HELP Got a ticket: Throwing cig out the window
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Instructor
Joined: May 2011
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From: Socal 818
HELP Got a ticket: Throwing cig out the window
I got a ticket today from a Sheriff. 23111 CVC which is throwing a cigarette out the window. The ticket was marked as an infraction. Any of you guys got any experiences with this?
My question is, since it's marked as an infraction, do I just pay the fine online and thats it or is it mandatory that I show up in front of a judge?
And lastly, is this considered a point on my record? In otherwords, is my insurance going to go up...?
My question is, since it's marked as an infraction, do I just pay the fine online and thats it or is it mandatory that I show up in front of a judge?
And lastly, is this considered a point on my record? In otherwords, is my insurance going to go up...?
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Joined: Nov 2006
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http://www.dmv.ca.gov/pubs/vctop/d18/vc42001_7.htm
While it may show up on your record, there should be no point since it's not a moving violation.
Littering
42001.7. (a) Every person convicted of a violation of Section 23111 or 23112, or subdivision (a) of Section 23113, shall be punished by a mandatory fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) upon a first conviction, by a mandatory fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) upon a second conviction, and by a mandatory fine of not less than seven hundred fifty dollars ($750) nor more than one thousand dollars ($1,000) upon a third or subsequent conviction.
In no case may the court order imprisonment in the county jail for a violation punishable under this subdivision, unless imprisonment is ordered pursuant to Section 166 of the Penal Code.
(b) The court shall, in addition to the fines imposed pursuant to subdivision (a), order the offender to pick up litter or clean up graffiti at a time and place within the jurisdiction of the court as follows:
(1) For a first conviction punished pursuant to subdivision (a), the court shall require the offender to pick up litter or clean up graffiti for not less than eight hours.
(2) For a second conviction punished pursuant to subdivision (a), the court shall require the offender to pick up litter or clean up graffiti for not less that 16 hours.
(3) For a third or subsequent conviction punished pursuant to subdivision (a), the court shall require the offender to pick up litter or clean up graffiti for not less than 24 hours.
(c) It is the intent of the Legislature that persons convicted of highway littering be required to bear the penalty for their actions. Therefore, the court may not suspend the mandatory fines required by subdivision (a) except in unusual cases where the interest of justice would best be served by suspension of the fine. If the court suspends imposition of any fine required by subdivision (a), it shall, as a condition of that suspension, require the offender to pick up litter or clean up graffiti at a time and place within the jurisdiction of the court for not less than eight hours for every one hundred dollars ($100) of fine suspended. The court may not suspend the order to pick up litter or clean up graffiti required by this subdivision or subdivision (b) except in unusual cases where the interest of justice would best be served by suspension of that order.
42001.7. (a) Every person convicted of a violation of Section 23111 or 23112, or subdivision (a) of Section 23113, shall be punished by a mandatory fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) upon a first conviction, by a mandatory fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) upon a second conviction, and by a mandatory fine of not less than seven hundred fifty dollars ($750) nor more than one thousand dollars ($1,000) upon a third or subsequent conviction.
In no case may the court order imprisonment in the county jail for a violation punishable under this subdivision, unless imprisonment is ordered pursuant to Section 166 of the Penal Code.
(b) The court shall, in addition to the fines imposed pursuant to subdivision (a), order the offender to pick up litter or clean up graffiti at a time and place within the jurisdiction of the court as follows:
(1) For a first conviction punished pursuant to subdivision (a), the court shall require the offender to pick up litter or clean up graffiti for not less than eight hours.
(2) For a second conviction punished pursuant to subdivision (a), the court shall require the offender to pick up litter or clean up graffiti for not less that 16 hours.
(3) For a third or subsequent conviction punished pursuant to subdivision (a), the court shall require the offender to pick up litter or clean up graffiti for not less than 24 hours.
(c) It is the intent of the Legislature that persons convicted of highway littering be required to bear the penalty for their actions. Therefore, the court may not suspend the mandatory fines required by subdivision (a) except in unusual cases where the interest of justice would best be served by suspension of the fine. If the court suspends imposition of any fine required by subdivision (a), it shall, as a condition of that suspension, require the offender to pick up litter or clean up graffiti at a time and place within the jurisdiction of the court for not less than eight hours for every one hundred dollars ($100) of fine suspended. The court may not suspend the order to pick up litter or clean up graffiti required by this subdivision or subdivision (b) except in unusual cases where the interest of justice would best be served by suspension of that order.
Last edited by AZuser; Jul 19, 2012 at 02:22 AM.
Thread Starter
Instructor
Joined: May 2011
Posts: 141
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From: Socal 818
Yeah I read all that, but Im hearing different responses elsewhere that say since it is marked as an infraction, it is punishable by financial means only.
Moreso, I need to hear someone's experience with the situation lol
Moreso, I need to hear someone's experience with the situation lol
Thread Starter
Instructor
Joined: May 2011
Posts: 141
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From: Socal 818
What are the stipulations of an infraction? Im reading its financial penalties only. Some people are telling me to send in the payment and I'm done, while others are saying there's community service. If I am not obligated to show up in court, Im wondering how I can be penalized with community service without being in front of a judge.
ticket should say date to appear to court by
it would be taken care of like any other citation..
pay the bail amount in full + fees and call it a day for bail forfeiture or show up to court to possibly receive a lesser fine or none and whatever it is the judge wants. or he gives you options.... if anything.. he will give you options
it would be taken care of like any other citation..
pay the bail amount in full + fees and call it a day for bail forfeiture or show up to court to possibly receive a lesser fine or none and whatever it is the judge wants. or he gives you options.... if anything.. he will give you options
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keep it clean
Joined: Mar 2011
Posts: 415
Likes: 78
From: SoCal
I have not personally received this type of ticket. However, my cousin did, and he paid a fine and did community service. Also, he did appear in court on the date it stated. I can get more information if you need it.
Racer
Joined: Aug 2004
Posts: 467
Likes: 15
From: san diego, CA
Assuming you are willing to repent of this uber weak arsed habit....
The original Mr. Ticket, Mitch Mehdy and associates has been nothing but nails for me regarding tickets. He will most def know the legalities.
619-563-1515
http://mrtrafficticket.com/wordpress/
Have exact citation in front of you when you call.
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