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Ratings. Guidance. The Right Lawyer.
San Francisco CA Red light camera ticket mailed past 15 day requirement. Need advice.
San Francisco, CA
Viewed 112 times.
Posted about 1 month ago in Speeding / Traffic Ticket
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San Francisco CA Red light camera ticket VC 21453A, viol date 8-11-09, issued 8-19-09, respond to court by 9-9-09, envelope post meter mailed date 9-11-09, received 9-14-09, ticket mailed beyond 15 days as per cvc 40518, ticket has rural address that mail is not delivered to, envelope has label affixed over address window with correct DMV mailing address.
Additional information
CVC 40518. (a) Whenever a written notice to appear has been issued by a peace officer or by a qualified employee of a law enforcement agency on a form approved by the Judicial Council for an alleged violation ...and delivered by mail within 15 days of the alleged violation to the current address of the registered owner of the vehicle on file with the department, with a certificate of mailing obtained as evidence of service, an exact and legible duplicate copy of the notice when filed with the magistrate shall constitute a complaint to which the defendant may enter a plea. Preparation and delivery of a notice to appear pursuant to this section is not an arrest. (b) A notice to appear shall contain .... The time specified shall be at least 10 days after the notice to appear is delivered. " Snafu is mailed after 15dys and court date was before it was mailed. Perhaps I interpret this wrong , but it appears that service is defective. Answers (3)
John M. Kaman
This attorney is licensed in California.
Posted about 1 month ago.
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Your chronology makes no sense to me. Even if it did, I do not read VC 40518 to make a ticket mailed late invalid but instead simply to provide that one mailed within 15 days of the violation with a declaration of service may serve as a complaint to which you must answer. If there was some snafu in mailing I don't think this will invalid the ticket. That said, save your ticket and the envelope in which it came in and show the judge if you are going to contest it. You never know.
Howard Robert Roitman
This attorney is licensed in California and 3 other states.
Posted about 1 month ago.
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You need to contest it anyway, so negotiate it down. see links.
Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted about 1 month ago.
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Negotiating a good resolution given the circumstances of your case will take an attorney familiar with the policies and procedures of the court where the matter is pending.
It would be worth your while to consult with a traffic attorney familiar with the judges and practices in the court where you received the ticket to explore your options. Check with a lawyer in your locale to discuss more of the details. Good luck to you. God bless. NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. |
