Is There Anything I Can Do to Lower a Fine After Sentencing
My question involves traffic court in the State of: California
I got a ticket for using my GPS on my phone at a stop light, as well as for not having a front license plate and having an expired insurance card. My insurance wasnt expired, but the card in the car was.
I missed my court date so the ticket went up to $1900 by the time I went to my second court date. I brought proof of correction for the license plate and for the insurance. But my insurance company sent me a document that the court didn't accept so my fine only got reduced to $865. This is a RIDICULOUS amount to pay for such a ticket. I was told that i can write a letter of consideration tot the judge to try to show her the correct proof and that she can reduce it. But some people are telling me that it's too late and that the letter will not help with anything. What can I do?? My case isn't closed because I have not paid the fine.
Re: Is There Anything I Can Do to Lower a Fine After Sentencing
Quote:
Quoting
Rosterx
My question involves traffic court in the State of: California
I got a ticket for using my GPS on my phone at a stop light, as well as for not having a front license plate and having an expired insurance card. My insurance wasnt expired, but the card in the car was.
I missed my court date so the ticket went up to $1900 by the time I went to my second court date. I brought proof of correction for the license plate and for the insurance. But my insurance company sent me a document that the court didn't accept so my fine only got reduced to $865. This is a RIDICULOUS amount to pay for such a ticket. I was told that i can write a letter of consideration tot the judge to try to show her the correct proof and that she can reduce it. But some people are telling me that it's too late and that the letter will not help with anything. What can I do?? My case isn't closed because I have not paid the fine.
How long ago were you convicted of using your GPS? Is that what was stated in court, or was it using your phone?
Re: Is There Anything I Can Do to Lower a Fine After Sentencing
Quote:
Quoting
Welfarelvr
How long ago were you convicted of using your GPS? Is that what was stated in court, or was it using your phone?
I got the ticket in August. I got a citation for using my cell phone. They don't care that I was using my GPS APP on my cellphone, because the law says that "you can't TOUCH your phone while driving". And that's not my concern, because half of that $865 is from the insurance part. the rest is from my failure to appear. I just need a way to get them to accept my insurance proof.
Re: Is There Anything I Can Do to Lower a Fine After Sentencing
Quote:
Quoting
Rosterx
I got the ticket in August. I got a citation for using my cell phone. They don't care that I was using my GPS APP on my cellphone, because the law says that "you can't TOUCH your phone while driving". And that's not my concern, because half of that $865 is from the insurance part. the rest is from my failure to appear. I just need a way to get them to accept my insurance proof.
Well, just to piss you off a bit more, the law says:
http://www.courts.ca.gov/opinions/documents/F066927.PDF
But, when you got the ticket is not what I asked. When were you convicted?
Re: Is There Anything I Can Do to Lower a Fine After Sentencing
Quote:
Quoting
Welfarelvr
Oh, I was convicted on 2/18/14. I realized after that i could have fought it, but its too late. Thats why at this point I dont really have a choice :(
Re: Is There Anything I Can Do to Lower a Fine After Sentencing
The laws don't change from site to site. I realize you didn't like the answers you got down the street (your profanity proves that quite effectively) but they are nonetheless correct.
Re: Is There Anything I Can Do to Lower a Fine After Sentencing
Quote:
Quoting
Rosterx
Oh, I was convicted on 2/18/14. I realized after that i could have fought it, but its too late. Thats why at this point I dont really have a choice :(
That Guy is the one here who knows the code inside and out so I will have to wait for him to know if it is possible, but it seems you may be in a great place for an appeal. The main problem will be what the officer testified to on the ticket and why I asked the question.
The case I linked ended with:
Quote:
Accordingly, Spriggs did not violate
the statute when he held his cellular telephone in his hand and looked at a map
application while driving and his conviction must be reversed.
It was published on 2/27/14. While it may not be in your appellate district, it is certainly the highest decision on the issue in the state at this time.
One googled site that may help is:
http://voices.yahoo.com/how-appeal-c...n-3490345.html
Better might be:
http://www.courts.ca.gov/11581.htm
http://www.courts.ca.gov/documents/cr141info.pdf
There is a strict deadline for any appeal and you are up against it. You have to get to study right now and work hard over the weekend and make sure you file on Monday to be as safe as possible.
Re: Is There Anything I Can Do to Lower a Fine After Sentencing
Quote:
Quoting
cbg
The laws don't change from site to site. I realize you didn't like the answers you got down the street (your profanity proves that quite effectively) but they are nonetheless correct.
LOL. Correct? Yes. Helpful? No.
Re: Is There Anything I Can Do to Lower a Fine After Sentencing
By the way, there is NO excuse on an appellate deadline. If the appeal is not filed by the deadline, the appellate court does not have jurisdiction. Period.
Re: Is There Anything I Can Do to Lower a Fine After Sentencing
Quote:
Quoting
Welfarelvr
That Guy is the one here who knows the code inside and out so I will have to wait for him to know if it is possible, but it seems you may be in a great place for an appeal. The main problem will be what the officer testified to on the ticket and why I asked the question.
The case I linked ended with:
It was published on 2/27/14. While it may not be in your appellate district, it is certainly the highest decision on the issue in the state at this time.
One googled site that may help is:
http://voices.yahoo.com/how-appeal-c...n-3490345.html
Better might be:
http://www.courts.ca.gov/11581.htm
http://www.courts.ca.gov/documents/cr141info.pdf
There is a strict deadline for any appeal and you are up against it. You have to get to study right now and work hard over the weekend and make sure you file on Monday to be as safe as possible.
Thank you so much. This is actually helpful...and gives me a bit of hope. I will do what I can.
- - - Updated - - -
Quote:
Quoting
Welfarelvr
By the way, there is NO excuse on an appellate deadline. If the appeal is not filed by the deadline, the appellate court does not have jurisdiction. Period.
How do I find out the appellate deadline? My deadline to pay the ticket is late may
Re: Is There Anything I Can Do to Lower a Fine After Sentencing
Look at the links. On a quick glance it is 30 days from judgment, but I do not know precisely what that means in traffic court. So, to be safe, MONDAY.
Re: Is There Anything I Can Do to Lower a Fine After Sentencing
Translation of not helpful; no one was willing to find a way for me to avoid taking the consequences of my actions regardless of whether the law provides a way or not.
Re: Is There Anything I Can Do to Lower a Fine After Sentencing
Quote:
Quoting
Rosterx
I was told that i can write a letter of consideration tot the judge to try to show her the correct proof and that she can reduce it.
You were told this by the judge? The court clerk? Your drinking buddy? The village idiot?
Quote:
Quoting Rosterx
But some people are telling me that it's too late and that the letter will not help with anything.
These "some people" are court employees? Lawyers you have consulted? Your followers on Twitter? People you bumped into at a grocery store?
What did the court find unacceptable about the document you provided?