I only heard about a 5 month old violation when DMV mailed me a notice of suspension for a outstanding citation in Sacramento. The court automated telephone system redirected me to a website where I was able to view the citation. While the citation was signed off on, the box labeled "Certificate of Mailing" was left blank leaving me to believe they never mailed it. They also used an old address (which I still receive mail from) even though my address has been updated on my license for over a year. CVC 40518 says the citation must must be mailed within 15 days but I never got it and because of that I missed the court date and have to pay an obscene amount which is unfair. What steps should I take and what are my chances of getting this dismissed?
The simple answer is to get an attorney to deal with this. An attorney can possibly deal with your failure to appear issues . You never signed ticket or promised to appear.
Andrew Roberts (818) 597-0633/ (805) 496-7777
Fight it. You were not given notice. There can be no FTA without notice.
Answering your questions on this forum does NOT constitute the forming of an attorney/client relationship. The opinions rendered herein are based on general principles of law. Laws vary from jurisdiction to jurisdiction and there are often numerous factors which can render advice or an opinion inapplicable. You should NOT make any decisions about the handling of a legal matter based on any opinion posted on this forum. Rather, you should directly consult with an attorney about the particulars of your case before making ANY decisions.
This is not the first case like this I've heard of involving red-light camera tickets.
Go to the court that you were supposed to appear at originally and ask to see a judge. Explain that you did not receive the notice despite having received plenty of other mail forwarded from that address.
You may not have the ticket dismissed, but you may be allowed an arraignment, from which you can decide if trial is prudent.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline