Clearing traffic warrants issued while incarcerated

[countryzgirl]

My man has outstanding traffic violations in LA County. He submitted Form 41500 for each citation from prison. The ticket in Santa Clarita County was dismissed. Both LA County tickets now show online status as "40509.5 Holds". I think that means bench warrants were issued.

So, what to do now?
1) He's going to resubmit form 41500. Any suggestions about how to ensure it gets processed properly, please?
2) Now that they are warrants, what other steps should he take?

He's coming home in 2 months and wants this resolved ASAP.

Thanks in advance for any help...

[Patrickj]

Originally Posted by countryzgirl

My man has outstanding traffic violations in LA County. He submitted Form 41500 for each citation from prison. The ticket in Santa Clarita County was dismissed. Both LA County tickets now show online status as "40509.5 Holds". I think that means bench warrants were issued.

So, what to do now?
1) He's going to resubmit form 41500. Any suggestions about how to ensure it gets processed properly, please?
2) Now that they are warrants, what other steps should he take?

He's coming home in 2 months and wants this resolved ASAP.

Thanks in advance for any help...

Here is what VC40509.5 is
V C Section 40509.5 Notice to Department Failure to Appear
Notice to Department: Failure to Appear

40509.5. (a) Except as required under subdivision (c), if, with respect to an offense described in subdivision (e), a person has violated his or her written promise to appear or a lawfully granted continuance of his or her promise to appear in court or before the person authorized to receive a deposit of bail, or violated an order to appear in court, including, but not limited to, a written notice to appear issued in accordance with Section 40518, the magistrate or clerk of the court may give notice of the failure to appear to the department for a violation of this code, a violation that can be heard by a juvenile traffic hearing referee pursuant to Section 256 of the Welfare and Institutions Code, or a violation of any other statute relating to the safe operation of a vehicle, except violations not required to be reported pursuant to paragraphs (1), (2), (3), (6), and (7) of subdivision (b) of Section 1803. If thereafter the case in which the promise was given is adjudicated or the person who has violated the court order appears in court and satisfies the order of the court, the magistrate or clerk of the court hearing the case shall sign and file with the department a certificate to that effect.
(b) If, with respect to an offense described in subdivision (e), a person has willfully failed to pay a lawfully imposed fine or bail in installments as agreed to under Section 40510.5, within the time authorized by the court or to pay a fine pursuant to subdivision (a) of Section 42003, the magistrate or clerk of the court may give notice of the fact to the department for a violation, except violations not required to be reported pursuant to paragraphs (1), (2), (3), (6), and (7) of subdivision (b) of Section 1803. If thereafter the fine or bail is fully paid, the magistrate or clerk of the court shall issue and file with the department a certificate showing that the fine or bail has been paid.
(c) If a person charged with a violation of Section 23152 or 23153, or Section 191.5 of the Penal Code, or subdivision (a) of Section 192.5 of that code has violated a lawfully granted continuance of his or her promise to appear in court or is released from custody on his or her own recognizance and fails to appear in court or before the person authorized to receive a deposit of bail, or violated an order to appear in court, the magistrate or clerk of the court shall give notice to the department of the failure to appear. If thereafter the case in which the notice was given is adjudicated or the person who has violated the court order appears in court or otherwise satisfies the order of the court, the magistrate or clerk of the court hearing the case shall prepare and forward to the department a certificate to that effect.
(d) Except as required under subdivision (c), the court shall mail a courtesy warning notice to the defendant by first-class mail at the address shown on the notice to appear, at least 10 days before sending a notice to the department under this section.
(e) If the court notifies the department of a failure to appear or pay a fine or bail pursuant to subdivision (a) or (b), no arrest warrant shall be issued for an alleged violation of subdivision (a) or (b) of Section 40508, unless one of the following criteria is met:
(1) The alleged underlying offense is a misdemeanor or felony.
(2) The alleged underlying offense is a violation of any provision of Division 12 (commencing with Section 24000), Division 13 (commencing with Section 29000), or Division 15 (commencing with Section 35000), required to be reported pursuant to Section 1803.
(3) The driver's record does not show that the defendant has a valid California driver's license.
(4) The driver's record shows an unresolved charge that the defendant is in violation of his or her written promise to appear for one or more other alleged violations of the law.
(f) Except as required under subdivision (c), in addition to the proceedings described in this section, the court may elect to notify the department pursuant to subdivision (c) of Section 40509.
(g) This section is applicable to courts that have elected to provide notice pursuant to subdivision (b). The method of commencing or terminating an election to proceed under this section shall be prescribed by the department.
(h) A violation subject to Section 40001, that is the responsibility of the owner of the vehicle, shall not be reported under this section.

Amended Sec. 78.5, Ch. 877, Stats. 1998. Effective January 1, 1999. Supersedes Ch. 828
Amended Sec. 40.5, Ch. 747, Stats. 2007. Effective January 1, 2008.
http://www.dmv.ca.gov/pubs/vctop/d17/vc40509_5.htm






In reviewing VC 41500 from what I read VC41500 should take care of this matter
V C Section 41500 Nonfelony Offenses of Persons in Custody Nonfelony Offenses of Persons in Custody

41500. (a) No person shall be subject to prosecution for any nonfelony offense arising out of the operation of a motor vehicle or violation of this code as a pedestrian which is pending against him at the time of his commitment to the custody of the Director of Corrections or the Department of the Youth Authority.
(b) Notwithstanding any other provisions of law to the contrary, no driver's license shall be suspended or revoked, nor shall the issuance or renewal of a license be refused as a result of a pending nonfelony offense occurring prior to the time a person was committed to the custody of the Director of Corrections or the Department of the Youth Authority or as a result of a notice received by the department pursuant to subdivision (a) of Section 40509 when the offense which gave rise to the notice occurred prior to the time a person was committed to the custody of the Director of Corrections or the Department of the Youth Authority.
(c) The department shall remove from its records any notice received by it pursuant to subdivision (a) of Section 40509 upon receipt of satisfactory evidence that a person was committed to the custody of the Director of Corrections or the Department of the Youth Authority after the offense which gave rise to the notice occurred.
(d) The provisions of this section shall not apply to any nonfelony offense wherein the department is required by this code to immediately revoke or suspend the privilege of any person to drive a motor vehicle upon receipt of a duly certified abstract of the record of any court showing that the person has been convicted of that nonfelony offense.
(e) The provisions of subdivisions (a), (b), and (c) do not apply to any offense committed by a person while he is temporarily released from custody pursuant to law or while he is on parole.
(f) The provisions of subdivisions (a), (b), and (c) do not apply if the pending offense is a violation of Section 23103, 23152, or 23153.

Amended Ch. 950, Stats. 1992. Effective January 1, 1993.
http://www.dmv.ca.gov/pubs/vctop/d17/vc41500.htm
You may need to resubmit a 41500 or do a Motion to dismiss 40509.5 The person should also receive something from the courts saying what actions were taken on their 41500 filing I would try the 41500 again before going the Motion route