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seat belt and cell phone tickets

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aclark17

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

I HAVE A BUNCH OF TICKETS FOR NOT WEARING A SEATBELT AND TALKING ON A CELL WHILE DRIVING I THINK ALL OF THEM TOTAL TO AROUND 3000 MY QUESTION IS IF THERE IS A WAY TO DO TIME TO PAY THE TICKETS HOW MUCH TIME WOULD I BE DOING.
 


CdwJava

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

I HAVE A BUNCH OF TICKETS FOR NOT WEARING A SEATBELT AND TALKING ON A CELL WHILE DRIVING I THINK ALL OF THEM TOTAL TO AROUND 3000 MY QUESTION IS IF THERE IS A WAY TO DO TIME TO PAY THE TICKETS HOW MUCH TIME WOULD I BE DOING.
Not every county will accept jail time or community service in lieu of payment ... but, you can inquire with the court and see what they have to say.
 

sandyclaus

Senior Member
Not every county will accept jail time or community service in lieu of payment ... but, you can inquire with the court and see what they have to say.
With the average fine of about $150 for each of these offenses separately, that makes at least 10 individual tickets (assuming that the two offenses weren't always written up on the same ticket each time). That sounds like quite a scofflaw to me. Doesn't really seem appropriate for the offender to pick and choose their own punishment, does it?
 

CdwJava

Senior Member
I am not familiar with any local court that offers the option of jail time in lieu of payment, but I have heard tell that some counties do. It doesn't make a lot of sense because that custody time costs the county money ... but, since when does the action of government always make sense?
 

I_Got_Banned

Senior Member
It doesn't make a lot of sense because that custody time costs the county money ...
I think it makes less sense simply because it would violate a few basic provisions of the Penal Code. Then again, even the vehicle code authorizes the issuing of an arrest warrant (instead of a license hold) if a defendant has one or more FTAs. FTAs are by nature misdemeanors and the court may impose some jail time for that I suppose...

But anyways, don't counties get money from the state (or is it the federal government) for each person in custody?

With the average fine of about $150 for each of these offenses separately, that makes at least 10 individual tickets (assuming that the two offenses weren't always written up on the same ticket each time). That sounds like quite a scofflaw to me. Doesn't really seem appropriate for the offender to pick and choose their own punishment, does it?
Your point would still be valid about OP being a scofflaw AND a habitual offender for that, even with this addendum, but we'd have to keep in mind that in addition to the fine for the underlying citation, there usually is a $300 civil assessment for a citation that isn't paid/plead to by the due date. So we're looking at approximately 6 or so citations.
 

CdwJava

Senior Member
I think it makes less sense simply because it would violate a few basic provisions of the Penal Code. Then again, even the vehicle code authorizes the issuing of an arrest warrant (instead of a license hold) if a defendant has one or more FTAs. FTAs are by nature misdemeanors and the court may impose some jail time for that I suppose...
There are ways because some counties do allow time to be served for traffic offenses. But, there are very few counties that issue arrest warrants for FTAs for a host of reasons.

But anyways, don't counties get money from the state (or is it the federal government) for each person in custody?
No. Local agencies get charged a booking fee by the county, and they get reimbursed for a portion of their non-warrant in-custody arrests. But, there is no reimbursement by the state or the feds for most arrests ... those with federal holds or ICE detainers might be the exception.

Your point would still be valid about OP being a scofflaw AND a habitual offender for that, even with this addendum, but we'd have to keep in mind that in addition to the fine for the underlying citation, there usually is a $300 civil assessment for a citation that isn't paid/plead to by the due date. So we're looking at approximately 6 or so citations.
I know repeat offenders (for DUI and/or suspended license violations) that owe on a half dozen or more offenses to the tune of $15,000 or more ... they don't care, because there is no serious threat. They buy junker cars that they can afford to lose when they get towed, and they end up owing on those when they are finally sold at auction. But, the money is not an incentive and is rarely able to be compelled.
 

I_Got_Banned

Senior Member
But, there are very few counties that issue arrest warrants for FTAs for a host of reasons.
Right, I only said the vehicle code authorizes it, not requires it...

CVC 40509.5

.....

(e) If the court notifies the department of a failure to appear or pay a fine or bail pursuant to subdivision (a) or (b), no arrest warrant shall be issued for an alleged violation of subdivision (a) or (b) of Section 40508, unless one of the following criteria is met:

(1) The alleged underlying offense is a misdemeanor or felony.

(2) The alleged underlying offense is a violation of any provision of Division 12 (commencing with Section 24000), Division 13 (commencing with Section 29000), or Division 15 (commencing with Section 35000), required to be reported pursuant to Section 1803.

(3) The driver’s record does not show that the defendant has a valid California driver’s license.

(4) The driver’s record shows an unresolved charge that the defendant is in violation of his or her written promise to appear for one or more other alleged violations of the law.
 

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