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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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My son was fined (April 19) several thousand dollars and had

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My son was fined (April 19) several thousand dollars and had his driver's license revoked (while unemployed) for driving a truck that (he didn't know) was uninsured. He was driving it to aid his son's bellicose step father move some items, in Clearlake. He can't pay, because he's unemployed. Losing his license imposes a further obstacle to employment (and payment). I suspect the penalty is excessive and designed to grow further fees, from late payment. I'm filing a complaint via Commission on Judicial Performance. I suspect a pattern of excessive penalties persists. We all know the government avoids hard work of fighting hard crime and prefers to punish humble people with extreme fees for petty deeds like this, which is why citizens distrust government. Can I demand a STOP PAYMENT period while instigating an investigation into patterns of punishment imposed by the Clearlake court?

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Unfortunately, no, you cannot demand any sort of stop payment period, because you are not the name on the ticket. Your son can request additional time to pay by calling the court and trying to negotiate with them. Many courthouses have payment plans that allow people to make payments over a set period of time. However, there is no law that allows him to insist that they not collect payment while he looks into a dispute.

If he were to file an appeal of the judge's decision, he could then file a Motion to Stay pending appeal. Just keep in mind that it's not automatic. Here is more information:

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 3 years ago.

I called the Court and they won't negotiate a payment plan. My wife and I have withdrawn our meager savings to pay this penalty. But I intend to do everything legal, political and newsworthy to shine a light on the bullying tactics of the Clearlake Court. What can I do to initiate an investigation into their punitive practices? I suspect a pattern is evident: that extreme fees are imposed on simple people for petty infractions. Meanwhile, crime runs rampant in Clearlake, as elsewhere, while police hassle the most humble people, and avoid genuine civic service. There must be a way to bring the weight of higher authority down on the Clearlake Court.

These days, the best way to force a community to investigate something like this is public pressure. Inform the media, do an online petition, start a Facebook campaign. People live their whole lives on the internet, and it's a great way to reach hundreds of thousands of people. You may want to start with the city council or the local newspaper, but online petitions can also help.
Customer: replied 3 years ago.

I found that in the State of California I can initiate a Complaint About A California Judge, Court Commissioner or Referee. Thus, the gist of my concerns was answered by my own on-line research. Your notes on social media are general answers that I am aware of, but may have little value in the rural (under-educated) context of Clearlake, where internet access is relatively limited. The issue of non-payment during my complaint period was also answered by my call to the Clearlake Courthouse. For these reasons, I think it's fair to say your legal advise was rudimentary and generic rather than connected specifically to the legal framework within which I can work here. I'm sorry to say that I don't believe I received $40 worth of legal counsel.

I'm sorry you feel that way.

I did not mention that you can file a complaint against a judge or provide you with the forms because you already said that you were doing that. It would have been redundant and suggested that I had not read your question. I answered your question, which was about stopping payment while the complaint was pending. You then asked about bringing public attention to this issue. A judicial complaint isn't going to get the type of public outrage you're looking for. The media will.

I answered the exact questions that you asked, which is what we do here. We work on the honor system, and I receive no compensation for my time when customers do not pay me for the work that I performed. I have no ability to control what research you do on your own or what questions you have that are not stated. I can only answer the questions that you ask.
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