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  1. #1
    Join Date
    Apr 2006
    Posts
    147

    Default My Bail Seems Excessive

    My state california San Mateo County.

    For those who read my earlier thread. I was pull over for cvc 22451 (a) and for a fix-it ticket.

    I address the fix it protion. No plates (new car)

    I went to the court house today they said they don't have my file yet so I cannot enter my plead yet.

    I don't understand why my bail amount is so high. It is $535.50 if I don't address the fix it portion and $388.50 if I address the fix it protion. And it said I cannot go to school. Can someone help me understand this. Or am I reading the law wrong.

    According to CVC 42001.16. my base fine should be $100 for the first infraction. It seem my base find is consist with a base fine of $200 or $250. The 2nd or 3rd infraction. I know I have not been convicted for anything in the last year and I should be be able to go to school.


    it said " 42001.16. (a) Every person convicted of an infraction for a
    violation of subdivision (c) of Section 21752, subdivision (c) of
    Section 22526, or Section 22450, involving railroad grade crossings,
    or Section 22451 or 22452 shall be punished as follows:
    (1) For the first infraction, by a fine of one hundred dollars
    ($100).
    (2) For a second infraction of any of the offenses described in
    this subdivision occurring within one year of a prior infraction that
    resulted in a conviction, by a fine not exceeding two hundred
    dollars ($200).
    (3) For a third or any subsequent infraction of any of the
    offenses described in this subdivision occurring within one year of
    two or more prior infractions that resulted in convictions, by a fine
    not exceeding two hundred fifty dollars ($250).
    (b) In addition to the fine imposed pursuant to subdivision (a), a
    court, in a county in which Section 369b of the Penal Code applies,
    may require the person to attend a traffic school as described in
    Section 369b of the Penal Code.

  2. #2

    Default Re: My Bail Seems Excessive

    If the court has set your bail they have to have the file. Courts are allowed to tack on fees and surcharges for a lot of things. CA has one of the highest fine schedules in the nation. The price for living in Paradise I guess.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: My Bail Seems Excessive

    Per the 2007 CA bail and fee schedule the base fine plus fees for 22451(a) is $380 ... $498 if in a construction zone. And the no plates are probably $108. This means the state recommended bail plus fines would be about $488.

    However, some counties are permitted to go beyond these recommendations.

    - Carl

  4. #4
    Join Date
    Apr 2006
    Posts
    147

    Default Re: My Bail Seems Excessive

    Quote Quoting cdwjava
    View Post
    Per the 2007 CA bail and fee schedule the base fine plus fees for 22451(a) is $380 ... $498 if in a construction zone. And the no plates are probably $108. This means the state recommended bail plus fines would be about $488.

    However, some counties are permitted to go beyond these recommendations.

    - Carl
    It was not in a construction zone. I think the fees for a $100 base fine is about $50-$90.

    Number 1 question. As I pointed out in my quotation of the law above (unless I am wrong in reading the law). So it seem that bail can be much higher that what they can ultimately fine me if I was found guilty. Will this amount be ultimately reduce even if I was found guilty???

    Number 2. I am planning to contest this with a trial by declaration. To do this they require me to post the bail first. Is it worth it to going to arraignment to ask the judge to reduce the amount of bail based on the law I cited?

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: My Bail Seems Excessive

    Quote Quoting blau
    View Post
    It was not in a construction zone. I think the fees for a $100 base fine is about $50-$90.
    Actually, they are $280. There are great number of surcharges, assessments and fees that can apply.

    Number 1 question. As I pointed out in my quotation of the law above (unless I am wrong in reading the law). So it seem that bail can be much higher that what they can ultimately fine me if I was found guilty. Will this amount be ultimately reduce even if I was found guilty???
    Most courts are limited in their discretion as the penalties are fixed. I am not sure whether San Mateo County allows their traffic courts to modify the base fines or not. But, even if the fine were modified, that might not effect many of the fines and assessments.

    Number 2. I am planning to contest this with a trial by declaration. To do this they require me to post the bail first. Is it worth it to going to arraignment to ask the judge to reduce the amount of bail based on the law I cited?
    I doubt the judge has the leeway to lower the bail at arraignment. But, it might not hurt to ask.

    - Carl

  6. #6

    Default Re: My Bail Seems Excessive

    Actually you can ask for Personal Recognizance. There is a statute that allows this in CA but I do not have the reference handly and doubt if the judge even knows about it.

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: My Bail Seems Excessive

    Quote Quoting lwpat
    View Post
    Actually you can ask for Personal Recognizance. There is a statute that allows this in CA but I do not have the reference handly and doubt if the judge even knows about it.
    You generally have to post the bail (fees and assessments) before a written declaration - or, sometimes, before trial, I hear - because the state does not want to have to go to collections if the defendant loses.

    I am not sure they can require it before trial, but it is common to do so before allowing a trial by written declaration.

    The citation was his release on his own recognizance.

    - Carl

  8. #8

    Default Re: My Bail Seems Excessive

    You can still ask for it, the judge has the discretion. I am out of town but will try to find it in my notes next week.

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