Legal Question in Traffic Law in California

My ticket was dismissed via Trial by Dec, but they still charged me the civil assessment fee.

My speeding ticket was dismissed via trial by written declaration, but the civil assessment, which was attached to it, was not. They took out the amount for the civil assessment from the bail amount that I paid, and then they refunded the difference, which was not that much.

Is that legal? How can they still charge a fine for a ticket that was dismissed, which means it no longer exists?

I was charged the civil assessment, because I did not receive the letter they sent notifying me that I was not allowed any more extensions until after the date they gave me to take care of it. They put a date that was 4 days after the date they drafted the letter.

I would like to fight this. Please advise.

TIA


Asked on 9/08/10, 11:09 pm

1 Answer from Attorneys
Scott Ball Law Office of Scott R. Ball

The civil assessment is usually due to a failure to appear. It has nothing to do with the underlying ticket except that the failure to appear was from the ticket in the first place.

If they gave you a date to appear, pay, or take some action on your ticket, and you did not do so by that date, you are assessed civilly. Even if you asked for an extension, if you had not already received an extension, it doesn't matter that they were slow getting back to you. You missed the date to take action.

Sorry, I would advise not to waste your time.

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Answered on 9/16/10, 3:48 pm


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