Exccessive Bail?

[gnino99]

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

I received a citation for violation 21453a (red light - failed top stop a crosswalk line for right turn). Guilty as charged. I stopped 10 feet beyond it. But $436.00 bail?! Isn't that excessive? What can I do?

gninio99What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[CdwJava]

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

I received a citation for violation 21453a (red light - failed top stop a crosswalk line for right turn). Guilty as charged. I stopped 10 feet beyond it. But $436.00 bail?! Isn't that excessive? What can I do?

Actually, that's not all the bail (i.e. the fine). That total includes the fines and assessments/fees,

The 2008 bail and fee schedule recommends $380 ... if this happened in 2009, it will be higher (I have heard that fees and such have gone up by approximately $50 for most offenses but I don't have the 2009 schedule handy).

What you can do is you can choose to fight the citation at court, or pay it and mitigate damage by taking traffic school. If you lose at trial you can always beg for mercy, but understand that the courts usually do not have or choose not to exercise much flexibility in the total amount.

- Carl

 

[I_Got_Banned]

The 2008 bail and fee schedule recommends $380 ... if this happened in 2009, it will be higher (I have heard that fees and such have gone up by approximately $50 for most offenses but I don't have the 2009 schedule handy).

2009 Uniform Bail Schedule still has it @ $380. However, depending on which county this may have occurred in as to how much higher it will be...

What you can do is you can choose to fight the citation at court, or pay it and mitigate damage by taking traffic school. If you lose at trial you can always beg for mercy, but understand that the courts usually do not have or choose not to exercise much flexibility in the total amount.

- Carl

Agreed. That CVC section is tagged with a footnote that refers to CVC section 42001.15 which deems it as a "statutory fine":
42001.15. Every person convicted of an infraction for a violation of subdivision (a) or (c) of Section 21453, subdivision (c) of Section 21454, or subdivision (a) of Section 21457 shall be punished by a fine of one hundred dollars ($100).


i.e. the base fine of $100 cannot be reduced by the court, and after adding all the statutory penalties and assessments it comes out to whatever the courtesy notice requires you to pay.

 

[Jim_bo]

Considering our new budget is likely to have 10% sales tax, doubled vehicle registration fees, etc... I'd actually say that is kinda cheap!


Sorry... I'm really cynical about CA right now.

 

[CdwJava]

Considering our new budget is likely to have 10% sales tax, doubled vehicle registration fees, etc... I'd actually say that is kinda cheap!


Sorry... I'm really cynical about CA right now.

So am I ... we're being asked to take a 10% paycut and shared contributions to benefits and insurance (while all those state taxes and fees are going up) ... my wife is seriously considering a move out of state when things level off in a year. We don't see CA rounding the corner to solvency for many years to come as long as businesses and the well-to-do are going to be slapped around.

- Carl