PRESIDIO OF MONTEREY, Calif. - Parking ticket on the Presidio of Monterey or Naval Postgraduate School' Want your fine reduced' Should you contest the citation'
The following information may help a person to decide what course of action is best for that individual.
Tickets received on federal military bases in California may or may not be placed on a person's state driver's license. Some states do place out-of-state moving violations, as well as traffic convictions received on military bases or other federal lands, on driving records. In addition, traffic school is not an available option through the magistrate court.
A standard citation or ticket is issued to an individual by federal law enforcement officers for violations of certain federal laws and, if occurring on concurrent jurisdiction property, certain state laws. Violations charged include improper parking, illegal camping, speeding, civil disturbances, fish and wildlife infractions and other minor offenses. These types of cases are handled by a federal magistrate from the Northern California Federal District Court.
People have the right to dispute their tickets. It is common to spend anywhere from two to three hours at magistrate court. If in fact people believe they did not commit the offenses or the fines are unreasonable for the violations, they may choose to contest the violations. Each individual has to decide if the fine is worth the time to dispute it.
A few things people should consider if planning to fight their tickets include being on time and knowing the location of the court at which they must appear.
Uniformed service members receiving tickets on the Presidio of Monterey will appear in Salinas, at 1000 South Main, Room 214, commonly referred to as the Quadrangle. The phone number is 831-757-7420.
When a person arrives, he or she will wait outside the door to the courtroom until about 8 a.m. Shortly after that, the Special Assistant United States Attorney will appear and provide a briefing. After the briefing, enter the courtroom through a metal detector and be seated in the waiting area. Individuals should not cross from the spectator area into the courtroom's trial area until told or requested to do so.
If a person wishes to contest your traffic ticket, it may take about 30 minutes to an hour to speak with the Special Assistant to the United States Attorney. The SAUSA may allow the person to stipulate to a plea of no contest or guilty with a reduced fine. This is done on an individual basis. Whether or not an individual decides to accept the stipulation, he or she will have to stay in the courtroom until called by the judge, who will then ask if the person agrees. Once the person has agreed, he or she will be issued an envelope that requires postage, if there is a fine, and be given instructions by the clerk of court.
Resources available are the federal public defenders and paralegals travelling to the court from San Jose. They will not represent people; however, they will provide legal guidance should questions arise. In some cases they will speak with the SAUSA on a person's behalf.
Do not contest a citation on the hopes the ticketing officer won't show. People should be aware it is highly unlikely an officer will fail to appear at trial.
Failure to appear will result in a notification being filed with a person's department of motor vehicles. This notification will prevent the person from doing any further business with the Department of Motor Vehicles. Working military uniform or business casual is appropriate dress for this court.
Take pictures of the spot you parked in, especially the curbs if poorly marked. If you ask for a reduced fine, the (SAUSA) may grant a reduction in exchange for agreeing to plea no contest or guilty. You should know that a plea of no contest is not an admission of guilt but an agreement accept the consequences as if you were guilty.
After a violation notice has been issued to a driver, the original violation notice is mailed by the federal law enforcement agency to the national Central Violations Bureau for processing. CVB receives all original violation notices from the issuing agency for entry into a database. CVB mails a notice to appear in court to the defendant four weeks prior to his or her court date. If a defendant pays the CVB the citation amount as indicated on the violation notice before the court date, the case is then closed.
Alternatively, citations designated as mandatory appearance by the issuing officer require that the defendant appear before a U. S. Magistrate Judge at the date, time and place indicated in the notice to appear. If a defendant does not appear, a warrant of arrest may be issued by the U. S. Magistrate Judge.
If you would like to discuss challenging your citation with a legal assistance attorney, call for an appointment at 831-242-5084.
For further information concerning violation protest information visit http://pom- ima.monterey.army.mil/legal/criminal_law/Violation_Protest_Information.pdf.
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