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CA cvc 24250, curious as to why my fine is so high

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ELEAC

Junior Member
About a month ago I got pulled over in downtown San Diego for driving a couple blocks with no headlights (cvc 24250) and when I got the ticket in the mail the fine is $239. Everything I can find online says the ticket is about $150, and since I don't have any other points on my license I just don't understand where this number is coming from. My husband is having me take it to court, so I guess hopefully I won't have to pay that much, but can anyone help to explain this to me, or what they might say to justify it in court?
I'm really freaking out here, it was an honest mistake (excuses, excuses etc)
 


Zigner

Senior Member, Non-Attorney
About a month ago I got pulled over in downtown San Diego for driving a couple blocks with no headlights (cvc 24250) and when I got the ticket in the mail the fine is $239. Everything I can find online says the ticket is about $150, and since I don't have any other points on my license I just don't understand where this number is coming from. My husband is having me take it to court, so I guess hopefully I won't have to pay that much, but can anyone help to explain this to me, or what they might say to justify it in court?
I'm really freaking out here, it was an honest mistake (excuses, excuses etc)
The "base fine" may be about $150 but the additional court imposed penalties add up...
 

CdwJava

Senior Member
When you the fine, fees, and assessment, $239 sounds about right. Understand that the base fine on this is only $35, and the local court may not permit judges or commissioners there to give much leeway on fines or even assessments/fees, so there may not be a whole lot of wiggle room for the judge even if he wanted to give you a break on your costs.

So, your husband wants you to fight this in court ... what's your defense? Or, are you simply hoping the officer doesn't show up? Having forgotten is not a legal defense - it's an excuse, and to make that argument in court would effectively be pleading guilty and offering an attempt at an explanation.

You might also want to let your husband know that if you do not win at trial, you may not have the option of traffic school made available to you. If that option is not available, then you would not only have to pay the fine, you would also have to suffer a hit of maybe 20-25% on your insurance.
 

ELEAC

Junior Member
When you the fine, fees, and assessment, $239 sounds about right. Understand that the base fine on this is only $35, and the local court may not permit judges or commissioners there to give much leeway on fines or even assessments/fees, so there may not be a whole lot of wiggle room for the judge even if he wanted to give you a break on your costs.

So, your husband wants you to fight this in court ... what's your defense? Or, are you simply hoping the officer doesn't show up? Having forgotten is not a legal defense - it's an excuse, and to make that argument in court would effectively be pleading guilty and offering an attempt at an explanation.

You might also want to let your husband know that if you do not win at trial, you may not have the option of traffic school made available to you. If that option is not available, then you would not only have to pay the fine, you would also have to suffer a hit of maybe 20-25% on your insurance.
The trial has already been scheduled for Tuesday, so I guess there's no going back on that. But yeah I tried explaining to him that it would pretty much be a lot of excuse making since it's something I actually did.
I wasn't aware that I wouldn't be allowed to take traffic school afterward if I lose. Crap, I wish I had posted about this sooner, now I've gone from freaked out to absolutely petrified :(1
 

CdwJava

Senior Member
It's not that you will NOT be allowed to take traffic school, only that the option is often not made available to you if you lose at trial.

San Diego County used to have a practice whereby they would give any of the defendants a chance to change their plea to guilty and take traffic school AFTER the docket was called and the defendant could see if their officer was present. I have heard from friends of mine that still work there that this is still common practice, so if you want to plea and be given an almost sure shot at TS, then that might be your opportunity.
 

davew128

Senior Member
It's not that you will NOT be allowed to take traffic school, only that the option is often not made available to you if you lose at trial.

San Diego County used to have a practice whereby they would give any of the defendants a chance to change their plea to guilty and take traffic school AFTER the docket was called and the defendant could see if their officer was present. I have heard from friends of mine that still work there that this is still common practice, so if you want to plea and be given an almost sure shot at TS, then that might be your opportunity.
At the Kearny Mesa courthouse it is still practiced. Just about every case, the magistrate asks the defendant if they are willing to plead out and take traffic school. In at least one instance with someone I accompanied, the magistrate even let the unemployed woman use community service to pay her traffic school fee rather than cash, though that is rare. They REALLY push the enveloped their with cutting people breaks on fines, even ones a couple years old.
 

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