Should I Plead No Contest?

[Brandonh]

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

I recently received a traffic citation for passing a red light at an intersection. I agree I did it, but I am hard-pressed to afford the citation. Should I plead no contest to a judge, and explain to him/her that I'm a full-time university student with $400/month income from employment, in the hopes of getting the fine reduced? This is also my first traffic violation if that helps any. Thanks much for your advice.

 

[racer72]

Getting the fine reduced: Not likely.
The court allowing you to set up a payment plan: Most likely.

 

[Jim_bo]

Here's an idea... why not get a dismissal? If you try and fail, you'll pay the same amount. So, what do you have to loose? The state has the burden of prosecution... not you!! You simply should hold the state accountable for its obligations.

 

[Brandonh]

Well, I don't think I have a good defense. Even I think I ran the red light. I guess I could look at the pictures/video, but if I plead not guilty, and the judge finds me still guilty, I think I'd have a hard time getting him to give me a fine reduction or even a payment plan. I don't know - I'd honestly rather just pay a reduced fine than try to fight it, fail, and get a full price fine.

 

[I_Got_Banned]

I'd honestly rather just pay a reduced fine than try to fight it, fail, and get a full price fine.

Like racer said... The fine cannot be reduced. here's why...

I'm guessing you were cited for violation vehicle code section 21453(a), right? (That should be on the citation that you recieved.)

When it comes to the fines for each violation of the vehicle code, there are two ways fines are set by the legistlature.

One way is by setting a maximum fine amount (and possibly a minimum)... {For example it'll say: SHALL BE PUNISHED BY A FINE NOT EXCEEDING $250 BUT NOT LESS THAN $100} and if that is the case, then the Judge has discretion to set a fine anywhere between those two numbers (the max and the min).

The other way is to set a specific amount {it will say: SHALL BE PUNISHED BY A FINE OF $100} and in this case, the fine is referred to as a Statutory Fine. Meaning the Judge has no discretion as far as what the fine amount is.

The fine amount for a vioation of CVC section 21453(a) is established in CVC section 42001.15 which states:

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).

Now don't get too excited yet because the $100 stated there is only the Base Fine. The statute also requires the court to collect what is refered to as penalties and assessments which do in fact increase that amount considerably.

According to the Uniform California Bail Schedule the total finje amount for a viollation of CVC 21453(a) is $380. Keep in mind that the total Fine amount might slightly vary from one county to the next. So it might be a bit more or if you're lucky a bit less.

Also, like racer said, you've got a pretty good chance of getting some sort of payment plan or extension to pay the fine from the court. But keep in mind that in either of those cases (payments or extension) they may (I know in L A County they will) charge you an additional $30 or so if you choose to either make payments or pay later.

If you wanna avoid that, then ask for an extension before you appear in court (that should get you 60 days) to save up the money, then (based on your stating you have no defense) show up money in hand, plead "guilty" or "no contest", and pay the fine immediately thereby avoiding the additional fee.

 

[AHA]

Poor people do not have a free pass to break the law.

 

[I_Got_Banned]

Poor people do not have a free pass to break the law.

Albeit a bit harsh of a statement, I cannot disagree with it

And with that being said I'd like to add "neither do those who have a clean record/are fighting their first violation".

I remember I started out with a clean record when I first got my license... kept it clean for double digit years... Ad then... all of sudden...

 

[Brandonh]

Now don't get too excited yet because the $100 stated there is only the Base Fine. The statute also requires the court to collect what is refered to as penalties and assessments which do in fact increase that amount considerably.

According to the Uniform California Bail Schedule the total finje amount for a viollation of CVC 21453(a) is $380. Keep in mind that the total Fine amount might slightly vary from one county to the next. So it might be a bit more or if you're lucky a bit less.

I looked at the bail schedule for my county, it's 380 as well . So, the judge has no discretion for the $100, but does the judge have discretion on the court penalties/assessments? Thanks for your help by the way. I'd take a payment plan - hopefully it would give me time to work full-time during summer. But a reduction would help without a doubt!

Poor people do not have a free pass to break the law.

I never really said I wanted a free pass - I just think 400 dollars is a tough blow for someone who misjudged a yellow light. I'm not a bad person, and I don't think I'm above the law as you implied.

 

[I_Got_Banned]

I looked at the bail schedule for my county, it's 380 as well . So, the judge has no discretion for the $100, but does the judge have discretion on the court penalties/assessments?

Short answer: No!
Long answer: Penalties and assessments are also set by the statute and are set amounts instead of being a range of amounts (minimum to maximum). This should be explained on the first few pages of the bail schedule for each county.

Thanks for your help by the way. I'd take a payment plan - hopefully it would give me time to work full-time during summer. But a reduction would help without a doubt!

Glad I could help! ... Good luck with it all.

I just think 400 dollars is a tough blow for someone who misjudged a yellow light.

And yet, $400 is such a small price to pay in exchange for having a car who was crossing your path or having you cross its path!!!

I'm not a bad person

No one has even suggested that you were!

and I don't think I'm above the law as you implied.

Your sentence implied that more than anyone else’s… Chill out… You actually seem like a pretty cool guy; a bit on the STUBBORN side but stubborn is not a bad thing…






Just a little irritating!