California Vehicle Code Section 2800.1 and Traffic Ticket Cost, Bail, Court Fines, Penalties and Points

CA Codes

California Vehicle Code

VC Section 2800.1 - Fleeing Peace Officer Prohibited

As of March 1, 2011

2800.1. (a) Any person who, while operating a motor vehicle and with the intent to evade, willfully flees or otherwise attempts to elude a pursuing peace officer's motor vehicle, is guilty of a misdemeanor punishable by imprisonment in a county jail for not more than one year if all of the following conditions exist: (1) The peace officer's motor vehicle is exhibiting at least one lighted red lamp visible from the front and the person either sees or reasonably should have seen the lamp. (2) The peace officer's motor vehicle is sounding a siren as may be reasonably necessary. (3) The peace officer's motor vehicle is distinctively marked. (4) The peace officer's motor vehicle is operated by a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, and that peace officer is wearing a distinctive uniform. (b) Any person who, while operating a motor vehicle and with the intent to evade, willfully flees or otherwise attempts to elude a pursuing peace officer's bicycle, is guilty of a misdemeanor punishable by imprisonment in a county jail for not more than one year if the following conditions exist: (1) The peace officer's bicycle is distinctively marked. (2) The peace officer's bicycle is operated by a peace officer, as defined in paragraph (4) of subdivision (a), and that peace officer is wearing a distinctive uniform. (3) The peace officer gives a verbal command to stop. (4) The peace officer sounds a horn that produces a sound of at least 115 decibels. (5) The peace officer gives a hand signal commanding the person to stop. (6) The person is aware or reasonably should have been aware of the verbal command, horn, and hand signal, but refuses to comply with the command to stop.

Misdemeanor

Court Fine - $2,000.00

Points - 1

There are 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 there is an additional $40 court security fee per violation and a conviction assessment fee ($35) where applicable. The court fine above may thus be another $75.00 or more. 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.

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.