Deligiannis

FACTS

After an automated traffic enforcement camera identified Deligiannis failing to stop at a red light, he was served with a form TR-115 alleging he violated Vehicle Code section 21453, subdivision (a),1 and ordering him to appear at the Central Justice Center in Santa Ana on or before March 25, 2013. The reverse side of the form stated the following: “You must respond by following one of the procedures below by the date on the front (see “WHEN”). If you do not, you may lose your license to drive, and your money penalties may increase.” The form provides options depending on whether the recipient will or will not contest the violation.2 On March 27, 2013, a failure to appear warning letter was sent to Deligiannis and the matter was referred to collections. In June 2013, the court imposed a $300 civil assessment pursuant to Penal Code section 1214.1. The court also imposed a $15 fee pursuant to section 40508.5 for violating his written promise to appear and a $10 fee pursuant to section 40508.6, subdivision (b), an administrative hold processing fee. The court sent Deligiannis notice of the civil assessment. The court sent a failure to appear hold form DD5 to the DMV.

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