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Infraction or Misdemeanor

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bobbyneedshelp

Junior Member
Hello from England.
Hello, whilst on holiday in California I got a ticket for going in excess of 100mph on highway 15 (near Barstow.)
The ticket indicated that this was an infraction yet also demanded I appear in court before a judge.
I have since returned to the UK and I received a letter informing me I had been fined $500 in my absence.
My fundamental questions are …

1.. Did the officer issuing the ticket make a mistake when he checked the "infraction" box instead of the misdemeanour box on the ticket?
2.. If he did make a mistake how do I bring this to the courts attention?
3.. Am I entitled to challenge the amount of the fine?

I want to be able to visit the USA again without fear of an airport arrest over this matter …should I just pay up?
My kindest regards in advance for any advice offered to me.
 


FlyingRon

Senior Member
Nope, strange as it seems 22348(b) is just an infraction in California. $500 fine + costs.
Not that it matters to you, but you'll also get 2 points assessed.
What basis do you have to challenge it? You can try but you'll need to appear to do so (twice).
Failure to appear (or pay the fine), will certainly not help you. You'll be charged more money for the FTA and a warrant (in California) will be issued.
 

Zigner

Senior Member, Non-Attorney
Nope, strange as it seems 22348(b) is just an infraction in California. $500 fine + costs.
Not that it matters to you, but you'll also get 2 points assessed.
What basis do you have to challenge it? You can try but you'll need to appear to do so (twice).
Failure to appear (or pay the fine), will certainly not help you. You'll be charged more money for the FTA and a warrant (in California) will be issued.
"costs" are often twice the base fine ;)
 

FlyingRon

Senior Member
"costs" are often twice the base fine ;)
Actually, it appears in San Bernandino the base fine is only $200 (it could be up to $500 for a first offense), Looks like it's $900 once you get done defraying the California budget crisis.
 

Zigner

Senior Member, Non-Attorney
Actually, it appears in San Bernandino the base fine is only $200 (it could be up to $500 for a first offense), Looks like it's $900 once you get done defraying the California budget crisis.
Then the additional cost is actually 3x, not 2x.
 

bobbyneedshelp

Junior Member
"What basis do you have to challenge it? You can try but you'll need to appear to do so (twice)."


I was summoned to appear in court, would I have been given the opportunity to plead not guilty?

Was this a trial in my absence?

Did the court assume that my non appearance was an admission of guilt?
 

Proserpina

Senior Member
"What basis do you have to challenge it? You can try but you'll need to appear to do so (twice)."


I was summoned to appear in court, would I have been given the opportunity to plead not guilty?

Was this a trial in my absence?

Did the court assume that my non appearance was an admission of guilt?


In a nutshell, yes.

(times 3)
 

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