Guilty until proven innocent. Bay area justice system way!

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Old Aug 9, 2012 | 11:56 AM
  #1  
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Guilty until proven innocent. Bay area justice system way!



Ok guys I need to vent a bit here. Any similar things happen to you guys?

Recently, I got a letter from my insurance that they will be going up on my insurance fee because I have traffic violation on my DMV/license record.

So, I print out my record. Sure enough I got CVC21453a back in April 2011. San Mateo court has convicted me guilty on May 2011.

Only thing is that, I wasn't here back then. Well, I wasn't even here in United States at that time frame. I was in Korea.

They told me it's red light violation captured by video camera - under license plate I don't even recognize. Plate number, don't even belong to me.

Called suprior court of san mateo, they say I have to go the court to clear this. They said that this case is already closed and paid for. WTF

Is this a ID theft who own this car under my name. Clark woudn't given me this info on who own this car.

What should I do. Clerk told me I have a choice either to set up a court date in Oct or write a letter to judge.

Last edited by willow; Aug 9, 2012 at 12:02 PM.
Old Aug 9, 2012 | 12:05 PM
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Go in and rage man, face to face with a judge. ****faces should reimburse your time too.
Old Aug 9, 2012 | 12:07 PM
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It's going to be a headache... I'm in a slightly similar situation. One department sends to another and that one to another and so on...I'd be more worried about ID theft!
Old Aug 9, 2012 | 12:21 PM
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Originally Posted by slow04wrx
Go in and rage man, face to face with a judge. ****faces should reimburse your time too.
Lol. I don't know.... I had a hard time keeping myself calm during these phone calls between DMV and the court. Well, I have my passport showing admit and depart date. I have a solid proof.

Originally Posted by Javirex23
It's going to be a headache... I'm in a slightly similar situation. One department sends to another and that one to another and so on...I'd be more worried about ID theft!
Yeah, potential ID theft is concerning. Well, at least he/she paid for it. I'm a bit incline to show up and look at the video myself - well to see the face of that person. But I have membership of privacy protection from BOA which monitor suspecious credit activity. Nothing checked out suspicious.
Old Aug 9, 2012 | 12:22 PM
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There was a story on 7 on your side about this exact same situation that happened to a lady. Michael Finney took care of her problems lol.
Old Aug 9, 2012 | 12:32 PM
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I got a notice for a tollroad violation in LA. The notice sent gave a license plate number that matched my bike, and a picture of evidence. The picture was blank, just black ink. I wasn't anywhere near LA that day, I was at work in Sacramento. I had to write a letter stating these facts when I received the notice.

This was a big issue about 7 years ago as alot of fastrack users were getting other people's tickets. The license plate would be correct but the picture would show someone elses car.
Old Aug 9, 2012 | 12:54 PM
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Originally Posted by jdblock
I got a notice for a tollroad violation in LA. The notice sent gave a license plate number that matched my bike, and a picture of evidence. The picture was blank, just black ink. I wasn't anywhere near LA that day, I was at work in Sacramento. I had to write a letter stating these facts when I received the notice.

This was a big issue about 7 years ago as alot of fastrack users were getting other people's tickets. The license plate would be correct but the picture would show someone elses car.
That's interesting. But for me I don't own that license plate/car either - so I'm wondering how my name/driver license got connected.

OK should I make an court date or write a letter? At least, San Mateo is drivable distance. Either way I think it's going to take some time, which mean I have to pay my higher insurance fee until clear.
Old Aug 9, 2012 | 12:59 PM
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best of luck man, when i was about 21 years old i got a letter from LA pd asking me to turn myself in for a boat load of tickets and what not. i hadnt been in LA for at least 5 years and i was there on a day trip, flew in to town bought a miata with no plates/ reg (out of state salvaged car) and drove home. well back to the real story, I called LAPD asking wtf was going on explained my story, they had a description of the perp from prior stops, tats, fairly dark skin, long hair... which i have none of those. they looked more into it and someone in DMV sold my license to this guy and he had pretty much all my info. lucky for me they caught the guy using my identity, and they cleared my whole record including prior points. as for the person in dmv selling the licenses im not sure what happened to them.

I got lucky, and i hope your situation gets cleared up as easy as mine did.
best of luck!
Old Aug 9, 2012 | 01:31 PM
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Have real proof that you weren't here in the states? That should be enough for the courts. I bought a car that had only one plate on it and got a ticket in the mail from a different car using that same plate in the middle of the day in another city. I showed proof that I was at work that day and they threw it out. So if you can get them or a judge to give you something like that in writing, it should be enough for your insurance company to remove the adjustment.
Old Aug 9, 2012 | 01:40 PM
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Cant you fight it due to the incorrect name/car/license plate/gender/race/etc and avoid fines?

Maybe the cop wrote the ticket wrong.
Old Aug 9, 2012 | 01:49 PM
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Originally Posted by theoutbackdream
Cant you fight it due to the incorrect name/car/license plate/gender/race/etc and avoid fines?

Maybe the cop wrote the ticket wrong.
It wasn't written by a cop. It was a red light camera violation.
Old Aug 9, 2012 | 01:49 PM
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Red Light camera tickets....gotta love the total abrogation of due process. You just get a conviction via mail with an invoice.

Fight it man, you have proof you weren't in the country, but what you'll also have to prove is that you don't have that other vehicle registered to you. Maybe one of our friendly neighborhood i-club LEO's can run the plate and get you some information. Just don't go pounding on that persons door at night in anger.

Also, in the violation video record, can anyone see the drivers face?
Old Aug 9, 2012 | 02:01 PM
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Originally Posted by apetron
It wasn't written by a cop. It was a red light camera violation.
ohh didnt see that. my bad.
Old Aug 9, 2012 | 03:29 PM
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Call the police and file a complaint for ID theft against the court.

A couple of years ago my business received a call by the police in LA for a drive by shooting that matched my car make/model and license number. My boss vouched that I was teaching a class the same day it occurred and there was no way I could have driven all the way down there to shoot someone and back in the timeframe the police cited. Thankfully they dropped me as a suspect right then and there. It would have sucked to go down to SoCal just to fight that.
Old Aug 9, 2012 | 04:32 PM
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Have you sold a car or motorcycle private party within the last couple years?


My bet is that you sold a car to someone private party (hopefully you have a signed release of liability) and that person hasnt registered it yet.

When I sold my old mercedes in 2007, my pops warned me to be absolutely sure that I got a release of liability signed.

Sure enough... the little punk teenager who bought it cash (it had oregon plates and couldnt smog), never got it registered (I wonder why) and got a couple of parking tickets that made their way back to my registered address. I just went to court with the release of liability and the tickets and they were taken care of.


Imagine if the guy who bought my car ran a red light and t-boned a car then ran...



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