California Vehicle Code Section 27315(d,e) and Traffic Ticket Cost, Bail, Court Fines, Penalties and Points

CA Codes

California Vehicle Code

VC Section 27315(d,e) - Mandatory Use of Safety Belts Required

As of March 1, 2011

27315(d,e). (d) (1) A person shall not operate a motor vehicle on a highway unless that person and all passengers 16 years of age or over are properly restrained by a safety belt. This paragraph does not apply to the operator of a taxicab, as defined in Section 27908, when the taxicab is driven on a city street and is engaged in the transportation of a fare-paying passenger. The safety belt requirement established by this paragraph is the minimum safety standard applicable to employees being transported in a motor vehicle. This paragraph does not preempt more stringent or restrictive standards imposed by the Labor Code or another state or federal regulation regarding the transportation of employees in a motor vehicle. (2) The operator of a limousine for hire or the operator of an authorized emergency vehicle, as defined in subdivision (a) of Section 165, shall not operate the limousine for hire or authorized emergency vehicle unless the operator and any passengers six years of age or over or weighing 60 pounds or more in the front seat are properly restrained by a safety belt. (3) The operator of a taxicab shall not operate the taxicab unless any passengers six years of age or over or weighing 60 pounds or more in the front seat are properly restrained by a safety belt. (e) A person 16 years of age or over shall not be a passenger in a motor vehicle on a highway unless that person is properly restrained by a safety belt. This subdivision does not apply to a passenger in a sleeper berth, as defined in subdivision (x) of Section 1201 of Title 13 of the California Code of Regulations.

Ticket Fine - $80.00

There are additional penalties the court adds of between $21 and $26 and a court penalty of $7 for every $10 of base fine, plus a surcharge of $15 for a misdemeanor and $7 for an infraction and a court fee of up to $7, plus a $40 court security fee per violation and a conviction assessment fee (around $35) where applicable. Late fees can easily add another $200 to a fine.

Our law firm can request a trial by declaration, however, the Request for Trial by Declaration must be received by the court by the appearance date indicated on your Notice to Appear. Bail must be deposited with the clerk of the court by the appearance date. In addition, you can expect attorneys’ fees for 3 to 4 hours of work in simple matters and 7 to 8 hours of work in more complex cases for preparation of the Request for Trial by Declaration and preparation of the evidentiary documentation to support your claim of innocence or other explanation of your actions.

If you are dissatisfied with the court’s decision, you may ask for a new trial (trial de novo) within 20 days after the court’s decision is mailed to you, however you will then be responsible for additional attorney fees and costs should you decide to ask for a trial de novo and for representation in that subsequent trial. As always, no attorney can guarantee success either in the original Request for Trial by Declaration or in any subsequent new trial.

Should our law firm be retained to represent you in a Request for Trial by Declaration, there is no obligation by our law firm to request a trial de novo should you be dissatisfied with the court’s decision, or to represent you in any subsequent trial.

Points - 0

Fines are doubled in safety-enhancement fine zones, and construction zones.

Higher penalties are incurred for violations committed in a school zone, a business district, a senior citizen zone and at a railroad crossing.

Prior convictions of violations for which a point is assigned carry an additional $10 for each prior conviction within the previous 36 months

Cost of traffic school is generally $49.00 to $56.00. Filing of certificate of completion is extra.

Multiple offenses incur an additional penalty of between $19 and $26 for every $10 of base fine or part thereof plus the surcharge on the base fine, plus a $25 transaction fee for each offense, a $30 court security fee for each offense and a conviction assessment fee of $35 for each offense.

Late charges are 50 percent of any traffic ticket fines and penalties not paid within 20 days from the date of mailing a notice that a penalty has been assessed.