I had a pending (unresolved) traffic ticket when I was incarcerated. What happened to it?

If you were formerly incarcerated in a California state prison: Under state law, the DMV must dismiss most non-felony traffic tickets that were pending when you went to prison. A ticket is “pending” when the court has not yet made a decision in the case (meaning, never ordered you to pay the fine). Only tickets for misdemeanor traffic offenses and infractions can be dismissed under this law. Parking tickets CANNOT be dismissed this way.[2245] PLEASE NOTE: this rule only applies to people who were incarcerated in state prisons!

Additionally, your traffic ticket CANNOT be dismissed if:

    You got the ticket while you were on parole;[2246]
    The ticket is for an offense that would require the DMV to automatically revoke or suspend your driver license if you were convicted;[2247]
    You are serving your sentence in county jail under Realignment.[2248]
  1. 2245

    Cal. Veh. Code § 41500 (no prosecution for a non-felony violation of the Vehicle Code pending at the time of commitment to custody). ↑

  2. 2246

    Cal. Veh. Code § 41500(e). ↑

  3. 2247

    See Joseph v. Sup. Ct., 9 Cal. App. 4th 498 (1992). Violations that require the immediate suspension or revocation of the offender’s driver’s license include first DUI convictions resulting in injury, third DUI in 7 years, hit and run, reckless driving causing bodily injury, reckless driving in evading a police officer, and vehicular manslaughter. ↑

  4. 2248

    See People v. Lopez, 218 Cal. App. 4th Supp. 6 (2013). ↑