The Background: After getting a ticket for a rolling stop,...

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Question by Aceman
Submitted on 11/29/2003
Related FAQ: FAQ: California Driving (and Surviving)
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The Background: After getting a ticket for a rolling stop, I called the court to request traffic school (as instructed) over and over. They kept asking me to call back. Since they couldn't find my ticket in the system (and the ticket said "Warning: If you fail to appear in court as promised, you may be arrested and punished by 6 MONTHS IN JAIL AND/OR A $1000 FINE regardless of the disposition of the original charge (Veh. Code 40508)", I went to the court on 10/3/03, as instructed, but I wasn't listed on their paperwork. While in line, I called again, "...not in system yet...." was the response. When I got to the window, the lady said I wasn’t in the system, and she’d find out why. After a lengthy time, she returned and explained that the police officer wrote the wrong code down and I would hear from them in the future. I got the back of the ticket stamped (as proof of my appearance) and went home. Last week I received a notice that the date of court appearance was changed from October 3, 2003 to December 19, 2003, and the violation sections should be changed from 22450 VC to 22450 (a) VC. The Time Line: Original ticket: 8/26/03; original court date: 10/3/03; new ticket postmarked: 11/19/03; new court date: 12/19/03. The Question(s): Is this a violation of due process, or is it reasonable to request the charges be dropped for lack of proper procedure?

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Answer by lwpat
Submitted on 12/6/2003
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The state has the right to amend the traffic ticket. In addition the court can grant the state a continuance in order to correct the summons. Your best option is to call the court and make arrangements for traffic school. In most counties you can now do this online. Her is a link for more information: http://www.trafficschoolonline.com/?lcode=4013

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