63 Responses to “What is a 40509.5 Hold? It is a Failure to Appear Hold on a Drivers License.”

1. pong July 15th, 2009 at 3:09 am

   I need someone to help me . im stuck overseas waiting for a U.S. Visa for my wife, I dont think shes gonna get anytime soon because I have people on the inside of U.S. Government screwing with me. they took all my original passports and birth certificate and disappeared with my wifes case. i have traffic tickets in Los Angeles and Chatsworth citation number 8112621
   and citation number 7905235

2. Mike December 2nd, 2009 at 3:33 am

   Hey thanks so much for writing this! I forgot to pay a $15 fix it ticket but went on with my life. Well, despite the fact I never received any notifications, I found out my insurance had sky rocketed so went to investigate and found out I had a suspended license and a big fee. I have been scouring the internet all day trying to find answers to my questions and your post did it all!

   One final question though: the fee that I have to pay to the collection agency, is this the final fee including all the FTA fees and such or is that only for the ticket and I still have to pay additional fees?

3. Christopher Dort December 2nd, 2009 at 6:37 pm

   Mike, usually if you pay a collection agency such as GC Services for a failure to appear case, the case gets closed completely. You should contact the court afterward to make sure the case is closed by checking the exact case number. You should also contact the Department of Motor Vehicles, because if your drivers license was suspended as a result of the failure to appear (which is usual), DMV will not reinstate your license until you make a personal visit and pay a re issuance fee. Don’t get caught driving with a suspended license after you pay the collection agency!!

4. CHIH December 3rd, 2009 at 6:13 pm

   THANK YOU so much for this blog it helps out a lot i just found out that i have the hold on my license. this is great info and again thank you. I moved to chicago will this affect me getting a dl in IL.?

5. Christopher Dort December 4th, 2009 at 10:24 pm

   Too many people think that moving to a different state means they can ignore a court case. I see it every day, and it never works out good. Chih - It would be a bad idea to think that just because you move to IL you can ignore a failure to appear case. Most states will honor another state’s drivers license suspension - even if there was never a license “card” issued. For example, if you come to CA to visit from TX, and get a traffic ticket, the court can suspend your driving privilege in CA and notify TX, who then suspends the TX drivers license until the problem is solved.

   And then - you have to consider that one day the failure to appear problem may cause the loss of a job or potential job when the employer finds out. It happens a lot.

   My advice: take care of the case. You can probably hire an attorney to go to court for you, or if it is just an infraction case, you may be able to just pay a fine by mail. Once the drivers license hold (Vehicle Code section 40509.5 hold in CA) is released, you need to contact CA DMV to be sure that you do not have to visit them to have your driving privilege in CA reinstated (they charge a $55 fee for reinstatement).

6. chase December 18th, 2009 at 5:09 am

   My wife has 3 tickets. ignored fines and failed to appear in court. License now suspended. one of her citations was a carpool vilation,no car reg and ins. and failed to appear in court for this citation. It is now with gc collections and the amount is around $2100.it couldnt have been this much??? is there a way to get that fine reduced after its transferd to collections?

7. Christopher Dort December 18th, 2009 at 11:35 pm

   Chase, in most courts you can go to the courthouse and schedule an arraignment on the case even after the case was sent to collections. Go at 8 am and ask for an arraignment

8. Christopher Dort December 22nd, 2009 at 11:55 pm

   Chase, UPDATE!!! I finally got sick of this problem and did some real legal work. I just wrote a new document for people who have a civil assessment added and the court will not allow them to have a trial date.

   It’s a real legal form, on pleading paper, instructions included, for a Notice of Not Guilty Plea and Demand for Court Trial. In your situation, I recommend you fill it out and file by delivering to the court clerk it ASAP - so that you have prof they refused you a trial. If it does not work, you can appeal and in my opinion, with a strong case. Here is a link where you can get this form I wrote myself for free for a limited time: http://sites.google.com/site/dortlawcom/DemandforTrialTrafficCourt.pdf?attredirects=0&d=1. After a short free period, it will be available for $9.99.

9. Will January 8th, 2010 at 2:29 am

   I moved to LA in August from Virginia and recieved $141 ticket while driving on my VA driver’s license. I missed my court date and my case has gone to GC Services and is now 800 bucks. Since then I’ve gone to DMV and actually gotten a CA driver’s license. It was issued on 11/18 and according to la superior court website the 40509.5 Hold was place on 12/8. My job requires that I have a drivers license. When I search my new driver’s license number on the courts website no citations come up. Only when I search my VA license number does the citation come up. Is my CA driver’s license suspended? Are they going to notify VA DMV and what will VA DMV do since I no longer have a license in that state? Whats the best way to settle this and can it be done with a less amount to pay? 800 is extremely steep for a seatbelt. Thanks.

10. Christopher Dort January 14th, 2010 at 7:06 pm

    Will, the ticket will only show up with your VA license # because that is the lic you had when the citation was issued. It was what the officer wrote on the ticket. California has probably suspended your CA license (and driving privilege). You can have your privilege to drive in CA suspended, even if you have a valid lic from another state if you fail to appear and get a Vehicle Code section 40509.5 hold. CA DMV will notify VA of the suspension, and most states will honor it. Do not drive until you verify that your CA lic is valid. Call the DMV driver safety office to confirm (now). To deal with the ticket, I would recommend going to court and requesting a walk in court date. One of our local attorneys (Mark Gallagher http://www.losangelescountywarrants.com) can take care of this sort of case very quickly. Most of the time, our attorneys can get a Failure to appear hold released upon a first court date in LA. Then, the next step is trying to get the court to dismiss the ticket and/or civil assessment. But the drivers license suspension is the biggest part of the problem, followed by the failure to appear charge (that you do not want on your record as a conviction). You can hire an attorney to go to do the work for you as soon as tomorrow and probably get your license back my Monday. Once the hold is cleared, you need to go to the DMV in person to have the license reissued.

11. Jesse January 19th, 2010 at 3:41 am

    Thanks for the blog! I’m in quite the shitty predicament at the moment, I got a jaywalking ticket and failed to show up to the first court date, then I mAde another court date and forgot to show up to that one to,the court said my license is on hold till my next court date, which is 4 months from now, they told me I have to pay 800 dollars to collections if I want it back before my court date, is there anything I can do??

12. Christopher Dort January 19th, 2010 at 8:46 pm

    Jesse, I cannot tel what court this is. But I can tell you this, in Los Angeles County, the traffic court clerk can release a drivers license hold (also known as a Vehicle Code section 40509.5 hold) when a court date is set. But if you do not ask for the release, they ignore it (in a very cruel way). So I would recommend going to the court clerks office (where ever your case is) and tell them that you have a court date set and want the VC 40509.5 hold released. If they say no, ask for a walk in court appearance on the case, and ask the judge to release it. Most courts (but not all) will allow a walk in appearance on some days. Once the hold is released by the court, you do not need to take anything to the DMV, but you do have to go in person to the DMV to pay a reissuance fee and to have a new card issued (in most cases). If it turns out that you really do have to wait 4 months with a suspended license, I would recommend just paying, because getting arrested / car impounded for driving on a suspended license (Vehicle Code section 14601.1) is a $3000-$4000 problem.

13. Launa Ross January 20th, 2010 at 12:33 am

    Hope you can help???
    I have a hold (40509.5) for a litter bug ticket that i received standing on the street.
    1. What does that have to do with my Lis.?
    2. Litterbug ticket,(misd.) is that a valid charge?
    3. Should the fine for that charge be as much
    as 400.00? Now with not appearing be almost 1000.00.?
    I went to court as scheduled and pleaded not guilty and asked for trial and was told to pay the 400.+ I could’nt pay the fine and now im here with a 1000.00 hold.

14. Lola Cruz February 5th, 2010 at 3:00 am

    I have quite a dilemma… I received a traffic ticket in 2005. Back when I first got my driver’s license. I was visiting CA and on my way back home I got pulled over. I didn’t ever get anything in the mail for a court appearance.. Even If I had, I couldn’t show up for court because of how far I live. So now I have a 40509.5 hold on my License. I have to pay 1,544. Violation was for crossing a yellow line on the highway. I didn’t know that you can not enter the car pool lane whenever you want like you can on the highways here in AZ. So besides paying the amount in full all at once what are my options to reinstate my license? For Example, Here in AZ I could go down to the court and request for removal of the suspension as long as I am making payments towards my fine. Please give me all options including any if there is anything I could do without having to go up to El Monte Courthouse. BUT if I have to go down there that will be ok too.. I just want my license back.

15. Dave F March 5th, 2010 at 10:01 pm

    I received a regestration ticket in Ocotbor 09 from the california Highway patrol in long beach Got the regestration but never went to court. Just got a 40509.5 hold. They want 939 or 639 befor the 12 of march 2010. I do not have that kind of money. What are my options. will they take the hold off if making payments

16. Christopher Dort March 6th, 2010 at 5:15 pm

    Dave, what you are reading is a Penal Code section 1214.1(b) warning notice telling you that you need to go to court. You need to go to court before the 12th of March to request a walk in appearance. Get there before 8am, and expect to be there all day. But before you go, take your car and proof of current insurance to a CHP Business Office and ask them to sign proof that you have corrected the problem. They will want to sign either your citation or the notice of Civil Assessment which you are reading from. They will charge you a fee to sign off on the proof of correction. Once in court, tell the judge that you have signed off proof of correction and ask him/her to accept it and dismiss the Vehicle Code section 4000(a) violation. Then ask that the failure to appear charge under Vehicle Code section 40508(a) be dismissed or reduced to an infraction. Then ask that the Penal Code section 1214.1 civil assessment be vacated due to the fact that the court has denied you the due process hearing required by Penal Code 1214.1(d).

    If you get what you want, you should end up with a $25 dismissal fee. If you don’t get it, plead not guilty, demand a jury trial and hire our local attorney sponsor of http://www.Losangelescountywarrants.com, Mark Gallagher to finish the case. Once the Vehicle Code section 40509.5 hold is released, you need to go in person to DMV and pay a re-issuance fee to get your license reinstated. Your license will not be reinstated automatically.

17. Dave F March 9th, 2010 at 4:38 pm

    Christopher,
    Thanks for the help. Went to court this morning 3/9/2010 in Long Beach, CA and was not able to see the judge. They do not have walk in appearances. Got a court date for 8/16/2010 and paid a $10 fee to have the hold released. Have I done the right thing? And now my next step is what you replyed before? For some reason I am still worried about the 10 day thing

18. Christopher Dort March 11th, 2010 at 8:40 pm

    Dave, Once you get a court to release a failure to appear hold (Vehicle Code section 40509.5 hold), the court will notify the DMV electronically, the same day. I’m surprised they charged you. Most courts have stopped charging for the release. It’s a complete rip off to charge you. Anyway, once the hold is released, your drivers license probably will not clear automatically. You need to call the DMV (recommend the driver safety office) and tell them you just got a VC40509.5 hold released and need to know whether or not you have to go in and pay a reissuance fee. If you have missed the 10 day warning deadline, they will require you to go to DMV in person and pay.

    So - for everyone else - once a VC40509.5 hold is released, do not drive at all until you call dmv to verify whether or not you have to pay the DMV reissuance fee. I have had heard from many people who get a VC 40509.5 hold released, but fail to contact DMV only to discover the reissuance fee requirement while their car is being impounded.

19. Hank March 15th, 2010 at 7:32 pm

    I received a ticket for driving on wrong side of the road, which is totally false! I booked a court trial on Feb 11, 2010. After that, I received trial by declaration request form so I sent that too. I appeared to the court on Feb 11, 2010 and I have evidences for that (I still have parking permit for the underground parking lot, and I took pictures while I was waiting for the line). I finally met the receptionist after long waiting and she told me that the court trial was cancelled b/c I sent the trial by declaration form. I went back home, and few days ago, I got a letter from superior court that my driver lic is suspended b/c I didn’t appear to the court. Also the bail amount is $849. The website still shows that my status is in VC40509.5 Hold. Today, I got court’s decision for the trial by declaration and they found no guilty for my case. What should I do with VC40509.5? Should I call superior court first to clear that and go to DMV to reinstate my driver’s lic? I do not want to pay any bail amount or DMV reinstation fee because I didn’t make any fault.

20. Christopher Dort March 16th, 2010 at 5:15 pm

    Hank, you need to double check to make sure that you are talking about one case. Check the case #s to make sure there are not 2 cases out there. Assuming there is only 1 case, the trial by declaration ruling ends the case and is proof that you won.

    I would recommend that you take your notice of Not Guilty to the Traffic court clerk in person. Then ask, “WTF?” and demand they correct their records. Do not try to do it by mail. Go in person. You can probably go in the afternoon to avoid lines.

21. Raymond March 19th, 2010 at 12:42 am

    Christopher, this is a wonderful and very helpful blog. Thank you for taking the time to write the entry and respond to so many questions. I hope you don’t mind if I give you one more… and I’m sorry if this is a little long.

    I got a ticket way back on thanksgiving of last year (+1 year ago) out in Los Angeles while I was still in college, but I have moved back to Chicago in May of 09 after graduating. I was in possession of my friend’s car over the turkey break while he went home so I could drop him off and pick him up from the airport. On the last day of break and on the way home from the airport, I got a ticket from LAPD for rolling a stop sign on the corner turning into the college’s axis road. The ticket also included a broken tail light. I never got the letter of the ticket in the mail, but knew I had to deal with it, so I called into the hotline about 12 times, but never once was able to get through to anyone — call again at a less busy time. I went online, but I couldn’t deal with it because it said I need to attend court to provide proof the tail light was fixed. I tried sending a written contest because his car broke down less than a month later and he sold it to a chop shop, but the letter was never received and I didn’t send certified mail. I couldn’t attend my court date because it was over winter break and I had already booked plane tickets to Chicago, so I postponed the date online. Only the earliest my next date could be set was in June, when I would be gone to Chicago again! I tried to call in more to let them know, but I have never ever been able to reach a person. I don’t live in CA anymore, but my ticket is still out there unpaid. I have never received anything in the mail from the court or from a collections agency even though my address on the ticket is correct. I just found out how to find the cost through your blog by going through GC Services — $844!! I can’t afford that much money, nor can I go back to CA to go to court. Any advice you can offer me would be so very much appreciated. Thanks in advance and keep up the great work helping us who are less informed in legal matters.

22. Christopher Dort March 19th, 2010 at 5:26 pm

    Raymond, if you missed your court date and have a pending failure to appear case - you only have 2 options: 1) go to court; or 2) pay the full bail to end the case (if they will let you). Writing to the court is a waste of time. It never works out well. You can hire an attorney to go to court for you and resolve the case. But beware! If you are focused on the $844 bail, you are focused on the wrong part of the problem. More important issues are: CA DMV is going to suspend your driving privilege in CA if they have not already. Illinois will honor that suspension, and suspend your IL license as well. And secondly - a failure to appear charge under Vehicle Code section 40508(a) is a misdemeanor crime. The main reason you should go to court or hire an attorney to go for you is to make sure you are not convicted of the misdemeanor which is a real crime. Do not ignore the problem and think that it will just go away on its own. It will not go away.

23. Jorge Perez March 19th, 2010 at 9:29 pm

    I received a speeding ticket in Los Angeles for speeding issued by the Los Angeles
    Police department and handled by the Los Angeles Metropolitan Courthouse on 1945 South Hill Street, Los Angeles, CA 90007.
    Therefore I requested an extension until November 27. Before then I had moved back to Oklahoma in Aug 20th (I have an Oklahoma license). At this point my Bail amount went up to 995 dollars with a 300 dollars assessment fee added. And failure to appear fee and referred to GC services. I called them (GC services as per the court instructions) before Nov 27th
    and asked for an abstract, and a court date was set for feb 19th of 2010.
    Since I knew I wasn’t going to be able to travel back into los angeles . I researched online
    for a trial by declaration but when I learned I had to pay full bail
    I never got around to gathering the money. Now I stand with a 995$ bail amount, failure to appear charges,
    and a hold/suspension on my Oklahoma license. What can i do to clear this matter? they would not clear the hold
    unless it was paid in full and an installment plan wouldnt clear the hold either…
    I’m stumped as of what I can do to clear this. 995 is way out of my budget but I need to drive.
    I am now in Virginia and I’m planning on getting a Virginia state license. Will i not be able to get on with a CA hold placed on my CA license? What do you suggest? Thanks in advance

24. Christopher Dort March 23rd, 2010 at 6:12 pm

    Jorge, the real problem here is that you have 2 missed court dates. That kills all of the options for a good result. I recommend that you just pay ASAP. VA will honor the CA drivers license suspension.

25. Jason March 26th, 2010 at 9:29 pm

    I would like to start by saying thanks for having the heart to help us out for free with these questions, and I hope you pick mine to help with also.

    I will be brief. I got a ticket by LAPD for the metro court. It was for not having a license, but I did, so I got it signed off. I never made the payment or mailed the proof, and the courtdate passed, now my ticket is with GC Services and jumped to $869. After a long battle with them I got a courtdate for Sept. 2010, but they will not give me any info about the temporary abstract so I can drive until the courtdate. They told me I have to just go to their window at the court and see if I qualify, and pay $10 if I do. They won’t tell me the qualifications over the phone. I live 3 hours away, so going just to see if I qualify (and possibly being turned down) is very hard for me.

    Do I have to just go to the court to get it and what would the qualifications be? They will not give me a phone number to their window at that court, and the court refers me back to GC Services when I call and enter my ticket info. Please help! Thanks!

26. Sheena April 10th, 2010 at 1:15 am

    To whom it may concern,
    Great you have this blog as I went on line to get info and from DMV and didn’t see any real answers for me. Here’s my situation as follows, it has to do with ticket for not current registration stickers and unpaid ticket. I received a ticket for not having my registration stickers current for 2010 so I got a ticket in February. Can’t afford to pay my registration currently, about $250 plus. Didn’t pay ticket or go to court,etc. Just got a notice that says I need to pay $639 in 10 days or 939 in LA Superior Court. It also says a failure to appear the court has placed a hold on your driver’s license with the dmv. Please help and how do I resolve this? I don’t have even close to the $639 to pay ticket yet need to drive to work somehow. Can I inquire about hardship,etc?Thank you for your time.
    SD

27. Christopher Dort April 14th, 2010 at 4:41 pm

    Sheena, the bad news is that if you cannot afford to register your car, you cannot drive at all. There is no way around that. Driving is a privilege, not a right. The law says only those who can afford the DMV fees are allowed to drive. That is just the way it is. But aside from that, if you go to court and ask for a walk in court appearance, you can prevent the additional penalties and drivers license suspension, which is caused by a failure to appear, not by a lack of money. Get there at 8 am, and go before the deadline on the civil assessment notice. Once in court, ask the judge for more time to register the car and bring in proof of registration. As long as you get into court and ask or more time, you will get more time. But if you do not go, they are going to hammer you.

28. Matt April 14th, 2010 at 6:22 pm

    Hi. I forgot to pay 2 outstanding tickets in Santa Clara County, and they both got slapped with Misdemeanor VC 40509 “Failure to Appear” charges. I paid both tickets off and after checking online at the Santa Clara County Traffic Court website, it says “Dismissed” under the Misdemeanor “Failure to Appear” Charge and “fine imposed” under the infraction charge. Since it says that the misdemeanor has been dismissed, does this mean that I am not convicted of misdemeanors?

29. Christopher Dort April 21st, 2010 at 5:03 pm

    Matt, your misdemeanor charges were probably dismissed, but I cannot tell for sure. Call the court clerk.

30. Traffic Ticket Defense April 26th, 2010 at 6:18 pm

    Nice. You have a couple of great points The issue with law is that it doesn’t always work to the advantage of the victim. It is a system failure and needs to be revised.

31. John April 28th, 2010 at 11:06 pm

    I have two separate citations in Los Angeles county. One from the Sheriff, and one from CHP. Both have to do with my car tabs. My car kept failing the smog check, and even after having it worked on, would continue to fail. I was pulled over on two separate occasions, both times I got hit for not having “adequate” proof of insurances (it was a printout from e-surance). I never made my court dates, and I got the 40509.5 Holds along with the suspended license. Now, the case is with GC collections. The total amount they want is $3,642.00

    I am completely prepared to just pay the fine and get this dealt with, but that is such a giant sum to pay all at once. Is there any possible way for me get the holds taken off of my license, while paying off the amount due?

32. Christopher Dort May 5th, 2010 at 6:33 pm

    John, that is a classic failure to appear 40509.5 suspended drivers license case. The best way to solve it is in court, not with GC Services. I recommend hiring an attorney to do the work, and not paying GC Services. Here is what I would do: 1) go to the courthouse and schedule an arraignment; 2) ask the court to release the vc 40509.5 holds without posting of bail; 3) go to court date and try to get the cases dismissed or reduced to best possible result. I would present proof of your old or even new insurance and try to talk the judge into accepting it. Usually in LA we have been able to get the Veh Code 40509.5 holds released at the time we set the arraignment, because as an officer of the court, the attorney really has to show up once they declare they are the attorney of record. You may be able to get it done yourself, but that’s like trying to re-wire your own lexus, you might get shocked and end up paying more.. Contact our So Cal Sponsor Attorney Mark Gallagher for quote.

33. Jose May 12th, 2010 at 5:14 pm

    Mr. Dort:

    I just recently renewed my licence (online) and was issued a new one; I have a 40509.5 Hold according to the Court Website.

    Does this mean I in fact, have a suspended license? (If, so why would DMV let me re-new and not say anything?)

    It was a three part case. The officer wanted to impound my father’s vehicle but my father arrived just in time to correct the officer and the officer re-veried and said I could go. All of this was after I had signed the violation. I could have sworn he tore it as he sped off and told to me “just go.”

    I never received a notice to appear in court. Just one that stated I missed court and would be sent to collection.

    I went to court. Resulted in dismissal of the tail light,and proof of registration, as we no longer had the vehicle. I showed proof I did have insurance but it was received as valid because the bill statement showed it was from a month after the incident, even though I told them it was a year long policy and that they could verify it by calling the insurance.

    Judge told me to come back with proof on another date and will get it removed and did not want to deal with failure to appear in court until then. I guess he gave a court date and just a deadline to show proof. I was unable to find a record from Progressive.com of my policy.

    Some time after that, I get a notice of failure to appear in a court and that it can only be dealt with the collection agency. I set-up payments and start payments and then I cease to make them as I lost my job.

    I end up finding the actual policy card for the time during which I was stopped and alleged not have insurance. I call the Court and they tell me I need to talk to GCS about my case and GCS tells me I need to talk to the court about opening my case.

    Here, I am with a recently issued licensed and 40509.5 Hold thought the Court system (online).

    Thnx

34. JEREMY SWAIM May 14th, 2010 at 4:10 pm

    i have a fta plus so i paid for an abstract. and the dates just slipped my mind. i was my tickets were sent back to gc sevices two days prir to show up to court. how can i get the holds off without paying gc services? please anything said could be useful. thank you.

    JEREMY from av courts.

35. Christopher Dort May 14th, 2010 at 6:13 pm

    Jeremy, in Los Angeles County, once you fail to appear in court for 2 court dates, and get 2 drivers license suspensions, you are screwed. They are not going to give you another chance. My recommendation: just pay as soon as you can, and do not drive until you confirm with DMV that your drivers license is valid.

36. Christopher Dort May 14th, 2010 at 6:15 pm

    Jose, a Vehicle Code section 40509.5 hold is an instruction from the court to DMV that says “Suspend this persons drivers license”. DMV takes 30 days to put they suspension into effect. If you have a 40509.5 hold, your drivers license is probably suspended. Do not drive at all until you contact DMV and confirm that your drivers license is valid. If you have a 40509.5 hold and have not received anything from DMV, you address with DMV is probably not current. The law requires you to keep DMV notified of your current address.

37. Mandy May 17th, 2010 at 9:19 pm

    To make a long story short, I tried to do a trial by mail with Vista, CA court. Didn’t work out. The court never made a decision and my case was never heard. I did not plead guilty. Two months later my case was sent over to Alliance One. I have been back and forth with them. They told me a lot of stuff that ended up being not true. I found your website and I tried going to the court. They would not assist. That document you wrote out to ask for a new trial, I took down and the clerk refused. I ended up sending it registered mail. I know they have it now, because I tracked it. I am confused of my next steps. Should I go back down to the court? Or should I wait to hear something back in the mail. I included a SASE.

38. Richie May 18th, 2010 at 5:28 pm

    Thanks In advance for this great help.

    I got a ticket for speeding in may 2008 and don’t recall getting anything in the mail as i have moved a number of times since then. A sheriff told me last week that my license was suspended and i have outstanding FTA’s and that there was a $10,000 warrant for my arrest. Needless to say my jaw dropped. I wasn’t driving when he told me. I was walking to my car and he was out there already by my car. So i checked out my case online and it is now with GC services and they told me i had to pay $995 but didn’t say anything about a warrant. Is there anything i can do? I don’t mind paying that much if that’s what i have to do but i don’t want some warrant out for my arrest.

39. Christopher Dort May 19th, 2010 at 6:10 pm

    Mandy, if you have proof that you filed a request for a Trial (and entry of not guilty plea), the next step is to wait 45 days. After 45 days, you can: 1) file a motion to dismiss due to denial of right to a speedy trial (this is what I would do); and/or 2) File a notice of appeal and start to appeal on the ground that they are denying you due process of law (a trial). They will probably respond within 45 days somehow. In many instances that form has worked to get people a trial date. So wait 45 days, then decide if it is worth fighting further. If it is, get ready to APPEAL! Appeal! Appeal!.

40. KIKI May 21st, 2010 at 4:15 pm

    This was the perfect site I was looking for. My dilemma is that I now have 3 FTA. I was young and dumb and was unaware that I had to Show proof that I fix the issues. My first ticket was in 05 and I asked the officer what do I do with this and he said “Oh just fix your rear light bulb and you’ll be fine”. Ok no prob, fixed it, done. Second and third ticket was for registration, well fixed it, done. Then I was conversing with friends and it came out that I needed to show the court that I fixed the problems. Uh-oh!!! Went to the DMV and was notified of the 3 FTA. I did not receive any notice, I was moving quite abit in between those tickets. Also had mail issues around the time of the first ticket, our mail would end up around the corner (stayed on 109th STREET and our mail would be on 109th PLACE) Now I am terrified that if I go to the courts their going to arrest me. Please someone give me an insight on what I need to do so that I dont go to jail. Thanks for any help.

41. Breelyn May 27th, 2010 at 5:40 am

    I have a 40509.5 hold charge. I have a fix-it ticket. I never went to court, but I had the ticket signed by CHP a week later. I lost the ticket when moving 150 miles away. I just wanted to know if I can get my license back and get the fee reduced can this happen? And how will I be able to find out if I have a warrant online?

42. Gianna May 30th, 2010 at 8:57 pm

    I hope you can give me some advice in regards to my situation. Back in 2005 I was pulled over for not wearing a seatbelt in Sacramento county. Well actually is was the passenger who wasn’t wearing one, but since I was the driver I took the resbonsibility for it. Plus, I was cited for ” no proof of insurance.” I did have insurance when I was pulled over, I just didn’t have the paper work in the car. Shortly after I lost my job and I didn’t have a steady place to live. I returned home to the bay area and was able to stay with different friends until I was able to get a steady job and get back on my feet. Unfortunately, during this time I had missed my court date and apparently the Sacramento county court added a failure to appear to the pile. I wasn’t even aware of it until July of 2009.

    So this is where the part of my situation gets a little strange, at least to me….how I found out about the failure to appear was when I recieved a
    renewal in the mail for my DL from DMV. Attached to my renewal was a notice advising me that I must clear the outstanding citation before I can renew my DL. I find this weird…. Reason I find this weird is beacuse in the past 4 years, I have renewed my DL registered multiple vehicles, and I have even appeared in sacrameto county traffic court for a red light violation and this is the first time in 4 years this citation is even mentioned???

    So I called into the county clerk and was advised that I could NOT appear in court because my bail/fine has gone into collections. So I called GC and was told I had to pay in full in the amount of $1600. I was unable to pay in full at the time and decided that I shouldn’t have to pay so much due to the fact that I actually DID have insurance.
    Since I failed to pay, my DL expired on my birthday of 2004. I haven’t been driving since then. Don’t want to risk it.

    I would like to have my day in court so I may prove that I in fact had insurance at the time I was cited back in 2005 so that my bail/fine can be reduced and hopefully the infraction will be dropped.

    How can I make this happen? Is it possible? Do you have any suggestions as to how I can handle this? Any advice would be sincerely appreciated. Thanks in advance!

    Is there any way I can request a day in court? What are your suggestions about my situation?

43. Christopher Dort May 31st, 2010 at 3:23 am

    Gianna, your situation is not weird. You have a violation that was originally correctable, a missed court date, and the court says you have to deal with a Collection Agency. The court claims that because you are late in responding to the citation that you have been found guilty by default. In order to ask the judge to accept your proof of correction (proof of insurance) late, you need to get into court. But even if you do get in to court, the judge can refuse to accept your proof of correction. So getting a court date is not a guarantee of a good result.

    To get a court date you have to request one. The best way to request a court date is go to the court at 800 am on a week day morning and ask for a walk in appearance. If the court clerk refuses your request, then you have to request the court date in writing.

    I wrote the Legal Form for Demand Entry of Not Guilty Plea and Demand for Trial Form for this purpose. You can by my ready to file in court form for $10. The form has worked for many people. It comes with EX instructions. If the form is denied, then it gives you legitimate issues for appeal if you want to keep fighting.

44. Christopher Dort May 31st, 2010 at 3:30 am

    Gianna, your situation is not weird. You have a violation that was originally correctable (Vehicle Code section 14068 in CA), a missed court date, and the court says you have to deal with a Collection Agency (GC Services or Alliance One). The court claims that because you are late in responding to the citation that you have been found guilty by default. Because you did not pay their default judgment on time, the court has asked the DMV to suspend your drivers license under Vehicle Code section 40509.5. The fact that this problem just showed up after 4 years does not matter at all. You need to take care of it.

    In order to ask the judge to accept your proof of correction (proof of insurance) late, you need to get into court. But even if you do get in to court, the judge can refuse to accept your proof of correction. So getting a court date is not a guarantee of a good result.

    To get a court date you have to request one. The best way to request a court date is go to the court at 8:00 am on a week day morning and ask for a walk in appearance. If the court clerk refuses your request, then you have to request the court date in writing.

    I wrote the Legal Form for Demand Entry of Not Guilty Plea and Demand for Trial Form for this purpose. You can buy my ready to file in court form for $10, and filling your info. The form has worked for many people in several CA counties. I cannot tell what county you are in. It comes with EZ instructions. If the form is denied, then it gives you legitimate issues for appeal if you want to keep fighting. If you get the court date, you can ask the judge to accept your proof of correction (proof of insurance for the date of the citation) and dismiss that violation. Then you also have to ask the judge to remove the VC 40509.5 holds related to the case.

    Keep in mind that even if you do get the court date, and take a doy off work to go in and go through all of the stress and frustration, you may get there and find the judge says “NO, you are too late”.

    The real secret in these cases is getting the drivers license hold released prior to paying the fine. Get to court and ask the court clerk to release the drivers license hold because you are there ready to go to court.

45. lee June 23rd, 2010 at 2:40 am

    Please help me, I am making many mistakes. I have failure to appear on three different LA county citations; am I screwed and just pay them?

    I have old citations for a not wearing a seat belt and exp tags in ‘05, an illegal u-turn, and not having my ins card when someone crashed into and totalled my car in ‘08.

    All three citations have gone to collections and I cannot afford over $2500 worth of fines, fees, and penalties to get the holds on my CDL released.

    Can I try to walk-in court and get the amount reduced? What should I do?

46. Christopher Dort June 23rd, 2010 at 6:40 pm

    Lee, if you have multiple failure to appear cases and you have not been able to resolve them correctly yourself - I recommend that you hire an Attorney to do the work for you. I would say contact our local LA sponsor attorney Mark Gallagher at:

    (800) 797-8406
    attorneygallagher @gmail.com
    http://www.socaldefenselawyer .com

    If you had only 1 case, I would say go to the courthouse and ask the court clerk for a walk in appearance. But if you have 3 that are years old, you’re not going to be able to get a good result on your own. Hire a professional.

    If your toilet had been leaking for 5 years and destroyed your floor joists and caused toxic mold to grow in your house, would you try to fix it yourself?

47. Ariana June 24th, 2010 at 6:30 pm

    I was pulled over 3 years ago in the parking structure at Cal State University Long Beach for not having registration and insurance. I thought I had received a fix it ticket of a sort. I thought I had taken care of it by getting insurance and registration. Three years later, I just received a notice from GC Services for failure to appear in court. I have contacted the DMV, and they do not show anything in their system about this.
    GC Services has informed me that they have sent the DMV information on this and that my license will be suspended shortly. I have set a court date. The court date is not until April of 2011. In the meantime, I have to wait? for the DMV to notify me that my license has been suspended? I will continue to call the DMV to find out; so that I can go to the court and get an “abstract” to lift the suspension until my court date. Is there a better way to go about this so that I don’t have to wait for my license to be suspended? I would like to take care of this BEFORE my license is suspended! I was informed by GC Services that I would have to pay the full amount of $1528.00. I am unable to pay that right now, as I was recently layed off.

48. John June 24th, 2010 at 11:12 pm

    I have multiple citations which i have more then one Failure to Appear and Failure to Pay over the last 3 years. I was a stupid kid back then and didn’t take care of it like i was suppose to. And over the last 3 years penalties keep adding up and i have no way to pay the amount.
    All of the citations went to GC services.I don’t know what to do,should i just go to court and try to work something out with the judge? I am unemployed at the moment and its been really hard to get around to really look. I just want to thank you in advance for your time to read and answer my question the best way you can.

49. Christopher Dort June 25th, 2010 at 6:47 pm

    Ariana,

    If you thought that you “had taken care of it by getting insurance and registration”, then you failed to read your citation - especially the part on the bottom by your signature that stated you must appear in court. YOU SHOULD NEVER EVER SIGN ANYTHING WITHOUT READING IT PEOPLE!

    But there is good news, if you can get into court and show proof of correction, you may be able to get the judge to accept it, even though it is technically too late.

    In your situation (assuming this is in the Los Angeles Superior Court), the court clerk could have released the drivers license hold part of the problem when you set the court date - but they are assholes and if you did not ask them to release that hold specifically, (Vehicle Code section 40509.5 hold), they probably did not do it - and your drivers license is going to be suspended.

    This is why it is better to have an attorney’s help in these cases. An Attorney can get your case on the court’s calendar right away, and can probably get that drivers license hold released quickly by going back to the court clerks office. I would recommend that you hire our local LA sponsor attorney, Mark Gallagher to take care of the case correctly, so that you do not have to spend months riding the bus. He is very good at these cases, and it is worth the money in a case like yours, because if he can get the court to accept your proof of correction and save your license, it will save you about $1200. He can be reached at:

    (800) 797-8406
    attorneygallagher @gmail.com
    http://www.socaldefenselawyer.com

50. Christopher Dort June 25th, 2010 at 6:53 pm

    John,

    On the failure to PAY cases, there is almost nothing you can do, because if the case is over and you have been sentenced, the court is not going to reopen the case. But a “Failure to appear” is different. On those cases, I would recommend going to court at 8 am and asking the court clerk for a walkin court appearance to see if you can get something done. If you can get into court, you have a good chance of getting more time to pay or you may be able to schedule a trial and win??????

    If I were doing the work, I would ask the judge to use his/her authority under penal code section 1385 to “suspend” a portion of the fines because it would be “in the interests of justice to do so”.

    If this is a CA problem, I can write a PC 1385 motion for you to take to court with you for $49. Send me an email to cdot@dortlaw.com if you want me to write the motion for you. You can make the motion verbally if you want.

    But the more important part of the problem is the related drivers license suspension that comes with these cases. Make sure you ask the judge to release the drivers license holds, and once they are released, go to DMV in person.

    You should call DMV now to: 1) verify the status of your drivers license (probably suspended); and 2) verify your address is correct with DMV.

51. John July 1st, 2010 at 1:18 am

    Hello Christopher Dort.
    I have a question. Is there any way i can get some kind of temporary licence for just for work and school? My uncle was telling me something about that and wanted to ask you if you know anything about that.

52. Christopher Dort July 2nd, 2010 at 10:18 pm

    John,

    Is this what you are really asking?:

    “If I have a Vehicle Code section 40509.5 hold causing a suspension of my drivers license, is there a way I can get a restricted drivers license for work?”

    The answer is no. There is no way that I know of to get a restricted drivers license when there is a Veh Code 40509.5 hold. You have to take care of the case(s) somehow.

    The best option is usually going to the courthouse and telling the court clerk you want an in person arraignment to get a court date. If they give you an arraignment on a different day, ask the court clerk to release the Veh. Code 40509.5 hold. In the courts that actually follow the law, as soon as you appear for an arraignment, they have to release the hold - even if they have to set one for a date far away. The reason is that you have not been convicted of anything and because you are there, ready to go. You have the right to an arraignment and a trial if you want one.

    An example of a county where the court follows the law and releases the 40509.5 hold after setting of a court date are Los Angeles and Contra Costa. But in LA you have to ask for it specifically or they will not do it for you. Examples of counties that (in my opinion) violate the law by illegally denying a defendant an in person arraignment are: Solano, Solano, and Fresno, Solano,

    Some counties use the VC40509.5 hold as a way to force (inflated) payments to a private collection agency without giving you your right to a trial. In effect, a denial of Due Process of Law and an illegal government taking in Violation of the 14th and 5th Amendments to the US Constitution.

    It boils down to this - some counties use the VC40509.5 holds to strangle the most money out of people. Other Counties realize it is in the community’s best interest to keep people driving legally when they make a good faith effort to go to court. People cant work if they can drive, and they sure can pay fines if they cant work.

    At least that is the best argument if some one out there really wants to appeal the issues. The constitutional issues are sufficient to get you into Federal Court - but that is a lot of work. Suing the Superior Court in the Federal Court? You’ll need a lot of paper.

53. khayree echols July 15th, 2010 at 11:48 am

    hey im in a very bad spot right now. i used to live in los angeles ca and moved to IL he end of 08. recently i am trying to get a cdl in il to drive a school bus i send ca dmv my form w/ mone order to get my driving record sent just to find out my ca DL was suspended for a failure to appear that i had no clue about that was said to have happened in 08 being that im in il is here anyway i can have them remove the hold over the phone or is in person the only way

54. Christopher Dort July 16th, 2010 at 3:44 am

    khayree,

    If you have a drivers license suspension due to a failure to appear on a Los Angeles County traffic citation (Vehicle Code 40508(a); Veh. Code 40509.5 holds), you have 2 options: 1) pay the collection agency in full and wait until they get around to releasing the drivers license hold; or 2) make a court date and appear in court and take care of the case through the court.

    Dealing with the court directly is the best option. They may release the drivers license hold on the same day you set a court date. And you can go to court to present proof of correction if you have it.

    An attorney can go to court for you on this case. In LA, I have had many cases where I got the driver license hold released the same day I got hired or the next day. It can happen fast if you hire an attorney, but it is not free.

    One more advantage to dealing with the case in court is that you may be able to get the failure to appear charge dismissed, and may be able to avoid one or more points on your driving record with skilled help.

    If your livelihood depends on a drivers license that is now suspended in LA, hire Attorney Mark Gallagher http://www.losangelescountywarrants.com to handle the case. He has been getting great results there.

    There is a way to solve the case over the phone: Pay the collection agency by credit card. But that is not the best option. They are over charging you, take forever to release the hold, and you are admitting guilt to everything, including the failure to appear.

    California Driver License Suspensions are honored by other states.

    Once you get the drivers license hold released, you probably have to contact the DMV to pay a reissuance fee. I recommend people do that in person. It is the best option.

55. Arpitkumar Shah July 24th, 2010 at 2:27 am

    Hi There,

    I have this hold (license suspended) may be for year now but I just came to know about this today. I live in Bay area and citation was for LA Court. When I go online it says my case is referred to GC servics. I called GC services and did not get any relevant answer. DO I have any option without paying a amount?

56. Christopher Dort July 26th, 2010 at 6:20 pm

    Arpitkumar,

    No, there is no free way to solve a traffic citation problem with a failure to appear and drivers license suspension. (We call them VC 40508(a) w/ VC 40509.5 cases). You can go to court (or hire an attorney to go for you and ask the court to release the drivers license hold before you have to pay a fine, but it is not easy to do if you do not know what you are doing. In LA, depending on courthouse, we usually charge between $300-$500 to make the court appearance(s) for you.

    Some LA courthouses are horrible, some are easy.

    If you did not know your drivers license was suspended, it was because you were in denial and just ignored the problem. It may also be because your address in not current with the court where you case is pending and DMV.

    To get details on the correct way to solve the problem, contact our local attorney sponsor in LA Courthouses, Mark Gallagher Email: attorneygallagher[at]gmail.com or http://www.losangelescountywarrants.com. He is very good with these cases and can probably have it solved within a couple of days.

    If you are smart, you will not drive at all until the problem is solved correctly (not even to the DMV).

57. Cristian B July 28th, 2010 at 2:05 am

    I got an expired registration ticket on Nov 4, 2009 in Santa Monica. The ticket was due on the 8th of January (it was a fix it ticket)but was then extended till the 28th. On the 6th of January I stopped at my local CHP office (about 160 miles from Los Angeles) to show proof of correction which at that time the officer made me a copy of my ticket showing his signature, badge number and office stamp. He also told me to send to the L.A. Superior Court a check for $25 for fees, so I went to the post office and sent the original ticket and the check for $25 fee. I thought nothing of it as I was going through other issues with my employer and kept me pretty busy dealing with these issues… Well this Saturday I come to find out that I have a Failure to appear and my licence is suspended! Apparently the ticket was lost and so was my check. Now my ticket went to collection company (GC Collections) and they are asking $990.00 (39.6 times the cost of the original ticket!) and I cannot get a court date to show the judge my copy of the ticket and the copy of the check I sent.

    I was referred to the infamous GC collection which told me the only way to get my licence back was to pay the incredible exuberant amount of money requested. I requested an appearance date from GC since the court of los angeles doesn’t want to deal with me and referred the case to the agency and the guy from GC told me it would be at least 6-7 months before my date in front of the judge and that it would be easier to pay the fees than to get the appearance date. I contacted everybody, lawyers, DMV (which she was shocked to hear what had happened and she saw the correction date), I sent an email to the L.A. Court (there’s no number to call and speak with a real person about the matter), I even contacted my State Represantives and they said they might contact GC on my behalf but in the meantime I cannot drive and support my family! Any suggestions? Did this happen to anybody else? I understand that the voltures at GC want the money but why can’t I walk in the court myself? Why can’t I schedule an appearance by walking in?

58. Lisa Ward July 28th, 2010 at 7:00 am

    Hi, thanks for this informative site. Like countless others, I have a Failure To Appear suspension. I have paid the total due through G C Services. On this site, you have said that the collection agency notifies Department of Motor Vehicles that you have paid, that you then go to the Department of Motor Vehicles and pay the re-issuance fee. When I spoke to the idiots, I mean professionals at G C, they said that I had to go to the courthouse and buy a $10.00 abstract. Which is correct? I’d rather only stand in one line if necessary. Thanks.

59. Christopher Dort July 28th, 2010 at 6:23 pm

    Lisa,

    First of all - THE PEOPLE AT GC SERVICES ARE NOT PROFESSIONALS!!!!!!! The term “Professional” refers to a person who has earned a level of knowlege and expertise that allows them to apply for and receive a license to practice a certain skill. The people who work at GC services do not have licenses to do anything!!! (except maybe drive - they might have that). OMG. They work in little shared cubicles with headsets, just like the people who call you when your cable bill is overdue. Actually, they are the same people. Hold on, I have to barf.

    OK - I feel better. But my dog needs a bath now.

    Anyway what they told you is straight up wrong. The $10 fee used to be what the court would charge you to give you a piece of paper to take to DMV called an “abstract” to prove that the hold has been removed by the court. But those days are long over. way over in every court I’ve been to in the last 2 years. Now it is all done electronically.

    Here is my best advice: call the DMV driver safety office near you and see if the Vehicle code section 40509.5 hold is still there. If so, you need to go to the courthouse in person and show the court clerk your proof that you paid and ask him or her (through the bullet proof glass) to release the hold (electronically). Then go to DMV.

    If you do not have proof you paid, you are screwed and you just have to wait - call DMV every day to check on it (This is why it is a TERRIBLE IDEA TO PAY GC SERVICES RATHER THAN DEAL WITH THE COURT DIRECTLY)

    And to the rest of you readers - if anyone ever calls the people at GC Services “Professionals” again, I am going to take your comment, drop it into photoshop, flip it over and upside down, and then put it back in the blog so that it looks like you are really screwed up!

60. Christopher Dort July 28th, 2010 at 6:30 pm

    Cristian,

    Ignore the people at GC Services, go to the courthouse yourself, ask the court clerk for a court date and then go in and try to convince the judge to accept your proof of correction. The people at GC Services have lied to you. I know this, because I have done hundred of these exact cases in the same court(s) and it works just fine. Do not deal with GC Services, do not trust them. Deal witht eh court directly. If you cannot go to court yourself tomorrow, hire our local attorney Mark Gallagher to do it for you: attorneygallagher@gmail.

    Do not delay, your drivers license is probably suspended.

    For the rest of you, never ever send anything to the court without getting proof it was delivered and the date of delivery. The best way to do that is to send it from the US Post Office with proof of delivery requested.

    I hate GC Services. I’m going to put you on the list of potential plaintiffs for the lawsuit we are preparing against them for fraud and civil rights violations. I’ll contact you when we are ready. Anyone else interested in participating can email me at suegcservices@dortlaw.com. No Kidding, that is the email address. Actually phuckgcservices@dortlaw.com will work also.

61. Roger August 11th, 2010 at 12:29 am

    I got a Ticket for driving without my headlights on Feb 24, 2010…I applied and was approved for a 60 day extension but was unable to pay the ticket due to my unemployment. The original bail amount was $242. I just checked the status of it today and the amount is $869 and i have the 40509.5 Hold on my license…now is that really an acceptable amount to pay? I dont have that kind of money..what would you suggest I do?

62. Sam August 16th, 2010 at 11:19 pm

    Greetings!

    I have been pulled over 4 times in the past few months for tinted windows (and no license plate on the front) by CHP. Leave me alone already!

    The equipment corrections are relatively simple, however, for some insane reason which I cannot seem to explain, I let one of the cases go to a failure to appear. The second case is set for Sept 2nd - which I will send in the proof of correction.

    I now have a 40509.5 hold on the first case. Like an idiot, I paid the bail amount ($831) and called GC Services to inquire as to the release date. They gave me the same song and dance that I had to go downtown to the court and get an abstract and then present that to the DMV. I told them that I understood that it was all done electronically and that an abstract would do me no good. They argued with me about that until a supervisor came on and told me the abstract fee would also expedite the update of electronic records - same day.

    My questions are this:

    1. How do I expedite the release of the 40509.5 hold?

    2. Do I still need to go to DMV to have the license reissued?

    3. Since I have now had the equipment corrected - and I have proof evidencing same - can I seek to have the conviction overturned (or expunged) and my driving record restored?

    4. If 3 is a yes, can I seek recovery of the bail amount since the underlying violation was dismissed?

    Thanks!

63. Christopher Dort August 24th, 2010 at 6:28 pm

    Sam,

    After paying a collection agency for a failure to appear case, you need to go to the courthouse in person and ask the court clerk to release the hold. There is no such thing as an abstract anymore. It happens automatically once the court clerk enters the end of the case. There is no abstract fee required by law, and almost no courts actually charge it any more. If a court charged you an abstract fee, when there is no such thing as an abstract any more, I would say its a scam. But then again . .. .

    You do have to go to DMV in person after a VC 40509.5 hold. They charge a reissuance fee.

    If you have proof of correction (which means an officer’s signature on your citation or courtesy notice - not pictures), you can ask for dismissal - but not expungement.

    They are not moving violations, so a DMV record does not matter here.

    You can not re open a case you pay a collection agency for. Once you pay GC Services, the case is over (expect for the part where the court releases the drivers license hold).