i got a 24400(a)(2) and the officer changed it to 24250, how much will i have to pay?

[mrpham110591]

Hello all, i am 17 years old and new to this forum
recently i have been pulled over by a cop in a dodge charger,
I was going to the movies by my self and i got pulled over because my headlights were not on. The officer issued a citation infraction, cvc 24420 (a)(2) - "driving during darkness". I also noticed that the officer wrote my license plate wrong, he switched 2 numbers around. A few days later, i receive a notice Notice of correction and proof of service ( vehicle code 40505). He changed my violation section from 24400(a)(2) to 24250. I am wondering since he signed this on the ticket, I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct, can he really change the violation o.o ?

i also dont know what to do, i cannot afford that 1 point on my driving record and i dont have alot of money since im still in highschool.. sorry for my grammar, please help me

 

[CdwJava]

You were apparently properly notified of the amendment to the citation. Yes, he can do that.

The 2008 Bail and Fee schedule estimates about $146 for both offenses - the difference being that 24250 has a point assessed towards your license while 24400 does not. I do not have the 2009 schedule with me (if it is even out yet) so expect it to be a little higher.

- Carl

 

[I_Got_Banned]

I am wondering since he signed this on the ticket, I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct, can he really change the violation o.o ?

He didn't change the violation... That was, is and will always be the same thing "you driving with your headlights off after darkness".

He initially cited you with what I would refer to as an equipment violation...

24400. (a) A motor vehicle, other than a motorcycle, shall be:
(1) Equipped with at least two headlamps, with at least one on each side of the front of the vehicle, and, except as to vehicles registered prior to January 1, 1930, they shall be located directly above or in advance of the front axle of the vehicle. The headlamps and every light source in any headlamp unit shall be located at a height of not more than 54 inches nor less than 22 inches.
(2) Operated during darkness, or inclement weather, or both, with at least two lighted headlamps that comply with paragraph (1).
(b) As used in paragraph (2) of subdivision (a), "inclement weather" is a weather condition that is either of the following:
(1) A condition that prevents a driver of a motor vehicle from clearly discerning a person or another motor vehicle on the highway from a distance of 1,000 feet.
(2) A condition requiring the windshield wipers to be in continuous use due to rain, mist, snow, fog, or other precipitation or atmospheric moisture.

Assuming that your car has headlights that are in working condition except you forgot to turn them on. Therefore, the violation you committed is instead described in CVC section 24250.

24250. During darkness, a vehicle shall be equipped with lighted lighting equipment as required for the vehicle by this chapter.

He amended the citation later on and notified you of the change as per vehicle code section 40505:

40505. Whenever any traffic or police officer delivers a notice to appear or notice of violation charging an offense under this code to any person, it shall include all information set forth upon the copy of the notice filed with a magistrate and no traffic or police officer shall set forth on any notice filed with a magistrate or attach thereto or accompany the notice with any written statement giving information or containing allegations which have not been delivered to the person receiving the notice to appear or notice of violation.

So the answer is YES, he can do that.

Also, the error he made in writing your plate number on the citation will have no effect on the validity of the citation. It doesn't deprive you of any of your rights as a defendant nor does it prevent you from being able to defend yourself.

i also dont know what to do, i cannot afford that 1 point on my driving record and i dont have alot of money since im still in highschool.. sorry for my grammar, please help me

Well, unfortunately for you, a violation of 24250 is either black or white... There is no in between. Your lights were either on or they were off at a time when they were supposed to be on. Assuming it was dark when you got pulled over, defending that violation is pretty near impossible.


You did mention you are a 17 years old and I 'm not sure what sort of license you have (provisional or whatever) so traffic school might not be an option. If it is, here is some information:
You would have to pay the fine plus the administrative fee that the court required for you to be able to attend traffic school. Once you complete the class and upon submitting a certificate of completion to the court clerk the citation will be dismissed.

As for your fine amount, the California Uniform Bail Schedule lists it at $146, however, depending on which county you were cited in, the fine amount might be higher or lower... (Example, in Los Angeles County, the total fine will be $201 (for those who disagree, please take a look at Page 2 of the Los Angeles County Misdemeanor and Infraction Bail Schedule which I linked here: http://www.lasuperiorcourt.org/bail/pdf/misd.pdf ).

The traffic school administrative fee which is charged by the court is (I believe) $39 added on top of what the fine amount is.

Good luck.

 

[I_Got_Banned]

The 2008 Bail and Fee schedule estimates about $146 for both offenses - the difference being that 24250 has a point assessed towards your license while 24400 does not. I do not have the 2009 schedule with me (if it is even out yet) so expect it to be a little higher.

- Carl

Sorry Carl... I had typed up my response and got up and left without posting it.

The 2009 Uniform bail schedule is in fact out. here is a link:

http://www.courtinfo.ca.gov/reference/documents/2009_jcbail.pdf

I also linked the Los Angeles County schedule in my previous post. @ differences from last year is that they have increased the penalty assessment from $24 (for every $10 or a portion thereof) to $26. They also added what they are calling a "conviction assessment" and the strange thing about that is that it amounts to $30 FOR A MISDEMEANOR and $35 (a higher amount) FOR AN INFRACTION...

 

[mrpham110591]

He didn't change the violation... That was, is and will always be the same thing "you driving with your headlights off after darkness".

He initially cited you with what I would refer to as an equipment violation...



Assuming that your car has headlights that are in working condition except you forgot to turn them on. Therefore, the violation you committed is instead described in CVC section 24250.



He amended the citation later on and notified you of the change as per vehicle code section 40505:

What happens if i tell them that fuse went out? I will show them the receipt from purchasing fuses at Kragen as proof. The officer at the time did mention something about a fix it ticket. I also asked another police officer earlier and he said the first violation 24400(a)(2) should be fixable... But he marked not on correctable .. then a few days later, he changed it to 24250 leaving me confused and trapped. He also changed a non moving violation to a moving violation with bigger penalties right o.o ?

Also I drive a mr2 and the headlights are flip up/down. Before i got pulled over, i was driving with the headlights flipped up and the lights were on. While i was driving, the headlights were flipped up and when i was changing lanes, i pressed down the stick and the signal light emitted. The stick also controls the light functions and lane change lights. While i pressed down the lane change signal light i accidentally switched the headlights to parking lights without knowing. I did not know because my gauges were still lit and my lights does not flip down unless turned all the way off. so yeah... the place was bright and i was unaware that i accidentally turned it off. Before i got pulled over, i was following the police officer and he stopped and pulled over then he pulled out and began following me and pulled me over.. Its not like i wanted to drive in the dark and follow a police officer with my lights off on purpose, it was accidental and i was totally unaware until he told me!!

please help me, this is my first ticket and my driving privileges will be gone if my parents see that 1pt most likely... Sorry for asking so many questions. Thank you to whoever replied to this thread, it means a lot to me

 

[I_Got_Banned]

What happens if i tell them that fuse went out? I will show them the receipt from purchasing fuses at Kragen as proof. The officer at the time did mention something about a fix it ticket. I also asked another police officer earlier and he said the first violation 24400(a)(2) should be fixable... But he marked not on correctable .. then a few days later, he changed it to 24250 leaving me confused and trapped.

What happens if you tell them that?
1. You will be lying
2. You'd be committing perjury while under oath, in a court of law.
3. The officer marked it Non correctable and you'd have a difficult time proving that he meant for it to be correctable.
4. The officer pulled you over, cited you and then you started your car, turned your headlights on and drove off. If you go to court and claim your headlights were off because they didn't work it would be your word against that of the officer and let me guess which one of you is the LIAR... Oh it's you! but then again you plan on lying to your Dad and Mom about this s why not lie to a complete stranger whom you're only gonna see for 15 - 20 minutes (the Judge).
5. Regardless of what another officer said about the 24400(a)(2), you are being charged with a violation of 24250 and whether that leaves you dazed, confused, dizzy, unconscious and trapped or free like a bird, like I said before there is no gray area here, you either drove with your headlights on or you drove with them off.

He also changed a non moving violation to a moving violation with bigger penalties right o.o ?

No, he cited you for the wrong code. Later he figured out he was wrong and changed it and notified you accordingly and as required by law. Whether it has bigger penalties or whether it will get you in more trouble with Dad & Mom has nothing to do with it.

Also I drive a mr2 and the headlights are flip up/down. Before i got pulled over, i was driving with the headlights flipped up and the lights were on. While i was driving, the headlights were flipped up and when i was changing lanes, i pressed down the stick and the signal light emitted. The stick also controls the light functions and lane change lights. While i pressed down the lane change signal light i accidentally switched the headlights to parking lights without knowing. I did not know because my gauges were still lit and yeah... the place was bright.

Bull crap! You gave way too many details for the story to be true... And if it were true, you still were driving without your headlights being on, which is a violation of CVC 24500... Saying "I didn't know my lights were off" is not good enough.

please help me, this is my first ticket

Your first ticket??? Heck you are only 17, aren't you? How many tickets are you supposed to have at 17 nowadays?

my driving privileges will be gone if my parents see that 1pt most likely...

You know what? Turning 17 and/or 18 is not just about getting your license and possibly your first car... It is also about you turning into an adult:
1. on who is responsible enough to not forget turning his head lights on.
2. Who is mature enough to accept responsibility for his own actions and whether those actions were intentional or whether they happened by mistake his standing up and accepts his deeds and pays his dues. Its part of growing up and trust me, taking the bus for 3 months or so will teach you to remember to turn on your headlight before take off..

Good luck...