 miles per year. I was running a red light because a child was funneling with it's skateboard on the side of the street. It looked like the child wanted to cross the street, as soon as the child was standing still, that's when the light just turned red for me, a second or so too late for me to drive. LA county law says, the CA state law is not prosecuting red lights and Superior Court will not send it to DMV and that payment meanwhile is voluntary. I am happy to pay but I want to have erased my driving record
Submitted: 4 months ago.
Category: Traffic Law
Expert:  Sierra900 replied 4 months ago.

Hello,

While you did not receive a letter from the court, you must have known prior to the passage of 14 months that your check had been cashed. I am unclear as to what your second paragraph means. Since your check has been cashed, the case is closed. In order to go further, you needed to appeal within 30 days of the decision. It appears that time is long past.

At this point, I really do not see a path forward.

I hope this helps.

DCG

Customer: replied 4 months ago.
My insurance went up. And i was at court last week and they told me i paid and that's why i am guilty and convicted. But i asked for a trial date and plead not guilty and followed the information on the paperwork, when contesting the ticket, send in the payment with a contest letter!!! Thats what i did. A year later I am "convicted" and treated like a criminal by the DMV, the insurance and the court. And I changed insurance before (after 12 months) and the rate did not go up. Just last week as the renewal came in. I thought the court was working on the case because i called a few weeks later and they said it takes a while. I never received an answer back on my request for trial! I followed the instructions on the paper work!!
Expert:  Sierra900 replied 4 months ago.

Hello,

You filed a plea of not guilty by written declaration and submitted the fine. The court reviews what you write and what the officer writes) and judges the case. If you are found guilty, they cash your check. At that point you have 30 days to appeal and ask for a court hearing.

If you wish to contest it now, you will need to file a motion to set aside the judgment for failure to notify you (a difficult hurdle 14 months later) and ask for a hearing. If the court grants your request, you will have the opportunity to re-argue your case in person, but there is no guarantee the outcome will be any different.

I hope this helps.

DCG