[CA]: unable to show proof of correction before fix-it ticket due date

June 17, 2013 6:18 PM

Asking for a friend, this is regarding CA traffic law: From what she has said, the due date of the fine/court appearance is coming up in two days and seeing as her car is still in the shop, what options does she have? Plead not guilty in hopes of buying some time, and showing up with proof of correction? She's not sure if her car will be fixed and properly smogged in time on or before the due date.

She was pulled over for having expired tags and the reason for her registration not being completed was due to a lack of smog check. She received a fix it ticket requiring her to either pay $25 and show proof, or appear in court and show proof. Her car is currently in the shop and has failed the smog check twice as the result of non-emission related car troubles.

Thanks, all.

posted by chloe.gelsomino to Law & Government (9 answers total)

She could get a letter from the shop saying they're working on the problems. The court would probably allow her to return at a later date. Courts are often willing to postpone things for good reason.
posted by musofire at 6:19 PM on June 17, 2013

Go to court and tell the judge it's in process, totally reasonable. They'll probably extend it out.
posted by rhizome at 6:20 PM on June 17, 2013

Response by poster: Sorry, I should have been more specific-- to clarify: by "CA" I mean California.
posted by chloe.gelsomino at 6:21 PM on June 17, 2013

TINLA / IANAL
Yep, she should appear* with the estimate from the garage and maybe just to be safe also bring a note or letter from the mechanic about when they expect to have it finished and smogged.

* This will not be fun. It sounds easy to say 'just show up' but it's usually a day-long affair and frustrating. But going and being present when her name is called is still waaaay better than not showing up and not being there when the judge calls her name.
posted by carsonb at 6:35 PM on June 17, 2013

Best answer: Before I took the day to "appear", I would call the Clerk of the Court and ask to have the case continued (rescheduled), giving the reason, if asked.
posted by uncaken at 6:50 PM on June 17, 2013 [2 favorites]

I agree ask for a continuance.
posted by Ruthless Bunny at 7:01 PM on June 17, 2013

FYI you will most likely not be able to get through via phone to the Clerk of the Court because of recent budget cuts -- there was an article in the LA Times about it last week and I think they said customer service over the phone has been cut completely. You'll most likely just have to appear. Be sure to get there early -- the article also stated that the courts are so congested that even people with assigned dates frequently wait all day and get pushed to the next.
posted by BlahLaLa at 7:14 PM on June 17, 2013

Have your friend follow the instructions on the letter that she has received in the mail from the court where she is to appear. She should have received a letter from "Superior Court of _____, County of _____". This should have instructions for filing an extension via the web. She'll need her original citation number, the authority who issued it, and where she is to appear. She should do this right away. It should buy her about 60 days worth of time. Hopefully by that point her car issues will be resolved and she can appear and show proof of correction.
posted by Bohemia Mountain at 9:05 PM on June 17, 2013

Response by poster: She called the clerk of the court this morning and received a 30 day extension, no explanation or reasoning needed.
posted by chloe.gelsomino at 11:54 AM on June 18, 2013