VC 21655.5 - California HOV Violation
My question involves traffic court in the State of California (Los Angeles county): My 19 year old son just rec'd his notice for a HOV violation and the fee (bail) is $522 and the traffic school fee would be $572 if he were to opt for that route. But my understanding is 21655.5. is NOT a point on your insurance so I don't see the point of traffic school. Correct?? He is a student and does not work so the hefty fee is huge to him. What is the best option to get the fee reduced? Show up in court and plead guilty and ask the judge for a $ reduction or community service if that is an option? Is that likley a judge will consider a redcution? Don't you then also have court fees added to the situation??
Re: 21655.5. California HOV Violation
Quote:
Quoting
berodda
My question involves traffic court in the State of California (Los Angeles county): My 19 year old son just rec'd his notice for a HOV violation and the fee (bail) is $522 and the traffic school fee would be $572 if he were to opt for that route. But my understanding is 21655.5. is NOT a point on your insurance so I don't see the point of traffic school. Correct?? He is a student and does not work so the hefty fee is huge to him. What is the best option to get the fee reduced? Show up in court and plead guilty and ask the judge for a $ reduction or community service if that is an option? Is that likley a judge will consider a redcution? Don't you then also have court fees added to the situation??
Since this is LA county, double-check the ticket and make sure it says 21655.5(b) rather than 21655.8(a). .5b is a non-moving charge, but .8a is! yes, there's no point in doing traffic school for a .5b violation.
As for fine reductions, it's really up to the individual judge presiding over the arraignment. Since your son isn't working, have him drive down to the court and watch a few arraignment calendars (often known as walk-in court) to see if the judges are generally receptive to requests for fine reductions or not.
From my limited court observations last summer, I never saw judges reduce fines if someone pleaded 'guilty with explanation' to simple tickets like speeding or carpool violations. Because the fines went up substantially this year, more judges might be open to dropping the fines.
In any case, the next step for your son is to attend his arraignment and enter a plea. With some luck, the judge will call a bunch of cases before your son's and he'll know which way the wind is blowing during that particular court session. If it doesn't seem like the judge is open to reducing the fine, just have your son ask the judge for a fine reduction BEFORE entering a plea of guilty or not guilty. If you say 'guilty' you won't be able to retract it if the judge won't budge on the donation amount.
If the judge won't budge or insists you enter a plea first, feel free to go ahead, enter a plea of not guilty, waive time, and proceed with trial by declaration. I actually managed to win my one and only 21655.5b ticket when the officer didn't file his declaration due to transfer or retirement.