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  1. #1
    Join Date
    Nov 2008
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    Default Infraction Charge for Littering

    My question involves criminal law for the state of: California

    I've been charhed with
    23111. No person in any vehicle and no pedestrian shall throw or discharge from or upon any road or highway or adjoining area, public or private, any lighted or nonlighted cigarette, cigar, match, or any flaming or glowing substance. This section shall be known as the Paul Buzzo Act.
    As an infraction (not misdemeanor). The penalty is $300 and a day of community service.

    Basically two officers saw me heading towards my friend's car saying I threw a cigarette out on the street and then pulled over my friend and gave me the citation.
    I went to a court appearance and pled not guilty.

    Never been to court before, and have no idea how I'm going to fight it

    I'm meeting for a free consultation with a lawyer tomorrow. I'm not sure whether it'd be worth it to actually pay her to represent me or not.

    It was also suggested maybe I can contact the city attorney and go for a plea bargain and try to reduce the penalty. I'd especially like to get rid of the day of community service

    Any advice is welcome

  2. #2
    Join Date
    Sep 2005
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    California
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    20,594

    Default Re: First Trial Experience, Littering

    It is precisely because most people do NOT want to do community service that they toss that in there. You might forget about the fine in a couple of months, but it's likely to be a long time before you get the experience of picking up trash on the roadway.

    - Carl

  3. #3
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    Default Re: First Trial Experience, Littering

    Quote Quoting cdwjava
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    It is precisely because most people do NOT want to do community service that they toss that in there. You might forget about the fine in a couple of months, but it's likely to be a long time before you get the experience of picking up trash on the roadway.

    - Carl
    C'mon that's not how government works. They throw that in there to get more slave labor from citizens. It's a relatively not well known statute, so it's especially convenient to attach that penalty and a steep fine to it cause people will get caught unexpected, so the local government gets a windfall in free labor and money.

  4. #4
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    Default Re: First Trial Experience, Littering

    Quote Quoting Wordless
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    C'mon that's not how government works. They throw that in there to get more slave labor from citizens. It's a relatively not well known statute, so it's especially convenient to attach that penalty and a steep fine to it cause people will get caught unexpected, so the local government gets a windfall in free labor and money.
    A "windfall" in free labor and money? Really? If you say so ...

    Well, I suppose they could just sentence the folks to jail. Which would you prefer? Jail, or a fine and community service?

    - Carl

  5. #5
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    Nov 2008
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    Default Re: First Trial Experience, Littering

    Quote Quoting cdwjava
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    A "windfall" in free labor and money? Really? If you say so ...
    Windfall in the technical sense of a relatively unpredictable level of profits with very minimal costs.

    Well, I suppose they could just sentence the folks to jail. Which would you prefer? Jail, or a fine and community service?

    - Carl
    That's great that you chose to go that direction. While you're at it, how about they cut off the two fingers that held the cigarette?

    Or how about there be a fine commensurate with the actual damage done by the offense, so the marginal cost of cleanup + any environmental damage. This would probably amount to less than $5-10, though I probably wouldn't complain about anything less than $50 or so.


    Anyway, I ended up losing the case. After a suggested plea for reduced penalty, they simply lowered the fee by $100 and still kept the day of slave labor.

    I had considered, in protest of my arbitrary subjugation to involuntary servitude for the state for a day (yeah, I thought that shit was unconstitutional too..) I was considering wearing a shirt that said some political, inflammatory message that day. I wonder, for those of you who know much about this whole mandatory community service thing, whether there is anything technically illegal about it? (or is that even a moot point and you're given specific uniforms to wear?)

    (Of course, knowing the way the whole system is set up, it'd probably be best not to do it, for I'm sure they will find a way to **** me moreso, maybe have the administrative people "misplace" information about my service or one of the officers in oversight discretely pull me aside and break my ribcage. But at the same time I'd both like to know and as a matter of honor I should seriously consider it)

  6. #6
    Join Date
    Nov 2008
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    5

    Default Re: Infraction Charge for Littering

    (didn't mean the taking me aside thing would happen, I think it's unlikely and saying that was disrespectful. Sorry. I was just a bit angry today. I do think the administrative thing could happen though)

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