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  1. #1
    Join Date
    Feb 2010
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    4

    Default Lost Trial, Commissioner Added Fine

    My question involves traffic court in the State of: California

    So I lost a trail and obviously I lose the bail money but the commissioner decided to add an extra fine on everyone who came to court that day. No doubt for discouraging people to even try fighting the ticket.

    The print out reads
    "Court finds defendant GUILTY as to count 1 as charged in the Original Citation.
    As to court(s) 1 , pay a FINE of $100.00 plus penalty assessments.
    Pay $30.00 Security Fee per convicted count pursuant to Penal Code 1466.8.
    Pay Criminal Conviction Assessment Fee per convicted count of $30.00 per
    misdemeanor/felony and $35.00 per infraction pursuant to Government Code 70373(a)(1)."

    So my question is this perfectly legal?

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
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    9,170

    Default Re: Lost Trial, Commissioner Added Fine

    Quote Quoting Albuyno
    View Post
    My question involves traffic court in the State of: California

    So I lost a trail and obviously I lose the bail money but the commissioner decided to add an extra fine on everyone who came to court that day. No doubt for discouraging people to even try fighting the ticket.

    The print out reads
    "Court finds defendant GUILTY as to count 1 as charged in the Original Citation.
    As to court(s) 1 , pay a FINE of $100.00 plus penalty assessments.
    Pay $30.00 Security Fee per convicted count pursuant to Penal Code 1466.8.
    Pay Criminal Conviction Assessment Fee per convicted count of $30.00 per
    misdemeanor/felony and $35.00 per infraction pursuant to Government Code 70373(a)(1)."

    So my question is this perfectly legal?
    What were you cited for?

    And how much was the original bail amount?

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Lost Trial, Commissioner Added Fine

    That is a DEAL.

    I had a ticket for allegedly rolling a stop sign. Took it to court which added court costs. Total Due: $443.00 First moving violation in 25 years. At least adjudication was withheld.

  4. #4
    Join Date
    Feb 2010
    Posts
    4

    Default Re: Lost Trial, Commissioner Added Fine

    Original bail was $332.00 and the original amount owed from the trial by declaration was also $332.00.

  5. #5
    Join Date
    Mar 2009
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    LA LA Land
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    Default Re: Lost Trial, Commissioner Added Fine

    Quote Quoting Albuyno
    View Post
    Original bail was $332.00 and the original amount owed from the trial by declaration was also $332.00.
    You should answer the other question as well... As it can make a world of a difference!
    Quote Quoting That Guy
    View Post
    What were you cited for?
    ... as in "Vehicle Code section/number"...

  6. #6
    Join Date
    Feb 2010
    Posts
    4

    Default Re: Lost Trial, Commissioner Added Fine

    Quote Quoting That Guy
    View Post
    You should answer the other question as well... As it can make a world of a difference!

    ... as in "Vehicle Code section/number"...
    vc22350 66 in a 45 on a 4 lane divided road.

  7. #7
    Join Date
    Apr 2009
    Location
    SF Bay Area
    Posts
    625

    Default Re: Lost Trial, Commissioner Added Fine

    And how much did you end up paying in addition to the bail already posted for TBD?

  8. #8
    Join Date
    Mar 2009
    Location
    LA LA Land
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    9,170

    Default Re: Lost Trial, Commissioner Added Fine

    Quote Quoting HonkingAntelope
    View Post
    And how much did you end up paying in addition to the bail already posted for TBD?
    The $100 base fine the OP referred to in the first post comes out to approximately $446 (after adding: penalty assessments + $30 + $35)... In other words, the commissioner imposed a fine amount for 26mph + above the limit when in fact the OP should only be fined the amount for 16mph - 25mph (21mph over the limit).

    One other qualifier that I can think of would be: What type of vehicle were you driving?
    Here is why:

    42000.5. Every person convicted of an infraction for a violation of Section 22350, 22406, or 22407 while operating a bus, motor truck, or truck tractor having three or more axles, or any motor truck or truck tractor drawing any other vehicle, shall be punished by a fine not exceeding one hundred dollars ($100) for a first conviction, except that if the person has exceeded the specified speed limit by 10 miles per hour or more, the fine shall not exceed two hundred dollars ($200) for a first conviction, and not exceeding three hundred dollars ($300) for a second or subsequent conviction.


    If that is not the case, then your best bet would be to call the court and ask the clerk. It is possible that the commissioner miscalculated your speed and put you in the higher category.

    Let us know what they say.

  9. #9
    Join Date
    Feb 2010
    Posts
    4

    Default Re: Lost Trial, Commissioner Added Fine

    The car I was in is listed as a subcompact.

    I went to court and explianed the situation to the clerk. He checked why the fine was added; no reason given. The clerk said to his knowledge the commission can change the fine to whatever he wants. My only option is to talk to the commissioner but we already know how that will end. So unless I can find a law prohibitting what he did or capping the fine I am punished just for trying to defend myself.

  10. #10

    Default Re: Lost Trial, Commissioner Added Fine

    Quote Quoting Albuyno
    View Post
    The clerk said to his knowledge the commission can change the fine to whatever he wants.
    I don't think this is how the system works. I'm pretty certain I have read somewhere that the fine cannot be arbitrarily increased, especially only after you decide to contest it. If he increases it for everyone, I think it is a very clear case of abuse of discretion on the part of the commissioner.

    If you feel up to it, try to consult some real lawyer, or if you must do it online, try some other legal websites. Just because we don't know more, doesn't mean it is ok or legal to do so.

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