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$660 fine for making a left turn at a no turn sign.

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uberjer

Junior Member
What is the name of your state (only U.S. law)? California

I received a $660 fine for making a left turn at an intersection in the city of Hayward. The sign indicated that you could not make a left turn between 4PM-6PM. Specifically the ticket is for violating Hayward Traffic Code 5.22.

Question: The fine seems extraordinarily high. How can I fight this so that the fine is dramatically reduced or so that the ticket is dismissed? I don't even know where to begin.

There were several police officers and police cars down the street I was turning on to. They were just pulling cars over, over and over.

Jeremy
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? California

I received a $660 fine for making a left turn at an intersection in the city of Hayward. The sign indicated that you could not make a left turn between 4PM-6PM. Specifically the ticket is for violating Hayward Traffic Code 5.22.

Question: The fine seems extraordinarily high. How can I fight this so that the fine is dramatically reduced or so that the ticket is dismissed? I don't even know where to begin.

There were several police officers and police cars down the street I was turning on to. They were just pulling cars over, over and over.

Jeremy
Let's start with this: What is your defense?
 
Let's start with this: What is your defense?
He is not asking for a defense but to see if the grossly high $660 bucks can be mitigated. I would say right there that this fine should not be acceptable. Sounds like a typo... I thought it was like $200, which is still outrageous. What section of the code were you charged with, maybe its not a turn violation?
 

aldaron

Member
In CA the court fees and other fees often exceed the amount of the fine. Dog fee, long lost duck fee, victim assist fee, police pension fund fee, police bbq fund etc**************..just some humorous examples but CA is the king of fees.
 
In CA the court fees and other fees often exceed the amount of the fine. Dog fee, long lost duck fee, victim assist fee, police pension fund fee, police bbq fund etc**************..just some humorous examples but CA is the king of fees.
humerous but true :D

OP, that is write your city council and congressman and arnold and savior obama stuff. The fine and fees are set by local and state law.

Go talk to the judge. When I was in Alameda the commish would routinely lower the fines. Dunno if its that way anymore.
 

CdwJava

Senior Member
Apparently Hayward Muni Code violations are considered misdemeanors punishable with fines up to $500 and/or up to 6 months in jail. I suspect this will be filed as an infraction, but with fees and assessments pursuant to state law and a near maximum fine, this can easily reach the $600 mark. Absurd, I think, but more and more common these days. The advantage, is that this will not appear on your driving record, so in the long run you might save money as there will be no insurance hit for this conviction (assuming you are convicted).

Now, there is a movement afoot (legal as well as legislative) to prohibit municipal agencies from citing for violations that would also be a violation of state law as this one would be. I am not sure of the status of any cases on this, but I know of one in Placer County that is supposedly working its way to the appellate courts so a local traffic attorney might know if this is a viable defense to compel either a reduction in fines from the city or defense ... though I suspect it would be more likely the former and not the latter.
 
Apparently Hayward Muni Code violations are considered misdemeanors punishable with fines up to $500 and/or up to 6 months in jail. I suspect this will be filed as an infraction, but with fees and assessments pursuant to state law and a near maximum fine, this can easily reach the $600 mark. Absurd, I think, but more and more common these days. The advantage, is that this will not appear on your driving record, so in the long run you might save money as there will be no insurance hit for this conviction (assuming you are convicted).

Now, there is a movement afoot (legal as well as legislative) to prohibit municipal agencies from citing for violations that would also be a violation of state law as this one would be. I am not sure of the status of any cases on this, but I know of one in Placer County that is supposedly working its way to the appellate courts so a local traffic attorney might know if this is a viable defense to compel either a reduction in fines from the city or defense ... though I suspect it would be more likely the former and not the latter.
If this is the case and a $600+ fine is involved, the OP may wish for a jury trial and hope that the jury would rein in these idiot politicians and police for trying to rape him. The OP would find one jurist here who would not find him guilty just due to the excessive fine.
 

CdwJava

Senior Member
If this is the case and a $600+ fine is involved, the OP may wish for a jury trial and hope that the jury would rein in these idiot politicians and police for trying to rape him. The OP would find one jurist here who would not find him guilty just due to the excessive fine.
If filed as an infraction (and it almost certainly would be - so that it goes to traffic court) then a jury trial will not be an option.

And even if there was a jury trial, the penalty would not be a question before the jury or likely even mentioned - only the elements of the offense would be at issue.
 
If filed as an infraction (and it almost certainly would be - so that it goes to traffic court) then a jury trial will not be an option.

And even if there was a jury trial, the penalty would not be a question before the jury or likely even mentioned - only the elements of the offense would be at issue.
The jury would have the ticket with the $600++ fine noted; a closing statement can address this I would think; I would say it anyways even if it "gets stricken". I thought that a poster said its a misderm.
 

CdwJava

Senior Member
The jury would have the ticket with the $600++ fine noted; a closing statement can address this I would think; I would say it anyways even if it "gets stricken". I thought that a poster said its a misderm.
These are almost always filed as an infraction to get it into traffic court. The citation may indicate it as a misdemeanor, but they are impractical to file in court as a misdemeanor, ergo they are almost always changed to an infraction.

And, no, I have been to a great many trials and it is very rare that the sentence term is made ... I am not certain, but it is my understanding that the penalty is not allowed to be mentioned for just such a reason - it is not a matter of guilt or innocence.
 

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