1 Why must I pay bail before my trial, and does forfeiting the bail mean that I have paid the ticket? The “bail” on a ticket is determined by a countywide bail schedule and is the amount of money required to guarantee your appearance for trial. If you choose to forfeit the bail on the ticket, the ticket is deemed paid, and the resulting conviction will cause a record of the conviction to be placed upon your driving record. If you fail to pay bail on a traffic ticket, a “Hold” will be placed on your driver’s license, additional fees may be assessed, a misdemeanor violation Failure to Appear may be added, and your license may be suspended. 2 What is the penalty assessment, and how does it affect the bail/fine amount on the traffic ticket? The penalty assessment is an amount added to bails and fines as required by law. The current penalty assessment charged by the Los Angeles County Superior Court (effective March 12, 2007) is $24.00 for every $10.00, or portion thereof, of the bail/fine. For example, if you are fined $20.00 your penalty assessment charge will be $48.00 (2 x $24.00). The penalty assessment and any other assessments in effect at the time of the issuance of the citation will be added to the bail/fine to obtain the total amount to be paid. A 20% surcharge, $20 security fee, and $1.00 Night Court assessment fee will also be added to the fine or bail. 3 What are the different payment alternatives for my traffic ticket? The Court accepts cash, personal checks, ATM, and Discover, Visa, or MasterCard credit cards at traffic locations. For some citations you may use the Traffic Interactive Payment System (TIPS) by telephone at (213) 742-8809. When using TIPS, you may telephonically request: Forfeiture of bail on a citation, enrollment in traffic school, an extension on the citation, or obtain general information. You may pay the fine with Visa, Discover, or MasterCard by using a touchtone telephone. The TIPS system can currently be used only to process citations that do not require a court appearance. 4 Do I qualify to attend traffic school? If so, how do I enroll? You may attend an eight-hour traffic school for certain moving violations if you have not attended traffic school on a citation issued eighteen (18) months prior to your current citation (the 18-month period is calculated from the violation date of the first citation to the violation date of the second citation.) If you are eligible to attend traffic school, a fee of up to $39.00 plus the bail amount (if you have more than one violation, you must pay the highest bail amount on the eligible violation) and penalty assessment are required to sign up. In addition, you will have to pay a fee to the traffic school. If you are paying by check, make your check payable to L.A. Superior Court. You may request traffic school through the mail by sending a check for the bail amount and penalty assessment plus a $39.00 fee. Do not send cash! You will be given a list of traffic schools and their telephone numbers: (a) You must make your own arrangements to register for traffic school. (b) Registration fees will vary, depending upon the school. (c) You are required to do one of the following: (1) attend traffic school (2) participate in the Home Study Program including a video option or (3) take a course on the Internet. (d) If you plan to attend traffic school in another state, contact the Department of Motor Vehicles in that state for a list of schools. You must file the original Traffic School Completion Certificate with the clerk’s office on or before the due date on your waiver slip or letter. You may file the certificate in person or by CERTIFIED OR REGISTERED MAIL. (e) You may request traffic school by phone using the Traffic Interactive Payment System (TIPS) at (213) 742-8809. 5 What plea can I enter on my traffic ticket, and what is the next step? Guilty plea - To plead guilty, pay the bail amount directly to the court in person, by mail, via the Internet or over the telephone. You should receive a courtesy notice showing the amount required. If you do not receive the notice, you may call the court to inquire about the bail amount. Keep in mind that when you signed the citation, you promised to appear on or before the due date indicated at the bottom of your citation. The resulting conviction will cause a record of the conviction to be placed on your driving record. Nolo Contendere Plea – Also known as simply “nolo” or “No Contest.” This plea is treated the same as guilty for court proceedings. However, the plea of “Nolo Contendere” cannot be used as an admission of guilt in a civil suit for the same offense in a misdemeanor or infraction. The resulting conviction will cause a record of the conviction to be placed on your driving record. To plead nolo contendere, you will have to appear before the judicial officer. To schedule a court appearance, you may call (213) 742-8809. Not Guilty Plea - To plead not guilty, you may post bail in the clerk’s office in order to obtain a trial date or mail your request by registered or certified mail with a check for the appropriate amount of bail and indicate on the check “not guilty.” The reason for posting bail in advance is to ensure your appearance in court on the day and time of your trial. If you do not appear, your ticket will automatically be paid (bail forfeited) and a conviction will be placed on your driving record. You may also schedule a court appearance to plead not guilty. 6 What if I need to change my trial date? Go to the clerk’s office of the court where your trial is scheduled at least 10 court days before your trial date to request a new trial date. You need to bring any paperwork that was issued to you. If you were ordered by a judicial officer to post bail for your trial, and you have not posted bail yet, you will not be able to change your trial date. You must appear on the date, time and location indicated in court. 7 What should I do to prepare for my traffic ticket trial, and what can I expect during this trial? Bring any photos, diagrams, reports, or any other exhibits with you to trial. If you need witnesses that will not come to court voluntarily, they must be subpoenaed before the trial date. Subpoena forms can be obtained at the location where your trial will take place. Neither you nor any person under 18 years of age can serve the subpoena. A temporary judge may hear your case. The temporary judge is authorized by the Presiding Judge of the Court to serve in this capacity. If you do not want your case heard by a temporary judge, you must request another judicial officer to hear the case. Trial by Written Declaration – Instead of going to court for a trial, you may submit a written declaration explaining the facts of your case and why the court should rule in your favor. You may also include any documentary evidence you feel is helpful. You waive your rights to appear, to testify in person, and to subpoena witnesses. The declaration and correct bail amount/penalty assessment must be submitted to the Court by registered or certified mail. The officer who issued the citation may also submit a written declaration of the facts from his/her viewpoint. Otherwise, the citation alone will be used as the officer’s testimony. The Court will read your declaration and the citing officer’s sworn declaration, and you will be notified by mail of the Court’s decision. Summary Trial – The advantage of a summary trial is having your case heard earlier than a conventional trial. The trial is conducted sooner (scheduled within 5 days) because only you appear before the judicial officer to present your case without an attorney, the issuing officer and/or witnesses. The court’s decision is final and may not be appealed. If you request a summary trial at the clerk’s office, you must sign the Notice of Arraignment and Trial Date form and submit with the correct bail amount plus penalty assessment. If you request a summary trial by mail, the Court will notify you of the date by which you must submit the bail amount plus penalty assessment and the Notice of Arraignment and Trial Date form to the Court. Failure to deposit bail or file the Notice of Arraignment and Trial Date form will result in the citation reverting to its original open status, which is subject to a “Hold” being placed on your driver’s license or DMV registration. 8 9 If I am found guilty or plead guilty how will the traffic ticket affect my license? The Department of Motor Vehicles will be notified of your conviction and the conviction(s) will appear on your driving record. 10 Can I go to the courthouse to pay for a parking ticket? No. To obtain a trial date or pay for any parking citation, you must contact the agency that issued the citation. The Court Mission “To resolve and record legal matters“ What happens if either the issuing law enforcement officer or I do not appear for the scheduled trial date? If you do not appear for your scheduled trial date, your bail, if posted, will be forfeited. A bail forfeiture acts as a guilty plea, and the resulting conviction will cause a record of the conviction to be placed upon your driving record. If you did not post bail, your “Own Recognizance” (OR) will be revoked and a misdemeanor Failure to Appear may be charged and additional fees and bail may be added. The appropriate agency subpoenas the officer who wrote the citation to appear in court. Unavoidable circumstances may prevent or delay the officer’s appearance. If the officer does not appear, the violation(s) may be dismissed. Traffic Infraction Citations The Los Angeles Superior Court South District – Long Beach WHAT I SHOULD KNOW ABOUT TRAFFIC INFRACTION CITATIONS
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