Not a Clarity but maybe you can advise

To answer your last question, I am pretty sure only a lawyer would be allowed to appear on her behalf in court.

You are probably seeing the same Google searches as I am, hard to find information about what happened to people charged with 5201.1 when they went to court. Or if they found a way to avoid going to court. One person mentioned that their lawyer got it dismissed, with no other details, could be that the lawyer went there in person.

Also I am still not certain whether or not you can do trial by written declaration because the California court website is vague on this topic in some ways (suggest start with https://www.courts.ca.gov/8450.htm ) As I mentioned they said on the website it is only an option if "Your ticket or courtesy notice does not say that you must appear in court.", but then in other places they indicate that notice to appear is pretty standard for traffic tickets. I'm guessing that written declaration is only available for tickets that allow you to mail in the fine (or pay online) if you don't contest the ticket, but if you want to contest it, written declaration is a method available to avoid an actual court appearance. But if the ticket has a notice to appear date then written declaration is apparently not on option. Hopefully your visit with the court clerk will answer this question definitively.

I assume that the "Not-correctable" box is checked on the ticket. This seems a moot point anyway, since the citation is not for driving with a non-reflective plate, which is something you can "fix". She is charged with altering the plate, so technically this can't be fixed, no more than giving back a shoplifted item "fixes" a shoplifting charge. That being said, apparently there is no law against driving with non-reflective plates, which apparently is the reason that some police use 5201.1(c) for enforcement. Whether the officer actually believed that the plates were altered we will never know, but that's what he charged her with. It's possible that the courts are aware that officers are doing this, and if you are really lucky when you visit the court clerk, ask if the ticket can be changed to correctable and they might say yes, which apparently is possible even if the officer checked the box. Or at least if judges are aware that officers do this then if it goes to trial you might find a sympathetic judge who will believe her that there was no intentional altering and dismiss the case.

Either way, if it does go to trial before a judge, the officer has to present evidence that the plate was altered, by her. He won't have the plate as evidence and will be trying to convince the judge based solely on what he observed about the plate. And he has to convince the judge that she altered it. I would guess that if a lawyer represented her that would be his tack, rather than try and prove that the plate wasn't altered, the lawyer would say there is no evidence that your daughter-in-law altered it. For that reason I would guess that most people who go to trial on this usually win especially if they have a lawyer with them. A local traffic lawyer might be able to give you their opinion on how these cases usually go.

Even if your daughter-in-law can probably win in court, this will likely require two court appearances (arraignment and trial) or she can waive the right to arraignment and she only has to show up for the trial. Or she might be able to plead no-contest at the arraignment and just pay the fine. Pleading no-contest might even lead to a dismissal if she says the right things if the judge asks why she is pleading no-contest (they apparently like to make sure the defendant is aware of what this plea means). The lawyer that you talk to might be able to advise on the non-contest option also, which the lawyer might be able to do on her behalf.

I am of course just offering opinions and I know that you are not taking this as legal advice. But my opinion is:

Step 1 - go to the court to find out your options
Step 2 - then contact a local traffic attorney in that area for advice on your next step.

 

Hello KClark,

I just received a citation for violation 5201.1 as well today and found your thread while researching what my options are. The ticket I received is basically the same as the one your daughter received, where there is a court date but no location or other information offered. I was also confused when I received the citation as I have never messed with the coating on my plate (which is over 15 years old I believe).

I was wondering what you ended up doing and what the result was? Any advice based on your experience would be much appreciated.