Legal Question in Traffic Law in California

I have beem making monthly payments of $30.00 to the court for a traffic matter. I made my first payment in October 2009. This month May 2011 would have been my last payment. I make all my payment online. I was planning on just making a double payment $60.00 in April to just get it finally paid off and done with.

My problem,: I got sick Easter weekend, and contiinued to get worse, so bad I have been off work since late April. Was having horrible coughing spells that were starting to make me literally pass out, waking up on the floor. Finally on May 10th I had to go to the Emergency Room, where I was given a chest x-ray for possible pneumonia, and was put on a breathing machine for awhile, medicated and released, with antibiotics and an inhaler I now have to use. My diagnosis was: Acute Bronchitis, and was bed ridden until I finally got up on May 15, forcing myself to feel better. While I was up it dawned on me, I had never made my April/May payment, May payment being due on May 17th i believe. I immediately went on line to pay it off only to notice my balance now said $397.00. Also all this time I have no voice. I immediately emailed the lawyer who helped me with this case in the first place, explained as I just did. He emailed me back the next day telling me to go ahead and pay the regular pay off of $60.00 as I had planned and when I felt better to go with my proof (hospital paperwork) and talk to the judge and explain it was unintentional, that I had been so sick, and had accidentally forgotten to pay it on time. I thought the same thing. So I went online to pay it, the $60 until I could go to court but notice, I am not given the opportunity like I am usually to put in the amount I am paying, just the new payoff amount of $397, and a box to put my bank card information and account #, which meant if I did that they would charge my account the full amount and I would end up bouncing a

check to the court. I know that is NEVER good, and would'nt help matters, my case at all.

My question is: I've finally gotten my voice back somewhat and am finally on the road to recovery, back to work as of yesterday, and want to go see the judge. I do have the money to take with me for the final 2 payments I originally owed. Do I even stand a chance he may accept my payments and close the case or do I stand the chance of going to jail for not having the full $397 now tacked on.

My lawyer is on vacation until the 1st of June, so I can't ask him what to expect, but I don't want to wait any longer. I just want to what might or probably would happen when I do this beforehand to prepare myself emotionally mostly. Just need words of advice and the most probably outcome.

Thank you,

Victoria Lawson


Asked on 5/24/11, 4:25 pm

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

You're right that waiting only makes things worse, but since you have an attorney, they should be able to guide you through this. Is there nobody at their office that can assist? No attorney that is covering cases while your attorney is out?

The extra amount is a "civil assessment" that gets added on for failures to pay. The other problem is that the failure to pay will be reported to the DMV and your license may well be suspended until you pay off whatever balance is owed in full.

Documentation is key. Keep records of all your medical issues and be prepared to present those to the court in support of your defense for failing to make the payments. You're going to have to go in front of a judge (or an attorney on your behalf can appear) to try and get this straightened out.

You have two basic choices: Retain another attorney to appear and get this taken care of if you don't want to wait until your attorney gets back or appear on your own and explain everything, including that your attorney is out of town. A judge may be sympathetic and they may be able to suspend or eliminate the civil assessment and accept the final payment for the whole balance and close the case. Worst case scenario? You can appear and request the warrant (if there is any) be recalled and just ask for a brief continuance so your attorney can appear for you when they get back from vacation.

Good luck.

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Answered on 5/24/11, 4:57 pm


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