Fine for Child restraint device $338.50?

What is the name of your state?What is the name of your state? California

I would really appreciate if someone can verify Fine for not having proper Child restraint device is $338.50?.
According to DMV website it is $100, I wrote this to traffic officer and he replied me saying that $100 is only base fine, including taxes it is $338.50. Is it correct?

segar123 said:

What is the name of your state?What is the name of your state? California

I would really appreciate if someone can verify Fine for not having proper Child restraint device is $338.50?.
According to DMV website it is $100, I wrote this to traffic officer and he replied me saying that $100 is only base fine, including taxes it is $338.50. Is it correct?

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Courts are permitted to add on court costs, fees, etc. So $338.50 sounds like it COULD be about right. However, you might be able to get this reduced by actually going before the court. I'm not positive, but it's a possibility.

- Carl

are Taxes and costs so high? $238.50 on $100 fine.
Does anyone know do they charge taxes on fine also?

Received Same Citation! California

Hi, I was just reading your posts for this subject, and noticed that reference was made to checking with the California DMV regarding the fines and/or taxes that were being added on to the original $100.00 fee. Please note that California Vehicle Code section 27360.5 at (c)(1) specifically sets forth that a first offense under this section is punishable by a fine of $100.00, "except that the court may reduce or waive the fine" as it sees fit. No where in the recited language for this code section does it provide for any additional fees of any kind to be added. This is a California statute, and not merely a DMV rule and/or regulation. Doesn't that account for something? Please respond.

That's because the laws that permit the addition of compensation and other fees are found elsewhere in the law. The up to $100 is the fine (the penalty) for the offense - the rest is to compensate the court for the time and expense ... or whatever such fees or compensatory penalties may lawfully be in place.

- Carl

Doesn't Sound Fair!

How can the courts (California) possibly justify charging such outlandish costs on a simple $100.00 fine (in my case total penalty is $341.00, which makes the court costs over double that of the actual fine amount) when such costs are not provided for by local rules, laws and/or regulations? Are there unwritten laws that the court and other agencies can use when, and as, they see fit?

My case differs a little bit from the other case above. I have a corvette, which is a 2-passenger car, and I was basically "worked" (as my 13-year-old daughter puts it) by her and her 13-year-old girlfriend to drive them to a school dance, located at a distance of approx. 3-4 blocks. As no other vehicle was available to me, and as I considered the risk to be minimal due to the short driving distance, I agreed to take them. However, although they shared the front passenger seat which offers only 1 seat belt, I had both girls securely fastened into the seat by the 1 belt. Upon my pulling into the school parking lot, an officer pulled me over and cited me for CVC section 27360.5. He also voluntarily advised me that the reason he was parked at said location was due to the fact that a "fatal" car accident occured the evening prior. As my daughter attends the school whereat this accident occured the night before, I was already aware of the accident. However, I found out the next day that the accident was NOT fatal, and that the mother whom was struck would fully recover. Wow! Cops do lie! Anyway, is there any angle of defense that you can suggest for presenting argument for this situation? Any help would be extremely appreciated. I just can't get myself to pay $341.00 on a $100.00 fine. It's "highway robbery"!

Melissa

Aside from the fact that you hijacked someone else's thread for your own issue, I find it interesting that you said:

I just can't get myself to pay $341.00 on a $100.00 fine. It's "highway robbery"!

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what would you have said if the police offier had charged you with reckless endangerment?

Or if your ex had found out and taken you to court citing your endangering the lives of you daughter and her friend by flaunting your disregard for the law?

Or the lesson you're teaching your daughter that it's o.k. to break the law since it doesn't apply to you?

Get the point? "GET" yourself to pay the fine and maybe it will sting enough for you to learn something.

Or if your ex had found out and taken you to court citing your endangering the lives of you daughter and her friend by flaunting your disregard for the law?

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That is very clever!