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My Speeding Ticket is Dismissed, but Court Charges Fee

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  • 08-17-2012, 09:45 AM
    gremlins718
    My Speeding Ticket is Dismissed, but Court Charges Fee
    My question involves a traffic ticket from the state of: CA

    It happens in San Mateo County. My speeding ticket is dismissed after I did the trail by written declaration. The San Mateo Court send out the letter states the case is dismissed and charges $105 fee. Anyone has the same experience?

    Thanks

    G
  • 08-17-2012, 10:09 AM
    That Guy
    Re: My Speeding Ticket is Dismissed, but Court Charges Fee
    Quote:

    Quoting gremlins718
    View Post
    My question involves a traffic ticket from the state of: CA

    It happens in San Mateo County. My speeding ticket is dismissed after I did the trail by written declaration. The San Mateo Court send out the letter states the case is dismissed and charges $105 fee. Anyone has the same experience?

    Thanks

    G

    Get a scan or picture of the "letter", redact all personal identifying information, upload to a image hoisting website and provide link here for us to see said letter!
  • 08-17-2012, 10:35 AM
    gremlins718
    Re: My Speeding Ticket is Dismissed, but Court Charges Fee
    http://i50.tinypic.com/2qbg84o.jpg THANKS
  • 08-17-2012, 11:09 AM
    cdwjava
    Re: My Speeding Ticket is Dismissed, but Court Charges Fee
    It looks like your $234 bail is being returned in full. I wonder if what you think is "105" is actually the initials of someone like "IOJ" - perhaps the clerk or bailiff.
  • 08-17-2012, 11:37 AM
    jk
    Re: My Speeding Ticket is Dismissed, but Court Charges Fee
    Quote:

    Quoting cdwjava
    View Post
    It looks like your $234 bail is being returned in full. I wonder if what you think is "105" is actually the initials of someone like "IOJ" - perhaps the clerk or bailiff.

    definitely a J but it looks like the first two characters could be a 1 and a 0. Is there a section in the law numbered (or partially numbered) "10J" that might address the amount to be charged in a dismissal?
  • 08-17-2012, 11:38 AM
    cdwjava
    Re: My Speeding Ticket is Dismissed, but Court Charges Fee
    Quote:

    Quoting jk
    View Post
    definitely a J but it looks like the first two characters could be a 1 and a 0. Is there a section in the law numbered (or partially numbered) "10J" that might address the amount to be charged in a dismissal?

    No "10J" in any codes, but it might be a local court code for the dismissal.

    In any event, it appears clear that the full bail amount has been ordered refunded.
  • 08-17-2012, 11:39 AM
    That Guy
    Re: My Speeding Ticket is Dismissed, but Court Charges Fee
    Quote:

    Quoting gremlins718
    View Post
    [IMG]http://i50.tinypic.com/2qbg84o.jpg THANKS

    Where do you see that they're charging you $105?

    Little step... One baby step at a time...

    On line (2) it shows: Bail Amount $234

    And that is presumably what you paid...

    And line 5.a. shows: 5. Clerk shall refund to defendant the following amount: a. Bail amount: $234

    And line 5.e. Shows: 5.e. TOTAL AMOUNT ORDERED REFUNDED (a minus d) $234



    I have to keep reminding (or is it lying to) my self that driving a car is not that complicated!
  • 08-17-2012, 11:45 AM
    cdwjava
    Re: My Speeding Ticket is Dismissed, but Court Charges Fee
    The "fee" line after the dismissal has some writing on it that could look like $105 ... that's where the OP got that idea.
  • 08-17-2012, 11:54 AM
    gremlins718
    Re: My Speeding Ticket is Dismissed, but Court Charges Fee
    Yes, I think it is 105 because there is a $ sign in front of those "numbers" or "words". I will go to court and ask the court clerk next week.
  • 08-17-2012, 12:05 PM
    That Guy
    Re: My Speeding Ticket is Dismissed, but Court Charges Fee
    Nice try Carl :D

    (I'm trying not to think too hard for fear I'd come up with something) but I cannot think of one reason why good math skills and driving a vehicle are even remotely related!
  • 08-17-2012, 12:06 PM
    jk
    Re: My Speeding Ticket is Dismissed, but Court Charges Fee
    the J looks nothing like a 5.

    and upon further inspection, I see what appears to be a period (.) between the 1 or I and the 0 or O. and possibly one immediately behind the 0 or O.

    Yes, call if you have any doubts but it clearly states you are to be refunded $234.
  • 08-17-2012, 12:56 PM
    themadnorwegian
    Re: My Speeding Ticket is Dismissed, but Court Charges Fee
    Quote:

    Quoting cdwjava
    View Post
    I wonder if what you think is "105" is actually the initials of someone like "IOJ" - perhaps the clerk or bailiff.

    It is "IOJ" but that's not somebody's initials. The OP is getting his bail refunded in full. If a fee had been imposed by the court, the dollar amount of the fee would have been subtracted from the bail refund. That's not happening here.

    The IOJ is a Pen C §1385 dismissal, those three letters being in the Interest Of Justice. Judges may dismiss under this section for insufficient evidence, see People v. Hatch and People v. Salgado.
  • 08-17-2012, 02:12 PM
    That Guy
    Re: My Speeding Ticket is Dismissed, but Court Charges Fee
    Quote:

    Quoting themadnorwegian
    View Post
    It is "IOJ" but that's not somebody's initials. The OP is getting his bail refunded in full. If a fee had been imposed by the court, the dollar amount of the fee would have been subtracted from the bail refund. That's not happening here.

    The IOJ is a Pen C §1385 dismissal, those three letters being in the Interest Of Justice. Judges may dismiss under this section for insufficient evidence, see People v. Hatch and People v. Salgado.

    He quirtly sneaks out of here and when he appears again, he does it with a HUGE bang!

    Great answer TMN. You ever get YOUR bail back?
  • 08-17-2012, 03:06 PM
    themadnorwegian
    Re: My Speeding Ticket is Dismissed, but Court Charges Fee
    Quote:

    Quoting That Guy
    View Post
    Great answer TMN. You ever get YOUR bail back?

    Thanks! Believe it or not, I had that refunded in May. The tricky part was getting the court to realize that they had prematurely entered an abstract on conviction on my driving record. I was finally able to get that cleared up by showing up at the clerk's office with a copy of the docket showing the dismissal, and a certified copy of my driving record.

    Is your case still pending? I hope it's going alright.
  • 08-17-2012, 10:13 PM
    That Guy
    Re: My Speeding Ticket is Dismissed, but Court Charges Fee
    Quote:

    Quoting themadnorwegian
    View Post
    Thanks! Believe it or not, I had that refunded in May. The tricky part was getting the court to realize that they had prematurely entered an abstract on conviction on my driving record. I was finally able to get that cleared up by showing up at the clerk's office with a copy of the docket showing the dismissal, and a certified copy of my driving record.

    You really don't know how blessed you were TMN. I would have done 10 times ^that^ compared to where I'm at. Not envious at all though, quite the contrary, hopeful and maybe even content that, somewhere out there, it can happen as it was intended. And at the same time, and ironically enough, I am still enthusiastic that I could be part of the process. I sat on the sidelines for a long time.

    Quote:

    Quoting themadnorwegian
    View Post
    Is your case still pending?

    Define "pending".

    I could say "yes, it is still pending", and still say "no, its been decided" and (as always) be right in both instances simultaneously.

    Clearly, from the above, my fight continues. All because my TBD/TDN both resulted in guilty verdict(s).

    Went to appeal (filed) on 07/25/2012.

    Quote:

    Quoting themadnorwegian
    View Post
    I hope it's going alright.

    So far so good... Just filed my proposed statement on appeal 10 or so days ago. (Teary eyed) I just wish Quirky was around to watch it all go down! (Or maybe that bastid IS watching)! Incidentally, I am yet to find out about ANY 22350 appeals filed around the same time as his. I just hope he didn't have to abandon!

    - - - Updated - - -

    Edited:

    Quote:

    Quoting That Guy
    View Post
    ... quirtly ...

    That's supposed to be quietly...
  • 08-19-2012, 11:34 AM
    themadnorwegian
    Re: My Speeding Ticket is Dismissed, but Court Charges Fee
    Quote:

    Quoting That Guy
    View Post
    You really don't know how blessed you were TMN. I would have done 10 times ^that^ compared to where I'm at. Not envious at all though, quite the contrary, hopeful and maybe even content that, somewhere out there, it can happen as it was intended. And at the same time, and ironically enough, I am still enthusiastic that I could be part of the process. I sat on the sidelines for a long time.

    I agree. At the time, I had no idea what to expect. After attending my trial, I realized that this process can be very difficult and I most certainly lucked out.

    Quote:

    Quoting That Guy
    View Post
    So far so good... Just filed my proposed statement on appeal 10 or so days ago. (Teary eyed) I just wish Quirky was around to watch it all go down! (Or maybe that bastid IS watching)! Incidentally, I am yet to find out about ANY 22350 appeals filed around the same time as his. I just hope he didn't have to abandon!

    I wish you the very best with that. Does the DA in LA County make a point of replying to appellant's opening briefs? I was amazed that in Kutori's case the prosecutor never replied, but the judges ended up effectively championing the People's side of the case. My admittedly naive interpretation was that if the prosecutor didn't respond, the People were conceding their case.
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