Q: I received four correctable violations, two have been fixed the other two I haven't been able to because of finances?
I fixed the cracked windshield and brake light but have been unable to pass smog because I can't pinpoint the evap leak yet. I've tried multiple fixes first still no luck. I'm broke and can only afford to fix things one at a time when I can put together the money. Can I get an extension for registering my car and getting a California license? If not what can I expect
A: You can always ask the court for an extension. If you are bi longer eligible for an extension from the clerk, set the matter for trial. At the trial, explain the circumstances to the Judge. Most Jusges will be accommodating to allow time to fix things. Just have your documents and proof of your efforts. Remember your car is still unregistered in the meantime, so be prompt and prudent getting the matter in court and fixing the problems.
If you cannot get is fixed, then you may never be able to. Certain smog violations need to be dismissed in court to avoid problems with the DMV smog referee, so if you are not hiring an attorney who can help and advise, then the safest bet is to fix what you have to fix anyways to keep your registration current, in advance of the due date.
Yes, most judges will give you an extension.
It is uncommon, but possible, for a judge to assert that dismissing a correctable violation is within his/her discretion because not done so by the due date and then not dismiss it.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.