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Traffic violation procedures

Started by restlessdriver87 · · 👁 23 views · 1.6K replies

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Participants restlessdriver87Brian Lopez8Keith Taylor4Gary Hernandez6Robin Rodriguez5rowdyviper3Michael Rodriguez40hollowtrucker77Joshua Williams82Jason Chavez32Eric Wood7cosmicridge5ironangler22urbanranger18Kevin White5dustyjackal68goldengull3dustyscout53William White2Rebecca Cox2fadedtrucker19Kyle Nelson2Brenda Turnercasualfox9 …
Jesse James5 Jesse James5 Member
35 messages
joined Jun 2008
#1441 ·
Aaron Adams6 said:I got hit with a DUI, and the fine is massive. I’m wondering if there’s any way to dodge paying it entirely. Look, I’m not looking for sympathy because I know I messed up, but I’m a college student living on zero income right now. Based on that, is there any chance they’d at least lower the fine? Also, should I expect some official paperwork from the police to show up at my house?


The court doesn't care about the "broke student" excuse when it comes to drinking and driving.
When you head to court, just admit to the violation, ask for leniency, and lay out your circumstances—like having a clean record and being a student with no job...
You didn't mention your BAC level, though..
There's also the possibility of a license suspension; that's entirely up to the judge, though the police handle the enforcement.
Jesse James5 Jesse James5 Member
35 messages
joined Jun 2008
#1442 ·
neonnomad9 said:So, my appeal was denied, and now I’m staring at a court order demanding I pay a fine of $233.
The thing is, the judgment doesn't specify where to send the money or even provide a deadline. When the officer pulled me over, he didn't hand me any payment slip or anything similar.
Does anyone have experience with this? Will a bill eventually show up in my mailbox, or am I just left hanging? Please, if anyone knows, let me know—I really don't want to end up behind bars just because of some administrative oversight regarding a three-day 🙂 window.


You’ll need to contact whoever issued the judgment to sort out the payment details.
Since you've already received the ruling and had your appeal rejected, they won't be mailing you a bill. You have to reach out to the issuing agency yourself with the paperwork in hand.
Jesse James5 Jesse James5 Member
35 messages
joined Jun 2008
#1443 ·
silentpilot6 said:Hello,

I have a quick question.
The police pulled me over this morning because I allegedly failed to yield to a pedestrian in a crosswalk... but the thing is, the pedestrian wasn't even in the crosswalk yet; they were walking toward it. By the time I cleared the 😁 intersection, they were probably still about two meters away from the actual crossing.
To get straight to the point... the officer gave me a citation, and honestly, I'm not really looking to pay $167. But my question isn't actually about that. A colleague told me that if you haven't had a single traffic violation in the last year (which is true for me), I could potentially go down to the station and they might just "let me off with a warning." In other words, I wouldn't have to pay anything; they'd just issue a formal reprimand instead. 🤷
Does that actually hold any water? Or... I'm worried that if I show up at the station, I'll just end up looking foolish. 🤣

Thanks in advance

If I'm reading this right, they mean a written warning...
My aunt recently got one, but it was issued right there on the spot...🤣
Maybe try going to the police station and asking (bring the citation, obviously)...
I'm skeptical, but it might work.😁
Justin Torres77 Justin Torres77 Newcomer
2 messages
joined Mar 2009
#1444 ·
So, I just got the paperwork back for a traffic violation, and the fine is sitting at $167.
In the past, I used to just casually swap out those kinds of penalties for community service hours—it was easy, and honestly, nobody ever actually made me show up to do the work because it was basically just a formality.
Now I'm wondering if things have actually changed under the Traffic Safety Act—is this community service thing a real thing now, or is it still just something they write down on paper to look good?
Jesse James5 Jesse James5 Member
35 messages
joined Jun 2008
#1445 ·
Justin Torres77 said:So, I just got the paperwork back for a traffic violation, and the fine is sitting at $167.
In the past, I used to just casually swap out those kinds of penalties for community service hours—it was easy, and honestly, nobody ever actually made me show up to do the work because it was basically just a formality.
Now I'm wondering if things have actually changed under the Traffic Safety Act—is this community service thing a real thing now, or is it still just something they write down on paper to look good?


The laws have shifted.😁
Sadly, using community service as a way to settle unpaid fines under $167 has been scrapped...
Take a close look at your official notice—specifically the section detailing how to satisfy the fine...
It’s still an option, but only if the offense falls under the Misdemeanor Act rather than the other statutes.🙂
Justin Torres77 Justin Torres77 Newcomer
2 messages
joined Mar 2009
#1446 ·
My paperwork says I have the option to swap this out for community service hours...
So that’s exactly what I’m going to do—we'll see how that plays out. 😁
James Campbell2 James Campbell2 Newcomer
5 messages
joined Nov 2007
#1447 ·
Hey there.
So, I just got a citation in my mailbox for a vehicle tow—specifically for the mere act of a parking enforcement officer showing up at $83. Here’s the deal: it was Saturday morning, and I had to run to the hospital (St. Jude) for maybe five minutes. By the time I got back, the tow truck was already there. I told the guy I was only gone for five minutes to hit the hospital, but he didn't care; he just hooked it up, and I left. Apparently, the fine is because I didn't leave a full foot of clearance for pedestrians (you can see in the photo I was damn close to that one-foot mark). Now I'm wondering if I'm going to get slapped with a police ticket on top of this, or if this is it. And how do I even fight this? I'm a student, so I definitely don't have the cash to drop on this. It was Saturday morning, I went to the hospital for five minutes, and I still left about 30 inches of space so people could walk through. What chance do I actually have with an appeal?

Here's the photo.
mistyseal11 mistyseal11 Regular
250 messages
joined Aug 2007
#1448 ·
The defendant....

HE'S GUILTY

because on August 29, 2007,

1) he was operating his personal vehicle... and it was established that he was driving as a novice driver without having anyone over the age of 25 in the car who holds a valid Class B license and isn't currently under any driving bans.

which means he violated Section 221, Subsection 4 of the Vehicle Code, punishable under Section 221, Subsection 9 of that same statute.

Section 221, Subsection 4 states that a novice driver will be hit with a fine of $333 if they act contrary to the provisions laid out in subsection 3 of this section..
Section 221, Subsection 9 doesn't even exist.

2) because during the same incident, it was determined he didn't have his valid driver's license on him—the one that hasn't been subject to any bans or restrictions.

Section 229, Subsection 5.
A fine of $100 will be imposed on any driver who fails to carry their driver's license or refuses to present it when requested by a police officer.

meaning he committed a violation under Section 229, Subsection 1 of the Vehicle Code, punishable by Section 229, Subsection 5 of the same law, so the court is setting

for offense 1), a fine of $167
for offense 2), a fine of $100

and based on Section 49, Subsection 1 of the Misdemeanor Act, his total fine is set at $267

(+$133 court costs)

------
Also, the judge shot down every single one of my appeals (fine, whatever) BUT they completely twisted my words in the written explanation,

man, seeing "guilty under 1)" actually caused me some serious mental anguish—I mean, how would you feel if someone branded you guilty of something that isn't even in the law books? huh?
And on top of that, I actually have to pay the fine. It’s a total nightmare, I'm not even kidding.

The verdict was handed down on May 6, 2008, and I just got it today.

I'm begging for some advice on what to do next. Please. Look, I've still got about 5 months left before the statute of limitations kicks in under the old law (which was way more lenient, obviously).
brightfalcon522 brightfalcon522 Newcomer
8 messages
joined Feb 2009
#1449 ·
mistyseal11 said:The defendant....

HE'S GUILTY

because on August 29, 2007,

1) he was operating his personal vehicle... and it was established that he was driving as a novice driver without having anyone over the age of 25 in the car who holds a valid Class B license and isn't currently under any driving bans.

which means he violated Section 221, Subsection 4 of the Vehicle Code, punishable under Section 221, Subsection 9 of that same statute.

Section 221, Subsection 4 states that a novice driver will be hit with a fine of $333 if they act contrary to the provisions laid out in subsection 3 of this section..
Section 221, Subsection 9 doesn't even exist.

2) because during the same incident, it was determined he didn't have his valid driver's license on him—the one that hasn't been subject to any bans or restrictions.

Section 229, Subsection 5.
A fine of $100 will be imposed on any driver who fails to carry their driver's license or refuses to present it when requested by a police officer.

meaning he committed a violation under Section 229, Subsection 1 of the Vehicle Code, punishable by Section 229, Subsection 5 of the same law, so the court is setting

for offense 1), a fine of $167
for offense 2), a fine of $100

and based on Section 49, Subsection 1 of the Misdemeanor Act, his total fine is set at $267

(+$133 court costs)

------
Also, the judge shot down every single one of my appeals (fine, whatever) BUT they completely twisted my words in the written explanation,

man, seeing "guilty under 1)" actually caused me some serious mental anguish—I mean, how would you feel if someone branded you guilty of something that isn't even in the law books? huh?
And on top of that, I actually have to pay the fine. It’s a total nightmare, I'm not even kidding.

The verdict was handed down on May 6, 2008, and I just got it today.

I'm begging for some advice on what to do next. Please. Look, I've still got about 5 months left before the statute of limitations kicks in under the old law (which was way more lenient, obviously).


Yeah, that specific provision doesn't exist in the law currently in effect, but under the law that was active at the time (and which determined your fine) through June 17, 2008, it was punishable.
Since a new, more favorable law has taken effect, if you file an objection, they will apply the more lenient one. You'll only be fined for failing to carry your driver's license.

As for your "mental anguish," honestly, people like you make me sick—those who intentionally break the rules and then act horrified when they get penalized for it!

It's funny how you know your rights perfectly well, but you don't know or respect your obligations. Suddenly, when someone doesn't respect your rights, it causes you "mental anguish."

It’s no wonder this country is a mess. Nobody wants to pay anything. The American mentality is a disaster!
mistyseal11 mistyseal11 Regular
250 messages
joined Aug 2007
#1450 ·
thanks for the reply! 🙂

if they're gonna be so obsessed with babysitting young drivers, then honestly, why not just give them lighter penalties too? lol
''become a rookie driver yourself for just $9.99...''
Gregory Lopez7 Gregory Lopez7 Newcomer
8 messages
joined Feb 2018
#1451 ·
Following an order from a municipal code enforcement officer regarding grass maintenance, my vehicle was towed to a private landfill operated by a contractor hired by the city. After the initial shock wore off and I realized my car hadn't actually been stolen, I drove 3.7 miles, straight to the impound lot. There, the official hands you a NOTICE OF VIOLATION. This notice includes a digital photo and states that the vehicle was moved to the landfill on [Street Name]. The fine is $167, payable within 8 days. But here’s the catch: the car is already there, and the landfill employee is flatly insisting that I pay the violation fine first, and *then* cover the towing fees. QUESTION: Given that a code enforcement officer likely doesn't hold some divine "certificate" of absolute infallibility, can they really issue an immediate penalty that includes forced towing at the offender's expense? At this point, it doesn't even matter if a violation actually occurred; a judgment is being handed down outside of a courtroom, without any due process or even a chance to defend myself, simply because the people at the impound lot demand payment upfront. Is this extortion? Racketeering? Coercion? What is the point of our court system and the principles of Constitutional Law and equality before the law if your property can be seized this way? Furthermore, while the law specifies the equipment required in an enforcement vehicle, nowhere does it state that a driver should carry a stash of cash just in case they need to grease the palms of various "trained" roadside officials. Even the most notorious criminals are entitled to due process and the execution of a final, lawful judgment. What is the legal standing of this entire procedure?
Drew Morgan Drew Morgan Active Member
189 messages
joined Aug 2009
#1452 ·
It’s unclear—is that vehicle even operational? And are we talking about a landfill here?

Take a look at the Municipal Services Act

That’s where the specific powers of municipal enforcement officers are laid out.

Otherwise, I think you can handle it through an app. There is absolutely no requirement to pay a fine before a municipal court has actually reached a verdict. Police officers often try to pressure people into paying on the spot, but you don't have to cave. Just be ready for the potential downside: you might end up facing higher costs if you have to cover court fees after the legal process plays out.
Gregory Lopez7 Gregory Lopez7 Newcomer
8 messages
joined Feb 2018
#1453 ·
Drew Morgan said:It’s unclear—is that vehicle even operational? And are we talking about a landfill here?

Take a look at the Municipal Services Act

That’s where the specific powers of municipal enforcement officers are laid out.

Otherwise, I think you can handle it through an app. There is absolutely no requirement to pay a fine before a municipal court has actually reached a verdict. Police officers often try to pressure people into paying on the spot, but you don't have to cave. Just be ready for the potential downside: you might end up facing higher costs if you have to cover court fees after the legal process plays out.

THANKS!
The core issue is whether an actual violation even took place. (The car was running). It really comes down to how they handle things, which I suspect violates Constitutional regulation regarding the right to a fair trial and the presumption of innocence. A municipal officer isn't a judge, and they aren't infallible. Because of that, one can certainly initiate appropriate legal action. Also, my advice about not paying the fine upfront? Don't ignore that when they try to put you in a "blackmail" situation by holding your vehicle hostage until you pay. I'm looking for more thoughts on this.
rowdylynx38 rowdylynx38 Active Member
58 messages
joined Nov 2008
#1454 ·
Hello, everyone.
Here’s the situation: a routine truck inspection. The officer wrote up a citation, but three out of the four violations listed didn't actually happen. It should be an open-and-shut case because the logbook printouts—which the officer seized and issued a receipt for—prove it clearly.
We filed an appeal, and today we received a summons to appear in Municipal Court. They’re also demanding proof of average income for the last three months.

I have a few questions. Will the court actually review the appeal during this hearing? We haven't received anything in writing besides the summons itself. Does it make sense to bring along a witness who saw the whole thing? And realistically, what are the odds the judge accepts the appeal—keeping in mind that providing income statements probably won't lower the fine since the logs prove the violations were errors?

Thanks in advance.
👋

p.s. Thanks to the mods for moving this thread. I wasn't trying to start a massive debate here. My bad. 🙂
Steven Thompson14 Steven Thompson14 Newcomer
2 messages
joined Feb 2011
#1455 ·
So here’s the deal...
About twenty days ago, a patrol pulled me over just three blocks from my house. I was heading to the local bakery and realized I didn't have my driver's license on me. I got hit with a fine from the $100, which is whatever—I'll pay it. The second issue was a busted front passenger-side headlight. Honestly, I had no idea; it probably burned out five minutes before I left since I hadn't even gone anywhere else. That one carries a $233 fine. Now I'm wondering if it's actually worth fighting this or asking for a warning?
The total for both comes to $333.
Jamie Kim19 Jamie Kim19 Newcomer
1 message
joined Mar 2009
#1456 ·
So, I had a run-in today—though honestly, I’m not even entirely sure if I actually blew a red light. It was one of those intersections where you have a green arrow for turning right onto my🙄 street. A couple of cars were trailing behind me when a police cruiser pulled me over
. They took down my info, checked my paperwork, and informed me that I’d run a red. They spent a moment scribbling some notes in their patrol car before handing my documents back to me. There was no citation issued on the spot, nothing to sign, nothing at all. Should I be bracing myself for something showing up in my mailbox in the coming weeks??😲
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#1457 ·
Could you guys maybe give this thread a quick read-through before just dropping a question out of nowhere? 😉
briskjackal20 briskjackal20 Newcomer
1 message
joined Mar 2009
#1458 ·
Jamie Kim19 said:So, I had a run-in today—though honestly, I’m not even entirely sure if I actually blew a red light. It was one of those intersections where you have a green arrow for turning right onto my🙄 street. A couple of cars were trailing behind me when a police cruiser pulled me over
. They took down my info, checked my paperwork, and informed me that I’d run a red. They spent a moment scribbling some notes in their patrol car before handing my documents back to me. There was no citation issued on the spot, nothing to sign, nothing at all. Should I be bracing myself for something showing up in my mailbox in the coming weeks??😲

I dealt with a situation exactly like this about three months ago. About twenty days later, I got a summons for Municipal Court in San Diego. The police recommendation was: $667 which resulted in me being without a license for three months. I explained to the judge that by the time I had entered the intersection, the turn arrow had already timed out—it doesn't flash or give any warning that it’s about to disappear. The judge noted that in the record and mentioned she would call the officer to testify at a hearing. So... now I wait.
By the way, the very next day after my infraction, there was this massive headline in the local paper: 49 drivers caught running red lights 🙂
That's roughly 100 $0.00, all in one afternoon, straight into the state treasury. I suppose someone has to pay for those armored Ford trucks.😉
rowdylynx38 rowdylynx38 Active Member
58 messages
joined Nov 2008
#1459 ·
rowdylynx38 said:Hello, everyone.
Here’s the situation: a routine truck inspection. The officer wrote up a citation, but three out of the four violations listed didn't actually happen. It should be an open-and-shut case because the logbook printouts—which the officer seized and issued a receipt for—prove it clearly.
We filed an appeal, and today we received a summons to appear in Municipal Court. They’re also demanding proof of average income for the last three months.

I have a few questions. Will the court actually review the appeal during this hearing? We haven't received anything in writing besides the summons itself. Does it make sense to bring along a witness who saw the whole thing? And realistically, what are the odds the judge accepts the appeal—keeping in mind that providing income statements probably won't lower the fine since the logs prove the violations were errors?

Thanks in advance.
👋

p.s. Thanks to the mods for moving this thread. I wasn't trying to start a massive debate here. My bad. 🙂

Nobody? 🙂
crimsonskipper17 crimsonskipper17 Newcomer
2 messages
joined Apr 2009
#1460 ·
I’m wondering—is the police actually allowed to use a radar gun to clock my speed while I'm just cruising right behind a car they're already targeting?

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