wrongful citation?

OneJoeZee

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Mar 30, 2005
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Ok... So I got a notification in the mail recently for a ticket. My first thought was it was just a confirmation of completion for payment of another ticket from a few months back but when I looked at the info on the notification, it was for some violation driving my brother's Camry. I don't ever drive this car except for one time I took it to work on a friday when he didn't need it during the time I sold my blue supra and bought the black one. The date on the notification didn't match the date of the only time I've driven the car in year's and I wasn't pulled over at any time when I drove it that one instance.

So, I tried to search outstanding tickets on the LA superior court site but they need to know which agency issued me the ticket to complete the search and says that that information should be on my copy of the ticket, but I don't have a ticket for this nor did I ever sign anything for any ticket driving my brother's camry on the date in question. The only options I could find online was to pay for the ticket or extend the due date. I tried the phone numbers on the notification but those only led me to automated processing of the ticket over the phone.

What I don't understand is, how can I get a notification for a citation in a car I don't even drive? If it was a parking violation or something like that, the notification would have been mailed to the registered owner which is my dad but the letter was addressed to me. The only way the notification would be addressed to me would be if I signed the original ticket for whatever violation this is for driving the Camry, right?

At this point, I'm stuck. I'm trying to figure out how to get this citation taken care of without having to send in a trial by declaration statement. Even though I'm 100% positive I could get it dropped this way, it would require me to pay the 200 dollar fine up front. Last time I beat a ticket this way, it took around 3 or more months to get me my money back. I'm not in a position where 200 dollars is going to make or break me financially but it would be a serious pain in the ass to have them hold my money for a violation I couldn't have possibly commited.

Has anyone ever dealt with anything like this? There has to be someway to clear this violation without having to pay for it in advance.



cliffs: got a citation for a car I don't even drive. doesn't make sense. Trying to avoid paying for it upfront/at all knowing I'll get the money back later.
 

lagged

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Mar 30, 2005
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youll have to request a trial date. they will do everything they can to get you to pay it, they will say "oh well we can reduce it for you" and eventually they will have to dismiss it but not before making you jump through a bunch of hoops.

the court system fucking sucks. they waste all your fucking time like you dont have any place better to be, they will do everything they can to extract every last dime you have and im surprised more people dont take a rocket launcher to their local court house.
 

OneJoeZee

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I just got off the phone with another automated system. I was hoping it could get me an operator or any real person but before I got there it said that they can't give legal advice or any recommendations. Well what good are they they?
 

lagged

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OneJoeZee said:
I just got off the phone with another automated system. I was hoping it could get me an operator or any real person but before I got there it said that they can't give legal advice or any recommendations. Well what good are they they?

youll have to show up on the court date theres no way around it unless you have a friend in the system who can take care of it for you.
 

OneJoeZee

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deng. why do you gotta tell me what I don't wanna hear? :(

man. that's stupid. That means I have to take off work. So one way or the other, I'm going to lose money on this! Even when I go to a court date, mostly likely I'll have to pay first anyway. :rolleyes:

man... sometimes I like the system for things like multiple extensions but other times they really F you in the A without any lube.
 

OneJoeZee

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I'm on the phone with my mom. she did some more detective work. I'm heading home from work right now though. will update later when I found something out.
 

GotBoost?

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Nov 25, 2005
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OneJoeZee said:
What I don't understand is, how can I get a notification for a citation in a car I don't even drive? If it was a parking violation or something like that, the notification would have been mailed to the registered owner which is my dad but the letter was addressed to me. The only way the notification would be addressed to me would be if I signed the original ticket for whatever violation this is for driving the Camry, right?
OneJoeZee said:
You are right. You need to have had signed a citation at some point for an officer to link you to your brother's car. Think hard. If you are positive you didn't sign a citation, you need to request a trial. It sucks to post the cash upfront. I wonder how the state gets away with requiering defendants to post bail upfront, when the constitution gives all of us the right to be presumed innocent until found guilty. Otherwise, what's the point of a trial, if you're not innocent? But I digress...

Yeah, going to court sucks and it's time consuming. As a matter of court policy, the employees will get in trouble if they say anything that could be interpreted as legal advice.


Cliffs: Contact the appropiate court house (not necessarily Superior Court, in traffic matters), request a pretrial hearing date (make absolutely sure it's not a trial setting), find out what the state's evidence is (get a copy of the citation, a police report if there's any), and then decide how to resolve the matter.

Good luck.
 
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1jzdreamer

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Dec 3, 2006
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JENNY! said:
press 0 when you call a number, it might give you someone to talk to? sorry- that sucks.

Yep i was about to tell you that, but she beat me to it. But i will do it anyway:icon_bigg
Hit 0 several times and the automated service will freak out and not understand you, which usually gets you to a real live person... if they even exist.
 

claricae86

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Aug 23, 2006
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sorry to hear that joe, thats pretty gay. on the other hand i love you guys little cliff notes at the end of post. its not like i didnt read all of your post but after i saw the cliffs i thought of how great it would be if more forum members did this on lengthy posts
 

suprahooked

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Sounds to me like your brother used your name when he got a ticket. I hope i am wrong but thats the only way you will get it if you never recieved the citation. (ticket)
 

OneJoeZee

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1jzdreamer said:
Yep i was about to tell you that, but she beat me to it. But i will do it anyway:icon_bigg
Hit 0 several times and the automated service will freak out and not understand you, which usually gets you to a real live person... if they even exist.

well the option for an operator was given along with letting me know they can't give legal advice or recommendations, so that makes them useless to me.

It seems the detective work my mom did today got her in touch with someone who said they have a signed ticket by me and the violation is an illegal lane change. o_O The plot thickens... I have NEVER been pulled over driving this car in all the year's I've used it since I was 15 and I haven't used it but once in the past year or 2 except for the one friday I mentioned which does NOT correlate with the date of the alleged citation. So I don't know what's going on exactly, still...

The next step is for me to get a copy of the citation so I can see for myself if I really signed it and blocked it out of my memory but I'm 100% sure I didn't sign anything.
 

OneJoeZee

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suprahooked said:
Sounds to me like your brother used your name when he got a ticket. I hope i am wrong but thats the only way you will get it if you never recieved the citation. (ticket)

For that to work, he would have to have used my driver's license at a time when I was sleeping. Otherwise I would have it on me at all times in my wallet. When I get the copy of the citation, I'll know if it was feasible for him to have somehow used my license or not based on the time of the incident.

I don't think he looks enough like me to pull that off... especially since my license picture is still from when I was 15 and him being 23, that means he's had an updated picture already. Unless the cop is blind, there couldn't be anyway to mistake a 15 year old for a 23 year old...
 

1jzdreamer

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Dec 3, 2006
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suprahooked said:
Sounds to me like your brother used your name when he got a ticket. I hope i am wrong but thats the only way you will get it if you never recieved the citation. (ticket)

thats what I'm starting to think.
 

suprahero

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If he said he left his license at home and just gave them your birthday and name. I have a friend that knows his brother's SS#, DL#, birthdate, and all of his vital info. His brother has never been in trouble and my friend doesn't have a license. It happens more than you think...............lol
 

Fuzz420

Are U Here 2 take My Baby
suprahero said:
If he said he left his license at home and just gave them your birthday and name. I have a friend that knows his brother's SS#, DL#, birthdate, and all of his vital info. His brother has never been in trouble and my friend doesn't have a license. It happens more than you think...............lol

Just what i about to say. Your brother could simply tell the officer i dont have my licience on my but my bday and ss # are .........and then he simply gives him your info they punch it up and comes back clean lets him go with a minor ticket.ususally this done when u know u will go to jail, ex suspended licience, warrants ect. Goodluck joe
 

OneJoeZee

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I don't think he knows my SSN but stranger things have happened... It's entirely possible that he forgot his license though. He always forgets things like turning off lights, TVs, locking doors, rolling up windows, etc.

I'll get to the bottom of this in the near future. If he in fact gave my name because he forgot his license, he's gonna be in a world of hurt with my parents. IDK what the legal system would do about it.
 

Justin

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Mar 31, 2005
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I don't know about your city... let alone what city you live in...

In Spokane I can go down to the court house and speak with the prosecutor WAY before my court date. I have done it before....