By Law Offices | Felicia Yates & Associates
The State of California’s Judicial Council releases a new Uniform Bail and Penalty Schedule during January of each calendar year, as authorized under California Rules of Court, Rule 4.102. The Traffic Infraction and Traffic Misdemeanor sections alone, of this newly released schedule, cover approximately 125 pages of content - with only a modest percentage of that content relevant to the types of typical traffic violations issued to a commercial driver or CDL holder in California.
Let’s take a look at one of the most common citations issued in California to a CDL holder – a violation of California Vehicle Code Section 22406(a), also known as Speeding in a Commercial Vehicle. The bail amount for this particular violation varies, primarily based upon, the alleged speed of your vehicle at the time you are issued a traffic ticket. If you are cited for traveling 1 – 9 miles per hour over the speed limit of 55 mph, then your total "bail amount" will be calculated at approximately $295.00. However, if you are cited for traveling 10 miles per hour or more over the speed limit of 55 mph, then your total "bail amount" will leap to a calculated figure of approximately $490.00. In both instances, there are twelve (12) separate fees or assessments that the State of California adds together which makes up the total "bail amount." This is also the amount which the Superior Court will generally include on their Courtesy Notice sent via U.S. mail to a traffic defendant. It is important to note that, if you do not receive the Courtesy Notice in the mail from the Superior Court, it is NOT a valid legal reason you may use to ignore the appearance date that the citing officer wrote towards the bottom of the traffic citation – when you signed your name on the traffic citation, you made a promise to appear, without admitting guilt, by the date and time indicated on the traffic ticket.
Except
as otherwise required by statute, under California Penal Code sections
1203, 1203.1, and 1203(b), a Judge has the discretion to suspend the minimum sentence, including fines and penalties.
For traffic cases, Vehicle Code section 42003 permits a Judge or
Referee to consider a Defendant’s ability to pay. Also Vehicle Code
sections 42003 and 40510.5 permit installment payments of judgments in traffic cases. Once your traffic case has been adjudicated in a court of law and the judge issues a final order, your prior "bail amount" would be converted into a specific "fine amount" owed to the Court - unless you had the good fortune of having your charge(s) dismissed by the judge.
One reason it so important for a CDL holder to hire a competent attorney to contest any traffic citation he/she receives, is that simply posting the bail amount owed to the Court is the same thing as standing in front of the Judge and saying “guilty as charged your honor.” It also gives a person the best chance to obtain a dismissal or a reduction of their charge, so negligent operator points are avoided, along with eliminating the stigma of having a moving violation on their motor vehicle record.
Since everyone's case is unique to that individual and the specific circumstances, you should consult with a competent CDL attorney to determine your best course of action. Our office has expertise in this area of the law, and we encourage you to reach out for a free consultation. Attorney Felicia Yates has been practicing law for over 35 years in California and may be contacted at (702) 817-4661, via e-mail at attorneyfeliciayates@gmail.com, or via website at https://www.attyfeliciayates.com.
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