$236 California Cell Phone Ticket

My question involves a traffic ticket from the state of: CA

I'm going to court to fight this ticket next week. I've researched on-line and read other posts. I called the clerk and asked for a breakdown of the fine, but to no avail. She said it consisted of diff. assessment fees, court fees, health security fees, etc. but wasn't able to provide me with an actual breakdown.

I was expecting the ticket to be like $140, but when I got the notice to appear in the mail it was $236. I asked the clerk about this and she said it could be b/c I had prior moving violations...which I do have, but still (106 in a 70 $858 and 88 in a 70 $360 both in the same exact county: Kern. I was headed up to the Bay Area for a visit..I live in San Diego). How can they base a cell phone ticket off of priors?

I'm going to fight this...just wanted to see if any of you had any tips or suggestions?!

When I go to court do I plead not guilty and then they assign me a new court date and I have to come back? Or do I plead not guilty and then the judge asks for my defense and we can handle it right then? What if I go on my court date and the cop isn't there...will it be automatically dismissed? The clerk told me I could go to court before my court date...if the cop was going to be at my assigned court date, but I go at an earlier date and he's obviously not there, will it get dismissed as well?

After I do plead not guilty and if the judge finds me guilty right then, would it be a bad idea to ask for a reduced fine at least?

Thanks in advance!

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Quoting vestrada0102

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My question involves a traffic ticket from the state of: CA

I'm going to court to fight this ticket next week. I've researched on-line and read other posts. I called the clerk and asked for a breakdown of the fine, but to no avail. She said it consisted of diff. assessment fees, court fees, health security fees, etc. but wasn't able to provide me with an actual breakdown.

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There are several that apply. You can go to the courthouse and they ought to be able to provide a breakdown for you, or call the clerk of the court and they might be able to do so as well. But, most the staff likely have little more than a screen that gives them a total.

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I was expecting the ticket to be like $140, but when I got the notice to appear in the mail it was $236. I asked the clerk about this and she said it could be b/c I had prior moving violations...which I do have, but still (106 in a 70 $858 and 88 in a 70 $360 both in the same exact county: Kern. I was headed up to the Bay Area for a visit..I live in San Diego). How can they base a cell phone ticket off of priors?

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Well, the state guidelines indicate it should be about $159 - $189 for subsequent violations.

I believe they can also charge a small fee ($10 if memory serves) for each prior within 36 months as an administrative fee. That might put your total at $179 or thereabouts. Perhaps another call to the court might be worthwhile.

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I'm going to fight this...just wanted to see if any of you had any tips or suggestions?!

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Was it obvious that you were talking on the phone? On cross examination you can see if you can get the officer to admit not seeing you clearly or some such thing. Did you admit to chatting on the phone to the officer? Was it on speaker? Was it to your ear with your mouth moving? Sometimes there is not a whle lot to do aside from hoping the officer does not show.

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When I go to court do I plead not guilty and then they assign me a new court date and I have to come back?

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The first hearing will be the arraignment. if you plead "not guilty" you will be provided a trial date. The judge will not hear a defense at that time, and the officer will NOT be present at arraignment. The officer will get a subpoena for the trial date, not for the arraignment.

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After I do plead not guilty and if the judge finds me guilty right then, would it be a bad idea to ask for a reduced fine at least?

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The base fine is $20 so there is not much room to drop. The court might have some options, and I know some courts offer community service in lieu of payment, but I do not believe that is a universally accepted option.

If you go to trial & are found guilty; the judge will not lower your fine. You'll get the full monty.

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Quoting cdwjava

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There are several that apply. You can go to the courthouse and they ought to be able to provide a breakdown for you, or call the clerk of the court and they might be able to do so as well. But, most the staff likely have little more than a screen that gives them a total.

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First off, thanks for replying! I know there are several fees that apply...I like to call them garbage fees. I believe I did speak with the clerk, but they weren't able to provide me with an itemized cost. She said that it's processed somewhere else before they get it so she wasn't able to give me the breakdown. Maybe she was the wrong person to speak with, however, so I'll give the court a call back and see if I can get a breakdown.

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Quoting cdwjava

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Was it obvious that you were talking on the phone? On cross examination you can see if you can get the officer to admit not seeing you clearly or some such thing. Did you admit to chatting on the phone to the officer? Was it on speaker? Was it to your ear with your mouth moving? Sometimes there is not a whle lot to do aside from hoping the officer does not show.

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I wasn't talking on the phone...I was holding it in my hand. I told the officer that I wasn't talking on the phone. I was chewing gum and had the music on (singing) so perhaps that's why he assumed I was talking on it. I even showed him my earpiece (a single earpiece/mic with a wire that connects to the phone...I don't like bluetooth) that I use to talk which was on the passenger's seat. I told him..."If I was talking on the phone, then why wouldn't I use my earpiece that I have right here?" I showed it to him and asked him to write a note on the ticket or somewhere stating that I had an earpiece and that I showed it to him. Of course he didn't though. He said they don't do that or something.

Ok, so I'll go next week and plead not guilty. I'll be given a trial date. Do I have to pay the fine at that point? Or no because I have a trial date to attend in the future? (I've been saving money to pay this damn ticket, but if I don't have to pay it right then, then I can use some of that cash to pay some other bills! hA!)

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Quoting vestrada0102

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Ok, so I'll go next week and plead not guilty. I'll be given a trial date. Do I have to pay the fine at that point? Or no because I have a trial date to attend in the future? (I've been saving money to pay this damn ticket, but if I don't have to pay it right then, then I can use some of that cash to pay some other bills! hA!)

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Most, if not all courts will require you to post bail (equal to the fine amount) before a trial date is scheduled (which will be refunded to you (6 to 8 weeks after) if found not guilty/citation is dismissed). You can request that the judge allow you a release "on your own recognizance", but there are no guarantees that he/she would agree. You can try though... Worse that can happen is he/she will say no.

Ok, so I'll be like...Can I please have a release on my own recognizance, your honor? And that means...that I can pay the fine if found guilty at a later date?

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Quoting vestrada0102

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Ok, so I'll be like...Can I please have a release on my own recognizance, your honor? And that means...that I can pay the fine if found guilty at a later date?

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Yes and yes... Just keep in mind that the judge might be like: "But I got a courtroom full of people who would rather not post bail BEFORE the trial... If I let you O.R., then I'd have to do the same for them"...

It still won't hurt to ask.

I have gotten ROR on traffic tickets before. You gotta ask to get it!!

I'll be interested to hear how your trial goes. I think, given your explanation, there should be no possible way that a court find you "guilty, beyond a reasonable doubt". However, as I have often said, justice is no where to be found in traffic court.

Thanks so much! I'll post an update as soon as it goes doowWWn! hA

I went to court today and pleaded Not Guilty...my trial has been set for April 27th. I didn't even have to request a release on my own recognizance and they didn't charge with the bail, either. THUMBS UP to that!

Since I pleaded not guilty, what happens if they end up finding me guilty? Do you think I have to pay even more than the initial $236?