Truck Topics
California: The land of "milk and money."
Money, money and more money. California may be the most expensive place in the Country to get a ticket these days. It's not uncommon to pay $500.00 to $1,500.00 for fines and court costs, and that's just for a simple "duty status not current" logbook ticket!
To make matters worse, California has criminalized certain traffic violations, such as "speeding 15+," and increased the fine amounts on these tickets as well. We answer a lot of questions from drivers with ticket problems in California. Here's a sample of some of our most frequently asked questions.
Question: I got a speeding ticket in California about a week ago. The cop cited me for speeding 18 mph over the speed limit. I called the Court and was told I couldn't take traffic school to have the ticket dismissed. I thought California allowed me to take traffic school once every 18 months? What's going on?
Answer: California recently changed its traffic laws. Now, "speeding 15+" in a commercial vehicle is considered a misdemeanor and you're not automatically allowed to attend traffic school. You also need to add "following too close," "improper lane change," and "improper use of lane" to the list too.
Now, these last three charges aren't considered misdemeanors. But, just like "speeding 15+" in a commercial vehicle, there's no automatic traffic school relief for these violations either. Of course, the Judge can still allow you to attend traffic school in order to have your case dismissed, but you can no longer simply call the Court clerk and ask to be enrolled in traffic school.
In fact, you or your attorney may need to appear in person and request traffic school. REMEMBER! Whatever you do, don't simply pay the above tickets! "Speeding 15+," "following too close" and "improper lane change" are all "serious" Federal violations according to the Federal Motor Carrier Safety Regulations Handbook.
If convicted of two (2) or more "serious" violations in a three-year period, your license to drive a commercial vehicle may be disqualified.
Question: I got a log book ticket in California for not having my duty status current. I called the Court and they wouldn't tell me my fine amount but I received a letter in the mail saying I owed nearly $1,000.00! Can that be right?
Answer: Unfortunately, Yes. The great state of California has also made fine amounts on logbook tickets outrageously high. You've got two (2) options when you receive an expensive logbook ticket. First, in most cases, you can simply pay the fine. Second, either you or your attorney can appear before the Judge and ask that the fine amount be reduced. More often than not, the Judge will agree to reduce the fine amount by as much as 50%.
Question: I got two (2) tickets in California last year and I forgot to pay them. Now, my license is suspended and the Court told me the fines for these tickets have tripled. Can California do that?
Answer: Yes, like all other states, if you don't pay your tickets, the particular court will issue a "failure to appear/comply" and a notice of suspension. In California, the Court usually issues what's known as a "civil penalty" fine when you fail to appear.
This additional fine is usually about $250.00 over and above your original fine amount. If enough time lapses, your unpaid California ticket will usually be sent to a collection agency. If that happens, your ticket will continue to collect interest for everyday it's unpaid and that could add up to a lot of scratch!
We hope you can use the information in this column to help with every day, real life problems you face on the road. We invite you to send us any questions or comments you may have regarding transportation law to:
ROAD LAW
1330 N. Classen Blvd., Suite 215
Oklahoma City, OK 73106
Fax (405) 272-0558
Phone(405) 272-0555.
We look forward to hearing from you.