instruction for petition to vacate civil assessment - Superior Court of ...

COURTESY NOTICEA courtesy warning notice is mailed to the address listed on the citation. This notice isusually received within 21 days from the date the citation was issued. The notice containsinformation about the requirements and options available for resolving the ticket, such as:Amount of the bail (fine) and due date;Proof of correction information for compliance violations; andTraffic School and Scheduling information.Failure to receive a courtesy notice is not a legal excuse for failing to respond to acitation.It is not mandatory that the Court send you a Courtesy Notice. By signing thecitation, in front of the Officer, you have agreed to appear and/or respond to thecitation in lieu of being arrested.Failure to appear or resolve a citation on or before the due date, or failure to appear at ascheduled hearing may result in:A DMV hold against your driver’s licenseImposition of a $300.00 Civil Assessment in addition to the fineIf you fail to appear or resolve a citation, a Notice of Civil Assessment will be mailedto the address on the citation.If you fail to appear or fail to respond to a citation and a Civil Assessment has beenimposed, you are no longer entitled to a hearing to contest the citation. In order to resolvethe citation, and clear your license, you must do one of the following:Pay the bail (fine) amount and the $300 Civil Assessment.Pay the $300 Civil Assessment and request Community Service in lieu of payingthe fine. Your license will not be released until the Civil Assessment is paid andproof of completion of all Community Service hours has been submitted to theCourt (Vehicle Code §40509.5).If you have a correctable violation, within 60 days of the Notice of CivilAssessment, you may present proof of compliance and pay the $25 compliancefee per violation and the $300 Civil Assessment. After 60 days you must pay thefull bail (fine) and the $300 Civil Assessment (Vehicle Code §40522).If a decision has not been made on your traffic citation, you may file a Requestfor Trial by Written Declaration and post the full bail and the $300 CivilAssessment to contest the traffic violation. Your declaration, as well as theOfficer’s declaration, will be referred to a Judge for decision. You will be notifiedof the Court’s decision by mail.Revised 03/05/2013

INSTRUCTION FOR PETITION TO VACATE CIVIL ASSESSMENTWhat is a Civil Assessment? A Civil Assessment of $300 is imposed against anyonecharged with a Vehicle Code violation or local ordinance that has: 1) failed to post bailon time; 2) failed to appear for a scheduled court date; 3) failed to pay a court-orderedfine by the due date; or 4) failed to comply with any other court-ordered obligation by thedue date. (Penal Code §1214.1)This Civil Assessment is imposed in addition to, and separate from, any fine connectedwith the traffic citation. You are required to pay the Civil Assessment even if youeventually contest your traffic citation and win.Can I Have the Civil Assessment Vacated? You may within 20 days of the Notice ofCivil Assessment, ask the Court to vacate the Civil Assessment if your failure to appear orfailure to comply was caused by one of the following:1. Hospitalization2. Incarceration3. Active Military Duty4. Death of a Member of the Immediate FamilyThese are the only permitted grounds for the Court to vacate a Civil Assessment.How Do I Petition to Vacate the Civil Assessment? To request that the CivilAssessment be vacated, you must:1. Submit payment for the full bail and the $300 Civil Assessment.2. Fill out the Petition to Vacate Civil Assessment.3. Provide documented proof of the reason for your failure to appear or pay.Examples of documented proof are: records of admission and discharge from thehospital; court orders to remand into custody and/or records of release from custody;appropriate military orders for active service; or death certificate and proof ofrelationship to the deceased. The period of hospitalization, incarceration, military duty, ordeath of immediate family member must coincide with the failure to appear or failure tocomply date.What Happens After the Petition is Filed? Your Petition to Vacate the CivilAssessment will be referred to a Judge for decision. Once the Court has received thePetition and supporting documents, a decision will be made either to grant or deny yourPetition.You will be notified of the Court’s decision by mail. If the petition is granted, the CivilAssessment will be vacated, and a refund for the $300 Civil Assessment will be sent toyou.The Traffic Civil Assessment Window is located in Room 101, Window 10Assistance is available Monday – Friday 8:30 – 11 a.m. and 1 – 3 p.m.Revised 03/05/2013