View Full Version : Form to dismiss traffic violations for inmates?


Nancbee4
03-04-2008, 08:55 AM
My son just mailed me a form to have his non-felony traffic citations dismissed. On the top of it is says, "In The Municipal Court of The State of California IN an For the County of Alameda. It goes on will all his info and he is writing and telling me to mail it to the local DMV office. This looks more like something that has to go to the court house to me. What should I do. We are not even sure he has any citations but he just wanted to cover his bases before he gets out. It is accompanied by a printed page from some organization called "Inside/Out" and goes on to state that in 1970 the California Legislature provided a remedy to dismiss all nonfelony Vehicle Code Violations pending when committed to prison. Does anyone have any advice about this??? Mail it to the DMV????? Take it to the court house?????? Thanks! :confused:

Gryphon
03-04-2008, 09:41 AM
I believe that the motion you are looking at is filed with the court and served on the prosecutor. Which vehicle code or penal code section is cited as as the authority for dismissal?
His DMV print would say whether there are known traffic cases pending, but I'm unaware of any DMV obligation to then notify all the prosecuting agencies if DMV is notified that someone is in prison.
Note that driving caes like Suspended license charges AREN'T impacted by this particular motion. He'd need to do a 1381 Speedy Trail demand to clear those cases.

Nancbee4
03-04-2008, 05:22 PM
This form is part of vehicle code section 41500. I guess it was passed in 1993. I do see info on it at the DMV site. However, no address to mail the forms too at all and when I called DMV and got a live person she never heard of it. Basically the DMV info says the department shall remove from it's records any notice received pursuant to subdivision (a) of section 40509 upon receipt of evidence that a person was in prison. It covers only non-felony offenses, parking or minor tickets. My son is trying to cover basis and is not sure if he has outsanding parking tickets or not I guess. He had a pretty good driving record. I need the address of where to send these papers.

JLS
03-04-2008, 08:30 PM
You can not send the papers. They must be sent from the institution he is incarcerated in and signed by the inmate and his counselor and a Records Analyst. He needs to send a note to the Records Office asking that they complete a 41500 filing and they will complete the process. They send the forms to DMV Headquarters in Sacramento once the inmate and counselor sign it. If DMV receives the form without the signatures of the CDCR staff, they will not process it. The form is processed by a specific unit in DMV.

Nancbee4
03-04-2008, 10:54 PM
I don't see how that can happen when he sits there week after week and has never seen a counselor. He has no way to take care of this if they won't see him. He will probably be released without ever seeing a counselor. I think that is why he sent the papers to me.

scooter05
03-04-2008, 11:11 PM
He does not need to see a counslor to get those papers signed. BUt like JLS, it needs to be taken care of from inside the prison unless your have power of attorney.

Nancbee4
03-05-2008, 08:42 AM
Ok, I will let him know. Thanks!

Judeca
03-05-2008, 04:38 PM
Hope I'm not a wet blanket. My son got a speeding ticket before going to jail and I was going to pay it. He told me about this law and not to pay it. He sent in the form to the courthouse he was supposed to pay his fine at. They sent a letter back saying this law didn't apply any longer and he was still responsible for paying the ticket. They extended the due date, that was it. I went ahead and paid it - I didn't want to take the chance he would have a warrent when he was released.

Luvly143
03-05-2008, 04:45 PM
My husband got a ticket for driving without a license before he got arrested this time. I called the courtroom the day of his scheduled court date and spoke with the clerk. I informed her that he was incarcerated and would be for the next year and a half. She asked me to fax her proof of his incarceration, which I did... Then she had the judge call the case and dismiss it. I went to the court and picked up a paper showing that the case had been dismissed about a week later... This was in LA county...

Nancbee4
03-05-2008, 09:16 PM
The thing is I don't have any papers saying he has any kind of tickets at all. I am going to visit him soon though and I will ask him about this. He has written twice now asking if I have sent the papers to the DMV yet and telling me to hurry and that it's important since any citations can be dropped while he is in prison and he is going to be released before long. I have not received anything from the courts or DMV stating he has any outstanding tickets of any kind. I think he is concerned that the van he was driving when he was arrested might have gotten a parking ticket after that. Eventually it got towed but I don't have info it got tickted. I think he is just trying to "cover his bases". He was in prison before and just a couple of days before his release he was pulled out by the county for some old minor charge and then had to face MORE time. I think he is paranoid this might happen again.

scooter05
03-05-2008, 11:43 PM
Call your insurance agent and tell them you would like to add your son to your insurance but you would like for them to run his drivers license first and see if he has any outstanding tickets, this way you can tell them you want to see how much your insurance will go up.

The thing is I don't have any papers saying he has any kind of tickets at all. I am going to visit him soon though and I will ask him about this. He has written twice now asking if I have sent the papers to the DMV yet and telling me to hurry and that it's important since any citations can be dropped while he is in prison and he is going to be released before long. I have not received anything from the courts or DMV stating he has any outstanding tickets of any kind. I think he is concerned that the van he was driving when he was arrested might have gotten a parking ticket after that. Eventually it got towed but I don't have info it got tickted. I think he is just trying to "cover his bases". He was in prison before and just a couple of days before his release he was pulled out by the county for some old minor charge and then had to face MORE time. I think he is paranoid this might happen again.

Nancbee4
03-06-2008, 07:41 PM
Interesting idea Scooter05, I will keep that in mind. I took the papers to the courthouse today and asked about them at the traffic window. They told me to take them to the DA's window. I did and they said that was the right place and they would accept them and check his record out and let him know if there were any problems. The lady at the window said they would actually write to him very soon if there were problems. Hopefully she was right. She seemed very knowledgeable and helpful.

TheNewSatan
03-13-2008, 12:57 PM
Can you get rid of a misdemeanor DUI or reckless driving with this form?:idea:

Thanks!:thumbsup:

ALWAYS HERE 4 M
03-13-2008, 01:08 PM
I spoke to my husbands counselor today to find out about clearing his tickets and she said he has to request a 1381 form from the library and he can take care of it that way. I'll keep you posted on the outcome. = )

JLS
03-13-2008, 02:21 PM
A 1381 is a demand for trial. To dismiss traffick tickets requires a 41500 filing. The 41500 filing must be done from within the institution as I stated above.

ALWAYS HERE 4 M
03-13-2008, 02:55 PM
Thanks JLS...

I was just going by what the counselor told me. I'll be sure and tell my husband it is the 41500. Thanks again = )

shygirl323
03-13-2008, 03:54 PM
You can request a copy of your drivers license report from the DMV. It cost $5.00

This will also let you know if there are any outstanding issues & what needs to be done to clear it (them).

here is the link
http://www.dmv.ca.gov/forms/inf/inf1125.pdf


here is more forms
http://www.dmv.ca.gov/forms/formsinfo.htm

I would do what luvely did. Most judges wont want to deal w/ all the extra paperwork.

Nancbee4
03-13-2008, 08:11 PM
Here is the info to contact the DMV is you have more questions. They might be able to advise:
DMV
mandatory actions unit, m-s-j-233
p.o. box 942890
sacramento, ca. 942290

ph# (916) 657-6525