Fine for seat belt ticket - passenger

[mpr]

What is the name of your state? CA

While seated in the back of my wife's car and not wearing my seat belt,
we got pulled over by a CHP officer who gave me a ticket. According to him
the cost would be around $30, and would not be sent to my insurance.
OK. Then I received the official citation from the superior court, and to my
surprise, the cost of the ticket is now $86.20 !!!

To investigate further, I searched for my ticket violation number ( VC 27315E ) on the DMV web site, and they clearly state that the following:

>>Notwithstanding subdivision (a) of Section 42001, any violation of >>subdivision (d), (e), or (f) is an infraction punishable by a fine ( )4 of not >>more than twenty dollars ($20) for a first offense, and a fine ( )4 of not >>more than fifty dollars ($50) for each subsequent offense.

So my question is : why doesn't my fine match the California DMV law ?

I am willing to pay the fine, but am wondering if they are not just trying to make more money out people ?

Please let me know,
Michel.

 

[racer72]

Your fine doesn't match the state law because local jurisdictions can and do add their own fines on top of the state penalties. And the $20 is a minimum fine. I found this from the California AAA. Read the part about seat belt fines.

 

[mpr]

Racer72, thank you for finding the answer to my question. For those interested, here is the ammendment AB 1625 from assembly men Benoit:
"This bill would delete the inclusion of the penalty assessments
and court costs in determining the maximum amount of the fine that
may be imposed. The bill would also eliminate the additional penalty
assessments levied for a first and subsequent offense."
It's so funny that the wording above seems to indicate at first that the fine would be less while it's exactly the opposite by adding court costs and penalty assessments!!

 

[I AM ALWAYS LIABLE]

What is the name of your state? CA

While seated in the back of my wife's car and not wearing my seat belt,
we got pulled over by a CHP officer who gave me a ticket. According to him
the cost would be around $30, and would not be sent to my insurance.
OK. Then I received the official citation from the superior court, and to my
surprise, the cost of the ticket is now $86.20 !!!

To investigate further, I searched for my ticket violation number ( VC 27315E ) on the DMV web site, and they clearly state that the following:

>>Notwithstanding subdivision (a) of Section 42001, any violation of >>subdivision (d), (e), or (f) is an infraction punishable by a fine ( )4 of not >>more than twenty dollars ($20) for a first offense, and a fine ( )4 of not >>more than fifty dollars ($50) for each subsequent offense.

So my question is : why doesn't my fine match the California DMV law ?

I am willing to pay the fine, but am wondering if they are not just trying to make more money out people ?

Please let me know,
Michel.

My response:

On the ticket is a phone number for the court. The Clerk will answer. S/He has the answer. Also, the clerk will undoubtedly give you the "base" fine. Don't be fooled by that amount. In California, we have an "enhancement" fee of 171% which covers court costs and administration expenses, plus $12.00 for Homeland Security. Since the passage of the 1978 Proposition 13, property taxes have been cut so severely that the courts don't get enough money to run, and now add this 171% "user fee" to pay for our court system; i.e., Those that don't get tickets, don't pay. Those that do get tickets, pay through the nose.

So, an otherwise inexpensive fine, could wind up to be hundreds of dollars.

IAAL


California Government Code section 70372.

(a) Except as otherwise provided in this article, there
shall be levied a state court construction penalty, in addition to
any other state or local penalty including, but not limited to, the
penalty provided by Section 1464 of the Penal Code and Section 76000
of the Government Code, in an amount equal to five dollars ($5) for
every ten dollars ($10) or fraction thereof, upon every fine,
penalty, or forfeiture imposed and collected by the courts for
criminal offenses, including, but not limited to, all offenses,
except parking offenses, as defined in subdivision (i) of Section
1463 of the Penal Code, involving a violation of a section of the
Fish and Game Code, the Health and Safety Code, or the Vehicle Code
or any local ordinance adopted pursuant to the Vehicle Code. Any
bail schedule adopted pursuant to Section 1269b of the Penal Code may
include the necessary amount to pay the state penalties established
by this section, by Section 1464 of the Penal Code, and Chapter 12
(commencing with Section 76000) of Title 8 of the Government Code for
all matters where a personal appearance is not mandatory and the
bail is posted primarily to guarantee payment of the fine. After a
determination by the court of the amount due, the clerk of the court
shall collect the penalty and transmit it immediately to the county
treasury and the county treasurer shall transmit these sums as
provided in subdivision (f).

(underlining added)