How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser
socrateaser, Attorney
Category: Traffic Law
Satisfied Customers: 34145
Experience:  retired (mostly)
10097515
Type Your Traffic Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

I my county when you are issued a driving citation, you must

Resolved Question:

I my county when you are issued a driving citation, you must first pay the fine (bail) before you are allowed to see the judge. If you are found innocent, the court is allowed 180 days to refund your fine. You can only declare you innocence by writing. If you declare your innocence by writing you get an automated reponse lowering you bail amountand advising you of a payoff date. You are required to pay this amount to see a judge or your bail is considered deliquent and is forwarded to an outside collection agency (which is located 3 hours away by car). You are no longer priveledged to seek fair judgement from a court appointed official once you bail reaches a deliquent status. The whole process is very difficult. The whole system is automated, and seems to be designed to increase the chance of missing a date so that your case cannot be heard by a judge. As a citizen, I am very frusterated and would like to know if there are any legal resources for me? I refuse to pay a fine for a driving infraction I did not commit. I feel as though I should have the right to plead my case to a court appointed official and be found guilty before I am ordered to pay the fine. This cannot be legal; Is it?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  attyadvisor replied 1 year ago.
We are going to place in the traffic law section to find an attorney in your area.
Expert:  socrateaser replied 1 year ago.
Hello,

The Eighth Amendment of the U.S. Constitution and Art. 1, Sec 12(c) of the California Constitution, each provides that excessive bail shall not be required. Although drivers rarely do so, they have a constitutional right to appear in court and ask for a bail hearing. Assuming that you can convince the court that the bail is excessive, the court would be required to reduce or eliminate that bail.

I admit that I have never known of anyone to actually request reduced bail from the court for an ordinary traffic citation, but it's legal to do so, should you desire to try.

So, the answer here is, "yes," it's legal to require bail in the amount of the citation -- but, it's also legal to request a hearing and ask for a bail reduction or elimination.

Hope this helps.

NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation.

If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

socrateaser, Attorney
Category: Traffic Law
Satisfied Customers: 34145
Experience: retired (mostly)
socrateaser and 9 other Traffic Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Attorney

    Satisfied Customers:

    314
    Private practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Attorney

    Satisfied Customers:

    314
    Private practice
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    304
    Run my own practice.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    251
    Licensed Attorney with 27 yrs. exp. with Traffic Law issues
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    188
    I have more than 25 years experience in the practice of law, including representation of clients in Traffic Court.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    181
    JD, 16 year experience including traffic law.
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Counselor at Law

    Satisfied Customers:

    157
    Licensed Attorney
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    155
    20 years practicing traffic law.