Failure to Appear
Trial by Declaration
Transfer of Citations
Clerks cannot reduce bails or dismiss cases.
for bail reductions must be made in person before a judicial officer during a
Traffic Arraignment calendar (Court Schedule) at the branch office
indicated toward the bottom of the citation.
of the volume of letters requesting bail reduction or dismissal, our judicial
officers simply cannot read them. It would be unfair for some to be read
and not others. Typically, bails are not reduced; however, if you enter a
guilty or no contest plea before a judicial officer he/she will give you an
opportunity before sentencing to explain the circumstances of the citation.
This may or may not result in a reduction.
AND CASE HAS GONE
FAILURE TO APPEAR
AND/OR TURNED OVER
the bottom of the citation where you signed your name, there is a statement
that reads something like “Without admitting guilt, I promise to appear at the
time and place designated below.” The signature obligates you to either
appear in court or to conclude the various options such as trial, traffic
school, or proof of correction by the due date written on the citation or the
continuance date granted by a Court Clerk or Judicial Officer.
courts are under no obligation to send bail notices; however, most courts,
including ours, send two courtesy bail notices to the address written on the
citation. The first notice indicates the original bail amount, without
proof of correction(s), if applicable. If the court receives no response
from the first bail notice, or if the continuance date lapses, the computer
system generates a second bail notice that warns the case is getting ready to
go into Failure to Appear, which will increase the bail by $169.00 if action is
the case has been turned over to collections see Failure to Appear, FTA and Collections link.
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FIX-IT VIOLATIONS AND HOW
OF CORRECTION TO THE COURT
the reverse side of the citation a space has been provided for the official
sign-off of correctable violations. The court accepts NO REPAIR
BILLS. After you have corrected the violation(s), take the cited vehicle
and the citation to a peace officer (the DMV if you have a registration
violation) for inspection. The peace officer/DMV will check to make sure
the violation(s) have been corrected and then sign off the citation. Make
sure the officer/DMV personnel indicates
the violation(s) cleared
the officer's name and badge number (legible)
if out-of-state officer is signing off, we need the name of his agency and
having the citation signed off, you must send it to the court for a reduction
of bail. Before you send in the signed off citation, you will need to
determine how much bail must also be remitted.
there are no moving violations on the citation, most likely the bail will be
the state-mandated fee of $25.00 per correctable violation for “fix-it” type
citations. However, there are some violations that appear to be fix-its
that are standards: meaning, there is a regular bail due. Often the
citing officer will tell you that "he's just writing you a fix-it citation
that will cost you no money", however that may not be correct. The
citing officers are not aware of the bail schedule developed by Judicial
Council of California and used by all California Courts. Also, some
violations that were fix-its in the past may have been upgraded to standard
violations, and vice versa.
you have any questions regarding the bail due on the citation, please contact
our office for assistance. Please remember, in order to clear the case it
is up to you to send in either a properly signed off citation or the total bail
due without proof of correction. The officer signing off the citation
does not send it in to the court, nor does his sign-off automatically clear
the citation. You must get the signed off citation to the court and pay
all applicable fees.
REGISTRATION: If the
officer cited you for "California Registration Required" the citation
must be cleared by either the California DMV or a California Highway Patrol
Officer. Please do not send in an out-of-state registration, as it will
be returned to you for California registration. If, however, the officer
has only written "registration required" or "registration expired",
and you live out of state, a clerk can clear the case with a copy of the new
registration. The $25.00 fee is also due with registration violations.
you fail to submit all required documents and monies to our office within the
continuance date, the case will be considered Failure to Appear (FTA). If
the case goes FTA, an additional $169.00 will be added to the original amount
due and the account will be turned over to Access Capital Services, Inc., who
will add a $300.00 civil assessment pursuant to Penal Code 1214.1.
- 16028a VC:
If you were cited under this code and send proof that the vehicle was insured
prior to citation date, $25.00 is due; if the insurance was purchased after the
citation date, $394.00 is due; if no proof of insurance is provided, $784.00 is
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TO APPEAR (FTA) AND COLLECTIONS
you fail to submit all required monies and documents to the court by the
continuance date granted by either the judge or the court clerk, the case will
be considered “FTA” with an additional $169.00 added to the original
bail. Once the case goes FTA and you still have not taken care of the
case it will be turned over to Access Capital Services, Inc. for collections
with an additional $300.00 civil assessment added to the bail.
the case has been turned over to Access Capital Services, Inc., you must
contact them to determine the total due. They may be contacted at
1-800-755-0556. You may make partial payments to Access Capital Services,
Inc. in any amount; however, if your driver’s license has been held at the DMV
as a result of the case in question, the hold will not be lifted until you have
paid Access Capital Services, Inc. in full with verified funds such as a
cashier’s check, money order, or credit card.
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PLEADING NOT GUILTY
- TRIAL OPTIONS
1: TRIAL BY DECLARATION
by Declaration are provided pursuant to California Vehicle Code section
40902(a) through (d) for individuals who would like to contest their traffic
citations but because of distance or other reasons elect to not appear in court
for their trial.
defendant may elect to have a trial by written declaration upon certain types
of alleged infractions involving violations of the Vehicle Code or any local
ordinance adopted pursuant to the Vehicle Code.
defendants elect a trial by declaration, they must include a sworn declaration
and other relevant evidence along with the full bail amount. The trial
will not proceed unless the Court receives both the sworn declaration and full
the election of a trial by declaration a notice shall be sent to the arresting
agency who will be given an opportunity to provide the Court a sworn declaration
of the arresting officer and other appropriate evidence.
all materials have been received (including the full bail amount) from the
defendant and the issuing agency, the entire file will be submitted to the
judge who will make a decision based upon the evidence in the file. A
written decision will be sent to you at the address you provide to the court.
bail must be posted and sent to the court along with the required forms before
the Trial by Declaration can proceed. If the bail is received without the
required forms the bail will be applied to the case, the case will be closed
and you will not receive a trial by declaration.
you would like to have this type of trial please contact the Court. Once
you receive the forms, fill them out completely, and return them to the
Court along with the full bail by the date indicated on the citation.
If you fail to
submit all required documents and monies to our office by the due date, the
case will be considered Failure to Appear (FTA). If the case goes
FTA, an additional $169.00 will be added to the original amount due and the
account will be turned over to Access Capital Services, Inc. who will add an
additional civil assessment of $300.00 pursuant to Penal Code 1214.1.
Option 2: COURT
may elect to have the case decided by a judicial officer in court at which both
you and the citing officer present the respective cases. The court
location of the trial is indicated near the bottom of the citation (Yreka,
is our court’s policy that full bail be deposited into the court’s trust
account before a case is set for trial.
you would like to set the case for court trial without appearing on the
arraignment date, you may request the forms from the court. When you have completed the
forms, send them to the appropriate court location along with the full bail by
the due date shown at the bottom of the citation.
the court receives the completed forms along with the full bail, the clerk will
set the case for trial and notify you of the trial date at the address you
provide on the forms.
the court receives the bail without the required forms to set the case for
trial, the bail will be forfeited, the case closed with a conviction, and that
information sent to the Department of Motor Vehicles.
you fail to submit all required documents or monies to the court office by the
due date, a $169.00 Failure to Appear (FTA) will be added to the charges, and
the case will be turned over to Access Capital Services, Inc. with the addition
of the $300.00 Civil Assessment pursuant to Penal Code 1214.1.
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If you are eligible for traffic violator school (TVS)
and decide not to attend, your automobile insurance may be adversely affected.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY: DMV will block one
traffic school dismissal on violations received prior to “7-1-11” and block one
traffic school confidential conviction on violations received “7-1-11” and
after from the insurance company’s access every 18 months from violation date
to violation date. Pursuant to Rule 4.104 of the California Rules of Court as
of 7-1-11, and Vehicle Code 42005(c) and (d), as of 9-20-05, any person with a
class A, B or commercial class C driver’s license as well as any person cited
while driving a commercial vehicle is prohibited from completing traffic
school. Effective 1-1-13, violations issued 1-1-13, any person who holds a
Class A, B or commercial Class C driver's license may attend traffic violators
school for an offense while operating a non-commercial vehicle.
Because our court does not have the ability to log into any other state’s DMV
system, and because attending traffic school usually costs you more than the
bail rather than less, we urge you to contact your state’s DMV to determine
whether or not attending traffic school on a California citation will give you
the results you are seeking--usually that the insurance company not have access
to the record, and that DMV not assess the driving record a point.
POLICY FOR ALL DRIVERS:
Eligibility: You cannot
attend traffic school unless you have been approved by the court clerk or a
judicial officer. The eligibility is determined as follows: You have a
valid driver's license; you have not attended traffic school for a citation
issued within the past 18 months of the present citation (violation date to
violation date); you have not failed to appear under Vehicle Code section
40508(a), unless the failure-to-appear charge has been adjudicated and all fees
and fines paid; you are charged only with infractions that do not have a point
count of more than one point under Vehicle Code section 12810; you were not
cited for any charge involving alcohol or drug use or possession; you were not
charged with exceeding a speed limit by more than 25 miles per hour.
If you are not eligible to attend traffic school, the clerk cannot grant you
permission to attend, and if you are not eligible and you send in the bail and
non-refundable fee, the bail and fee will be forfeited, the case closed, and
the conviction sent to the DMV.
the TVS Fee:
If you meet these requirements and wish to attend traffic school, you are
required to pay the bail plus the non-refundable traffic school fee of $49.00
pursuant to Vehicle Code 42007.1, and an additional DMV Fee of $3.00 pursuant
to Vehicle Code 11208 for monitoring traffic violator’s school (TVS), for a
total of $52.00, prior to the clerk sending you a traffic school permission
letter. If you were also cited for fix-it violations on the citation and you
are eligible for the $25.00 proof of correction fee on those violations, please
send the signed off citation and $25.00 per correctable violation fee with the
request for TVS and required TVS bail and fee. Please note that no
partial payments or community service in lieu of bail are permitted in
conjunction with a traffic school dismissal or confidential conviction.
Send the court the bail amount indicated in the Traffic School Option plus
the TVS fee stated above with one check. If you do not have a courtesy bail
notice but have contacted the court to determine the amount of the bail, you
may send us a note to request traffic school and include the bail and TVS fee
with one check. You may also pay your bail and fee in person between
the hours of 8:00 a.m. and 4:00 pm at any court office. When the court
receives the request and full amount due, the clerk will continue the case 60
days and send a permission letter with further instructions.
Types Of Schools Available: Please note,
traffic schools are private businesses and charge an enrollment fee.
If you live out of the state of California
and would like to attend a classroom program rather than an internet program
you may call National Traffic Safety Institute: (425)369-9000 King County7
Washington; 1-800-776-6874; NTSInw1@aol.com.
program, Internet and home-study courses: A list of California
DMV approved classroom, internet and home study courses can be found on DMV's
website Click here.
The Court will be notified when you have successfully
completed the classroom, internet or home-study course. It is your
responsibility to contact the Court to ensure that the Court receives the notification
by the due date.
the Court does not receive the notification of completion by the due date, the
bail and traffic school fee will be forfeited, the violation reported to DMV as
a conviction with points assessed on the driving record, and the insurance may
be adversely affected.
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TRANSFER OF CITATIONS TO OTHER COURTS
juvenile cases (under the age of 18) are transferred to the county of their
residency if that county accepts transfers. Adult cases are not
court understands that many defendants live far from the court and that it is
extremely difficult for them to appear in court to plead their cases. For
that reason, most cases (infractions) can be resolved through the mail and many
options are available as outlined below:
the bail and/or proof of correction on fix-it items to close the case.
For Calif. license
drivers, attending traffic school to keep the violation from adding points to
the DMV record and masking the violation from the insurance company (see Traffic School )
Trial by Declaration
Click here for more
a not guilty plea and setting a Court Trial date through the mail. Click here for more
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