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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11650
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Hi!, I have a Notice to Appear ticket form the Beverly Hills

Customer Question

Hi!,
I have a Notice to Appear ticket form the Beverly Hills Police Dep. How much do I need to pay the date of the court, how many pints are going to be on my record and do I need an attorney to avoid more fines or community service?.
I left my child in the car while picking up my other son. The traffic lady saw my 3 yr old in the car and it she was sweaty. Then she called the police. When the police arrive I was already in the car with everyone ready to go. The told me not to go anywhere and finally, they gave me this traffic ticket.
Submitted: 10 months ago.
Category: Legal
Expert:  Andrea, Esq. replied 10 months ago.

Hi, my name is XXXXX XXXXX I will be glad to assist you

 

 

Can you tell me under what section of the Code the ticket is written ? (It should say it right on the ticket)

 

 

Thank you,

 

 

ANDREA

 

Customer: replied 10 months ago.


traffic

Expert:  Andrea, Esq. replied 10 months ago.

I meant what particular section of the Traffic Code ?

Customer: replied 10 months ago.

on the right above corner of the ticket there are 3 boxes:


misdemeanor


traffic *


non-traffic


* is the one marked


I'm not sure where is the traffic code located?.

Expert:  Andrea, Esq. replied 10 months ago.

Hi, Loly,

 

When the police issue any kind of ticket, they have to include the section of the California Vehicle Code that was violated because otherwise the defendant would not be able to prepare a defense if he/she did not know what section was violated and the ticket would have to be dismissed. So, it has to specify somewhere on the ticket what specific section of the California Vehicle Code was violated. They might abbreviate it as Ca. Veh.Code Sect.____

 

 

 

Customer: replied 10 months ago.


I see two numbers:


15620 (A) UC -Unattended child in vehi


16028 (A) UC- No Ins

Expert:  Andrea, Esq. replied 10 months ago.

Thank you, Please give me a moment to look them up.

 

ON the 16028, Did you have automobile insurance ?

Customer: replied 10 months ago.


not in my wallet when they asked. I had insurance coverage, I just didn't have the card on me.

Expert:  Andrea, Esq. replied 10 months ago.

Thank you for your replies, Loly,

 

I think you are in pretty good shape.

 

1. It is a violation under California Vehicle Code Section 15620 to leave a child under the age of 6 in an automobile unattended. The fine for this is $100 and I am reprinting below that section of the Code to reassure you.

 

2. It is a violation under California Vehicle Code 16028 to fail to produce proof of insurance when asked for such proof by a police officer. There is no fine if the motorist (you) can show proof to the Court that you did, in fact have insurance at the time the police officer asked you for proof. So, all you have to do is bring your insurance card to prove to the Court that you had insurance at that time and the ticket will be dismissed

 

Neither section carries any points, so your driver's license will remain intact.

 

 

I am reprinting the pertinent part of California Vehicle Code Section 15620

 

15620. (a) A parent, legal guardian, or other person responsible for a child who is 6 years of age or younger may not leave that child inside a motor vehicle without being subject to the supervision of a person who is 12 years of age or older, under either of the following circumstances:


(1) Where there are conditions that present a significant risk to the child's health or safety.
(2) When the vehicle's engine is running or the vehicle's keys are in the ignition, or both.


(b) A violation of subdivision (a) is an infraction punishable by a fine of one hundred dollars ($100),

 

 



Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

 

Thank you for allowing me the opportunity to assist you,

 


ANDREA

 

 

Customer: replied 10 months ago.


Thank you for your answer. Do I need to do community service? and the fact that the child was sweaty does that give me more punishment?. Thank you so much for your help. Of course I will rate you very well.:)

Expert:  Andrea, Esq. replied 10 months ago.

The section does not differentiate if the child looked sweaty, or looked cool, or anything like that. It just says that if a child under 6 is left unattended, it is a violation of that section and Section 15620(b) has only one fine, and that is $100.

 

There is no community service, but you cannot afford the $100 fine, the Judge can Order you to attend a community education program on the dangers of leaving children unattended in motor vehicles. But, even if you pay the $100 fine, the Judge can still Order you to attend this educational program. So, just try to convince the Judge that you are aware of the dangers, but you left her there only for 2 minutes to run in and pick up your son.

 

Here is the full text of subsection (b)

 

Section 15620(b)

(b) A violation of subdivision (a) is an infraction punishable by a fine of one hundred dollars ($100), except that the court may reduce or waive the fine if the defendant establishes to the satisfaction of the court that he or she is economically
disadvantaged and the court, instead, refers the defendant to a community education program that includes education on the dangers of leaving young children unattended in motor vehicles, and provides certification of completion of that program. Upon completion of that program, the defendant shall provide that certification to the court. The court may, at its discretion, require any defendant described in this section to attend an education program on the dangers of leaving young children unattended in motor vehicles.

 

 



Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

 

Thank you for allowing me the opportunity to assist you,

 


ANDREA

 

 

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11650
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 8 other Legal Specialists are ready to help you
Customer: replied 10 months ago.


Great. Thanks a lot for your help!

Expert:  Andrea, Esq. replied 10 months ago.

You are very welcome, It was my pleasure to help. I hope that I alleviated your anxiety a little about going to Court. Everything will be fine, I promise you that,

 

Please do not forget to leave a positive rating because that is the only way I receive credit for assisting you,

 

 

Kindest Regards,

 

 

ANDREA

 

 

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