Saturday, December 14, 2013

Tickets & The DMV

(Police Officer "Writing Up" Traffic Ticket)
If you have not received one, you will eventually. Parking and traffic citations are given out by parking and law enforced at all times of the day and night, and all year-round. Whether you have dealt with your fair share or you simply have not experienced the "thrill" of going through the steps of paying or contesting a citation, one must always be prepared as the steps in the process transpire. It is never a question of "if," but "when" we will receive one.

In 2012, I received a couple of parking citations by aggressive parking enforcement agencies in the State of California. On my "journey" to contest these citations I did my homework just as anybody else should, but rarely do, and came across some very important information. What I discovered was that the Courts automatically call driver's sanity into question once the driver "posts bail" in order to see an administrator of the Courts.

("Guilty Gavel")
After requesting that the citation be given an initial review as a first step in the contesting process, I received an initial verdict of "GUILTY." As I desired to further appeal this verdict, I began looking through the State of California Department of Motor Vehicle website. On the webpage titled Pay Traffic Ticket in California, we see that under the paragraph titled What it Means to Pay Your Traffic Ticket:

"Paying a parking or infraction traffic ticket is an admission of guilt or no contest plea."

What this means is that if we "post bail" in the amount charged on our citations to further pursue contestation, we are "incompetent idiots" per the United States Code's definition of insanity. The Courts are merely extending us "grace" from that point forward if they do rule in our favor. Think of how murderer's "get away" with murder when they plead insanity at criminal trials. What are the Courts extending in these cases when we pay before further contesting? Grace.

So, how do we "get around" posting bail to see a traffic judge? It would not be "getting around" anything if the Manager of the jurisdiction where the citation was certified grants drivers a waiver of bail to see a traffic judge without payment. All one must justify is that per the DMV's own guidance, paying the DMV is an admission of guilt or no contest plea when we are contesting the citation. We end the letter further detailing that the judge should deem us "guilty" if we pay upfront and then appear to contest what we already paid. At this rate, our chances of being relieved of all liability increases dramatically. It should also be noted that it does not matter what jurisdiction on the planet we live in as "consideration" (exchange of value between parties) is one of the fundamental and universal elements that validates an agreement in Contract Law.


No comments:

Post a Comment