Advertisments:

Ran A Red, Did My Time- But Still Have To Pay?

Ran A Red, Did My Time- But Still Have To Pay?

Postby ludano17 » Mon Mar 26, 2012 7:17 am

California- I ran a red light around June of 2011 with a friend in the car. I had to speed to try and catch it, but was too late anyways. I got a $475 ticket (with photographic evidence) in the mail, plead guilty, and worked off the 20 community service hours- but the place I was doing my hours at only logged 16 of my 20 hours by the deadline. Now collections is making me pay the full $475 ticket.

My questions:
1) Can the 6th amendment right to see your accuser in court be exercised only while you are entering a plea (is it too late for me?)
2) If I schedule a hearing with the court, what are the chances of me getting my fine reduced to below $50, or annulled completely, when I have a lack of evidence (NOT having hours to prove, which is the very problem here)?
ludano17
 
Posts: 845
Joined: Thu Mar 31, 2011 12:21 pm
Top

Ran A Red, Did My Time- But Still Have To Pay?

Postby ned » Mon Mar 26, 2012 7:19 am

1) You want them to take a camera in to the Court? Are you going to question the camera? Yes you have a certain right to question if it is set up accurately and everything, but since you already plead guilty you would basically be screwed. You also have admitted to us that you had to SPEED(breaking law 1) to try and catch the light(Breaking law 2, you are supposed to stop at a yellow if you can't get through it and it's safe, which you have admitted it was) and that you did indeed run the light. Don't expect much sympathy on that one.
2)Well since you plead guilty and were sentenced to 20 hours I am thinking your chances are not very good. You are talking about JUNE of last year. This has gone on quite awhile for you to be protesting it now. That will effect their opinion of you. At best you are still likely to have $125+. You are credited for 3/4 of time you were supposed to do time. Why would they credit you for over 7/8th of the time? On top of the fine(if reduced) you are going to have more court costs.
ned
 
Posts: 758
Joined: Thu Mar 31, 2011 4:00 pm
Top

Ran A Red, Did My Time- But Still Have To Pay?

Postby valentino » Mon Mar 26, 2012 7:21 am

It sounds as if it depends upon the reason your hours were short, as to whether you might have an argument in court. Was it due a clerical problem, or did you not fulfill your CS requirement?

Since you already plead guilty, your argument with the camera evidence is moot.
Your case not hinges upon fulfilling your bargain with the court, which you may not have lived up to - as you describe it. You ran a red light, agreed on that point, and either did or didn't do your payback. That's your issue now. Don't think you're going to win any points with a judge arguing the original case now - that was overthe minute you plead guilty and accepted the punishment.

Seriously - just pay the fine. It's not that much, given the probabilities. And next time, pay attention - you're incredibly lucky no one was killed. For a lot of people, this sentence would be the death of a friend, another driver, or a lifetime of massive disabilty.
valentino
 
Posts: 796
Joined: Sat Apr 02, 2011 3:36 am
Top

Ran A Red, Did My Time- But Still Have To Pay?

Postby shen86 » Mon Mar 26, 2012 7:24 am

Your case has been adjudicated, it's over. You can't get a do-over.

You plead guilty to speeding. You were sentenced to 20 hours of service. You waited until nearly the deadline to do the hours, so you didn't have time to straighten out a problem with the last four . . Which made the fine become due and payable. You didn't pay it in a timely manner, so now it's in collections.

I can't imagine how you could take it back to court at this point, there is nothing left for the court to rule on.
shen86
 
Posts: 837
Joined: Thu Mar 31, 2011 5:05 am
Top


Return to Traffic Law

 


  • Related topics
    Replies
    Views
    Last post

Who is online

Users browsing this forum: No registered users and 1 guest