Ability to Pay Determination

[quincy]

But if it is your first offense EVER in the state of Texas, it is not totally unheard of to ask for the equivalent thereof. I'm still trying to fill out this form in correct legal fashion. Where it says "What are you asking the court to do?", what would be the best way to word that I'm asking that the fine and all associated fees and costs be waived for reasons described in another section of the form? Should I include that I should be placed on informal probation?

You can ask for the court to waive the fine and you can ask for any other relief you feel is necessary. No one here can answer the questions for you. Do your best or find a legal aid clinic in your area and seek help there.

It will be up to the court to decide how to handle it all.

 

[skitz]

But if it is your first offense EVER in the state of Texas, it is not totally unheard of to ask for the equivalent thereof. I'm still trying to fill out this form in correct legal fashion. Where it says "What are you asking the court to do?", what would be the best way to word that I'm asking that the fine and all associated fees and costs be waived for reasons described in another section of the form? Should I include that I should be placed on informal probation?

In other words, is there any way to ask this with some legal backing that may exist in connection with being in a severe state of indigence?

 

[Zigner]

In other words, is there any way to ask this with some legal backing that may exist in connection with being in a severe state of indigence?

Are you asking if you can raise your "request" to the level of a "threat of legal action"? If so, the answer is no.

 

[not2cleverRed]

In other words, is there any way to ask this with some legal backing that may exist in connection with being in a severe state of indigence?

I'm beginning to wonder how someone "in a severe state of indigence" has enough money for gasoline to go to other states and get a speeding ticket. Were you driving someone else's (insured) car?

 

[quincy]

In other words, is there any way to ask this with some legal backing that may exist in connection with being in a severe state of indigence?

You live in Mexico now, correct? Texas is the state that issued your driver's license but your speeding ticket was in California?

I suggest that, if you cannot find help for this in Mexico, you call the California court and ask your questions of it.

Have you applied for a license in Mexico? You said you have no plans to return to California. Do you have plans to return to the US?

 

[skitz]

Are you asking if you can raise your "request" to the level of a "threat of legal action"? If so, the answer is no.

Threat of legal action - absolutely not! I'm just saying that there may be guidelines or laws written somewhere regarding this. 15th amendment? I don't know. I'm asking.

 

[quincy]

Threat of legal action - absolutely not! I'm just saying that there may be guidelines or laws written somewhere regarding this. 15th amendment? I don't know. I'm asking.

Do you now live in Mexico? Do you currently have a driver's license?

 

[skitz]

I'm beginning to wonder how someone "in a severe state of indigence" has enough money for gasoline to go to other states and get a speeding ticket. Were you driving someone else's (insured) car?

Yes, I was driving someone else's insured car with gasoline they paid for. It was a 3300 mile drive.

 

[quincy]

You live in Mexico now, correct? Texas is the state that issued your driver's license but your speeding ticket was in California?

...

Have you applied for a license in Mexico? You said you have no plans to return to California. Do you have plans to return to the US?

 

[skitz]

You live in Mexico now, correct? Texas is the state that issued your driver's license but your speeding ticket was in California?

I suggest that, if you cannot find help for this in Mexico, you call the California court and ask your questions of it.

Have you applied for a license in Mexico? You said you have no plans to return to California. Do you have plans to return to the US?

I lived in Nevada with a Nevada driver's license. I moved to Mexico 1 year ago with my girlfriend to be with family. We loaded up her Suburban and drove stopping in California to visit friends before driving the 3300 miles to Yucatan. I had money then. Here is the final version of my absolutely no bs testimony that I'm throwing myself to the mercy of the court with. It is 100% truthful i.e. I'm not just trying to take them for a ride. I would pay it with fervor if I had any money. I start out explaining that I did, in fact, make efforts to pay the fine, and the rest is self explanatory. I'm hoping someone here will let me know if there is any part that could be worded better, or anything that should be omitted, and of course I will post here the response I get from the judge. Should be interesting!

Explain Your Reason for Petition: I received this citation on my way out of California to drive 3300 miles to Yucatan Mexico where I now live. A couple of months later, while in Mexico, I made efforts to pay the fine because I still had money from a small inheritance that was about to run out. I no longer had the actual citation so I contacted the CHP. They said that because of the way their system was set up, they were not able to tell me which jurisdiction it was in (email
correspondence attached). Out of 4 possible counties, I sent Inyo county an inquiry
by email (correspondence attached), and queried the website case search portals of Tulare, Fresno, and Kern counties all of which yielded no results.

I recently had to come to Nevada to help my mother in law who had just broken her hip and is paying my travel expenses. This is when I learned that California has a hold on my NV license and that it is Kern county only now I do not have the money to pay. I currently have no income to speak of. In a couple of weeks when I return home to Mexico I will no longer have the Nevada Medicaid and SNAP benefits. I'm a heart failure patient so my ability to find work is extremely limited and always temporary (documentation attached). It is doubtful that I will ever visit California again. It is for these reasons and mitigating circumstances that I apologize to the court and humbly ask for a disposition of the fine and court fees as a one time amnesty. Also, that the hold on my license be lifted to prevent undue future related issues.

 

[quincy]

I lived in Nevada with a Nevada driver's license. I moved to Mexico 1 year ago with my girlfriend to be with family. We loaded up her Suburban and drove stopping in California to visit friends before driving the 3300 miles to Yucatan. I had money then. Here is the final version of my absolutely no bs testimony that I'm throwing myself to the mercy of the court with. It is 100% truthful i.e. I'm not just trying to take them for a ride. I would pay it with fervor if I had any money. I start out explaining that I did, in fact, make efforts to pay the fine, and the rest is self explanatory. I'm hoping someone here will let me know if there is any part that could be worded better, or anything that should be omitted, and of course I will post here the response I get from the judge. Should be interesting!

Explain Your Reason for Petition: I received this citation on my way out of California to drive 3300 miles to Yucatan Mexico where I now live. A couple of months later, while in Mexico, I made efforts to pay the fine because I still had money from a small inheritance that was about to run out. I no longer had the actual citation so I contacted the CHP. They said that because of the way their system was set up, they were not able to tell me which jurisdiction it was in (email
correspondence attached). Out of 4 possible counties, I sent Inyo county an inquiry
by email (correspondence attached), and queried the website case search portals of Tulare, Fresno, and Kern counties all of which yielded no results.

I recently had to come to Nevada to help my mother in law who had just broken her hip and is paying my travel expenses. This is when I learned that California has a hold on my NV license and that it is Kern county only now I do not have the money to pay. I currently have no income to speak of. In a couple of weeks when I return home to Mexico I will no longer have the Nevada Medicaid and SNAP benefits. I'm a heart failure patient so my ability to find work is extremely limited and always temporary (documentation attached). It is doubtful that I will ever visit California again. It is for these reasons and mitigating circumstances that I apologize to the court and humbly ask for a disposition of the fine and court fees as a one time amnesty. Also, that the hold on my license be lifted to prevent undue future related issues.

Nevada. Thanks. There were a lot of posts about Texas.

Are you in Nevada or Mexico right now? Your post confuses me.

You say there is a "hold" on your license. So right now you cannot renew your license or drive legally.

I don't know how the court will respond to your petition. You can send it and hope for the best. It is possible after a year that the State has already turned the fine over to collectors.

How much was the original fine?

I recommend you contact the court.

 

[skitz]

Nevada. Thanks. There were a lot of posts about Texas.

Are you in Nevada or Mexico right now? Your post confuses me.

You say there is a "hold" on your license. So right now you cannot renew your license or drive legally.

I don't know how the court will respond to your petition. You can send it and hope for the best. It is possible after a year that the State has already turned the fine over to collectors.

How much was the original fine?

I recommend you contact the court.

Thanks for responding. It says on the form "California Rules of Court, Rule 4.335 - You may request an ability-to- pay determination at adjudication, or while the judgment remains unpaid, including when a case is delinquent or has been referred to a collection program".

I am in Nevada right now. It's California so the fine is astronomical, I'm sure. However much is irrelevant if I don't have 2 pennies to rub together. The form is called Petition For Ability-To- Pay Determination (CRC 4.335) And Order (For Use In Traffic And Other Infraction Cases).

It also says that "the court may exercise its discretion to provide for payment on an installment plan, if available, suspend the fine completely or in part, or offer an alternative disposition".

If my case isn't a textbook case (with all of the earmarks) for a "suspend the fine completely", then I don't know what is. Having pointed that out, I believe there is a very good chance. I just wanted to run it by somebody with a legal background before I send it. Is there anything in my choice of wording that you would change, add, or omit? Thank you for taking the time. Your assistance is very much appreciated.

 

[skitz]

Nevada. Thanks. There were a lot of posts about Texas.

Are you in Nevada or Mexico right now? Your post confuses me.

You say there is a "hold" on your license. So right now you cannot renew your license or drive legally.

I don't know how the court will respond to your petition. You can send it and hope for the best. It is possible after a year that the State has already turned the fine over to collectors.

How much was the original fine?

I recommend you contact the court.

So, I see why you were confused. Looking back at the thread I did mention Texas. I got a speeding ticket in Texas 2 months ago coming to Nevada from Mexico. Texas has the same policy. There's a Texas website that explains how indigence is dealt with there and how it affects the court system. Here's a statement that I cherry picked from that website: "Fines and costs must be waived if defendants can't pay and community service is an undue hardship."

I guess nobody has any idea that these things exist. I didn't. I found out about it when I was sitting there thinking about how screwed I am and what the hell can I do about it. I searched to see if any such thing as this existed in the legal system and to my surprise, there it was!

 

[skitz]

Just wanted to thank those who responded. I was able to find all of my answers at this website:
https://www.laaconline.org/training/conquering-court-debt/

 

[quincy]

Just wanted to thank those who responded. I was able to find all of my answers at this website:
https://www.laaconline.org/training/conquering-court-debt/

Legal aid organizations are a great source of information. I am happy you found what you were looking for. Good luck with your petition to have your fine waived for your traffic ticket.

Once you have your California speeding ticket resolved (however it is eventually resolved) and you are able to drive legally again, I recommend you pay careful attention to all speed limits so you don't find yourself in the same (or worse) position again.