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What Happens if You Refuse to Sign a Traffic Citation

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  • 01-17-2013, 07:38 PM
    matt4200
    What Happens if You Refuse to Sign a Traffic Citation
    My question involves a traffic ticket from the state of: California

    Just curious as to what the law allows in California if a person were to get pulled over and cited for a 22350 vc for going 15mph over the posted speed limit and the individual were to refuse to sign the citation.
  • 01-17-2013, 08:39 PM
    themadnorwegian
    Re: What Happens if You Refuse to Sign a Traffic Citation
    You could give it a try and report back. :P

    In all seriousness, what do you think will happen? If you refuse to sign a notice to appear, then the officer has to take you into custody until you can be brought before the magistrate. Seen penal code 853.5 and Vehicle Code 40306 and 40307.
  • 01-17-2013, 09:40 PM
    cdwjava
    Re: What Happens if You Refuse to Sign a Traffic Citation
    Quote:

    Quoting matt4200
    View Post
    My question involves a traffic ticket from the state of: California

    Just curious as to what the law allows in California if a person were to get pulled over and cited for a 22350 vc for going 15mph over the posted speed limit and the individual were to refuse to sign the citation.

    The person refusing would likely to go jail and be held until he was able to be seen by the court. Or, in a generous county, they might release him (or her) when they agreed to sign the citation.
  • 01-17-2013, 10:03 PM
    matt4200
    Re: What Happens if You Refuse to Sign a Traffic Citation
    So you can be placed under arrest and thrown in jail for a minor traffic citation like speeding or talking on the phone while driving?

    It's my understanding that some courts allow people to serve a couple days in jail in lieu of paying a traditional fine if they lack funds, so if the person were to refuse and be held in custody would the time in custody while awaiting arraignment count as time served towards that or not generally?
  • 01-17-2013, 11:02 PM
    cdwjava
    Re: What Happens if You Refuse to Sign a Traffic Citation
    Quote:

    Quoting matt4200
    View Post
    So you can be placed under arrest and thrown in jail for a minor traffic citation like speeding or talking on the phone while driving?

    No. But, you can be arrested and thrown in jal for failing to sign a citation.

    Understand that the citation is a promise to appear and is issued IN LIEU of a custodial arrest. You can always demand to see a magistrate, and that generally means you go to jail until a judge will see you - usually in about 48 hours (more if over a weekend or Holidays).

    Quote:

    It's my understanding that some courts allow people to serve a couple days in jail in lieu of paying a traditional fine if they lack funds, so if the person were to refuse and be held in custody would the time in custody while awaiting arraignment count as time served towards that or not generally?
    That pre-court time is not likely to give you a pass. But, if later convicted, some court somewhere might reduce the fine commensurate with time served. I don't recall it being done, but I suppose it could be if some judge wanted to.
  • 01-18-2013, 01:20 PM
    themadnorwegian
    Re: What Happens if You Refuse to Sign a Traffic Citation
    Quote:

    Quoting matt4200
    View Post
    It's my understanding that some courts allow people to serve a couple days in jail in lieu of paying a traditional fine if they lack funds, so if the person were to refuse and be held in custody would the time in custody while awaiting arraignment count as time served towards that or not generally?

    That's true for misdemeanors, but infractions, by definition do not carry the possibility of jail time. Penal Code 1205(a) is clear that imprisonment in order to satisfy a fine is limited to the term that the defendant might be sentenced to imprisonment for the offense. Since you can't be sentenced to jail for a traffic offense, you can't serve jail time instead of paying the fine. The Cal Attorney General says that, "courts can enforce a judgment of fine for an infraction only by same means available for enforcing civil judgments." 63 Ops Cal Atty Gen 418 (1980). That's why these things eventually end up going to collections.

    However, if you make an arrangement with the court to pay a fine at a later time, or pay in installments, but you fail to re-appear or pay on time then you can end up in jail. If you get an arrangement where you pay at a later day, you'll be required to later appear in court to pay the fine. If you are on a payment plan, you need to make those payments on time. A willful violation of an order to appear can be punished as contempt, and it's against he law to willfully fail to pay the fine. Both of these are misdemeanors and can carry jail time. See VC 40203(a) and 40508(b), respectively.
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