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  1. #1
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    Oct 2019
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    Question First 223568 Vc1 Ticket with $238 Without Correction- Best Resolution for Wife

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

    Hello house and thanks for the existence of this forum. I have read some posts which were good guides but need a more tailored response to mine PLEASE PLEASE. It has been a bit hard lately financially.

    My wife was driving the family (me and 3 minors) on way back from Phoenix on I-10. I normally drive on these kind of journeys but as i was not feeling well. It was appropriate for her to drive. I believe I set the speed limiter on the car at 70mph for her as a caution for the safety of all of us in the car whilst avoiding the risk of citation for speeding. I later on in the journey fell asleep only to be woken up by her saying the Police was following her after joining the freeway from the middle reservation of the freeway somewhere after Blythe but before Indio. In panic and not knowing what to do she went on to park on the middle reservation. The Police car parked on the right. She later rejoined the freeway to carry on then the police engaged the siren and she then stopped on the right side of the road. The officer approached my side (front passenger) to say that she was caught on the radar speeding and observed doing 95,98 and 80. The writing was very bad and really difficult to read and not certain of all observation except the 80. He however booked her for approx 80 in 70 mile max road.

    I mentioned to him that I set the speed limiter and did not believe she was going at the speed quoted but did not argue with him. He warned that he would see what he can do which is the ticket she got. Aside of the above it appears the last name was written wrong (a middle letter was mis-spelt) and this manifested wrongly in the courtesy notice from the court. Also in booking the ticket he was given the Registration document, Driver License and Insurance. He ended up stating the ownership as same as the driver which is wrong as I own the car and the last name on the reg doc (Mine)and her DL (her Maiden name) were different but address of owner is the same. The insurance was done in both names.

    He warned that if we go to court he will request the consideration of the higher limit which may result in suspension of my wife's driver license. Very scary for her as she needs the use of the car for daily run about and school shuttles.

    Is there any argument in the issuance of the ticket that may warrant dismissal or mitigation of the citation to reduce cost. Is it arguable that she recognizes her responsibility of driving her family and would normally drive at speed quoted and did not believe she was driving at the speed as a duty care to the whole family.

    Can anyone provide an honest opinion for best resolution as she will rather like a dismissal if possible and arguable in California.

  2. #2
    Join Date
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    Default Re: First 223568 Vc1 Ticket with $238 Without Correction- Best Resolution for Wife

    I have no idea what you mean by "speed limiter" or "middle reservation." I don't know of any car that has a feature that you can set the speedometer to not exceed a speed. If you are saying that she pulled over on the freeway in the emergency lane, that wasn't the correct thing to do. Misspellings on a ticket aren't a basis for dismissal, it's simply a notice of the offense and her signature is her promise to appear. I would assume that she is eligible for traffic school and I would suggest she choose that option. The fines on moving violations in CA are very high no matter what the offense.

  3. #3
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    Default Re: First 223568 Vc1 Ticket with $238 Without Correction- Best Resolution for Wife

    The court will take into consideration the speed on the citation, not the range of speeds the officer said he observed.

    I'm assuming this is the offense for which you were cited: 22356(b) No person shall drive a vehicle upon that highway at a speed greater than 70 miles per hour, as posted.

    The fine is based upon the speed on the cite and that will be the offense she has to address in court. She can go to court and argue that she was not traveling at the speed, and the officer will testify that she was. In the end, if it is her word against the officer's she will probably be convicted. Though there is always a possibility that the officer will not show in court. Whether this is a chance she wants to take or not is up to her. She should have the option of traffic school available to her but such an option may NOT be available to her if she goes to trial and loses.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  4. #4
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    Default Re: First 223568 Vc1 Ticket with $238 Without Correction- Best Resolution for Wife

    Thanks for your comment

    I appreciate this detailed explanation of options. But can she ask for a reduced fine as she is currently unemployed.

  5. #5
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    Default Re: First 223568 Vc1 Ticket with $238 Without Correction- Best Resolution for Wife

    Quote Quoting Jeed
    View Post
    Thanks for your comment

    I appreciate this detailed explanation of options. But can she ask for a reduced fine as she is currently unemployed.
    She can ASK, but usually there is little room for reduction since the fines and assessments are largely statutory. The base fines are relatively small. It is the state-assessed fines and fees that add up. The court can, however, make allowances for a payment plan.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  6. #6

    Default Re: First 223568 Vc1 Ticket with $238 Without Correction- Best Resolution for Wife

    It is the state-assessed fines and fees that add up
    Are these statutory and only the base fine discretionary?

    Edit: I found a summary on this here (pages iii and iv). It seems as though most of the fines and fees are based upon the base fine so lowering the base fine would lower the total fine dramatically. Is this not the case?

  7. #7
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    Default Re: First 223568 Vc1 Ticket with $238 Without Correction- Best Resolution for Wife

    Quote Quoting B.Frank
    View Post
    Are these statutory and only the base fine discretionary?

    Edit: I found a summary on this here (pages iii and iv). It seems as though most of the fines and fees are based upon the base fine so lowering the base fine would lower the total fine dramatically. Is this not the case?
    Sort of. Many of the fees and assessments are state-mandated, and local fees are often prohibited by court rules and local practice.

    However, keep in mind that just about EVERYONE asks for a lower fine. Who shrugs it off and wants to pay the full bore? So, do not be surprised if any plea for a reduced base fine or local assessments are rebuffed. You can ASK, but in my experience it is exceedingly rare to receive a real break.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  8. #8
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    California
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    Default Re: First 223568 Vc1 Ticket with $238 Without Correction- Best Resolution for Wife

    Understand, however, that if she wants to keep this point off her license by doing traffic school, she can't make payments. The entire bail must be submitted with the request.

  9. #9

    Default Re: First 223568 Vc1 Ticket with $238 Without Correction- Best Resolution for Wife

    And in the end if you can not afford to pay the fine assessed, you can always use JC form CR-320 to ask the court to lower it based on your ability to pay.

    Quote Quoting legalwriter
    The entire bail must be submitted with the request.
    If the defendant can not afford the fine they may go to the arraignment or trial, without paying any bail, and ask the judge to order traffic school if they plea guilty (or upon sentencing if they plea not guilty). If ordered, this will result in the ability to attend without paying bail upfront. If a defendant chooses the plea guilty with traffic school option in front of a judge because they can not afford to pay upfront, I think few judges would deny that request. From there they can use the above posted form to request a reduction in sentence or a payment plan.

    Additionally, if the court is moot on the point, the traffic clerk as the ability (and possibly the obligation) to offer traffic school even after a guilty verdict has been reached. After which a defendant could fill out a CR-320.

    In either event though, I believe the Traffic School portion of the fee must be paid within a certain number of days of the verdict.

    Quote Quoting cdwjava
    keep in mind that just about EVERYONE asks for a lower fine. Who shrugs it off and wants to pay the full bore? So, do not be surprised if any plea for a reduced base fine or local assessments are rebuffed. You can ASK, but in my experience it is exceedingly rare to receive a real break.
    I think this depends on court though. Los Angeles County for example, is known to give out reductions very often. Usually at arraignment if one pleas guilty. Based on the FAQ of Sacramento County's website, they seem to strongly discourage fine reduction arguments at arraignment. I think if asked respectfully it won't hurt and if asked with good reason, such as the alleged offense was not as severe as others covered by the same statute (slowly rolling a red right turn as opposed to intentionally blasting straight through comes to mind), a defendant would be more likely to get a reduction.

  10. #10
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    Default Re: First 223568 Vc1 Ticket with $238 Without Correction- Best Resolution for Wife

    The severity of the offense will not likely be an issue if it doesn't go to trial. And, yes, if you want to stand the best chance of slashing a couple of dollars, the time to do it tends to be by pleading guilty at arraignment.

    Traffic School helps for the long term impact of insurance, but may not help with the base fines and fees. It's not likely to hurt by asking, but, I again caution not to expect a reduction.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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