Traffic fines in California
Traffic fines in California
Traffic fines in California
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SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA
- · Infraction violations of Municipal Ordinances filed in the Traffic Divisions; and
- · Infraction violations of the Vehicle Code filed in the Traffic Divisions,
- · Infraction violations of non-Vehicle Codes filed in the Traffic Divisions.
- 1. The following legend is applicable throughout the bail schedule in this document and in the UCS Traffic Information System.
- a. Crime Category column:
- 'I' designates Infraction
- 'N' designates No, Not eligible for proof of correction dismissal
- 'E' designates Yes, Eligible for dismissal with proof of correction
- 'M' designates Mandatory, proof of correction is mandatory
- 'Y' designates yes, reporting ability to the Department of Motor Vehicles 'N' designates No, reporting ability to the Department of Motor Vehicles
- 'Y' designates Yes, Mandatory Court Appearance is required 'N' designates No, Mandatory Court Appearance is not required
- 'Y' designates Yes, Mandatory Court Appearance is required 'N' designates No, Mandatory Court Appearance is not required
- 2. Where the bail schedule provides for bail and mandatory court appearance, it is the intent that the defendant be allowed to deposit bail when booked. Upon the defendant's release a mandatory court appearance date is assigned to the case; however, when the defendant appears at the Clerk's Office in the Traffic Divisions, it is the intent that the defendant be given a mandatory court appearance without the deposit of bail.
- 3. Citations regarding vehicle registration, driver's license and equipment offenses that are not indicated as Correctable or NonCorrectable, will be deemed Correctable for all processing purposes.
- 4. Bail for infraction violations of the Vehicle Code is established by the Judicial Council pursuant to PC 1269(b). The Uniform Bail and Penalty Schedule is updated and published annually.
- 5. Bail on all City, State, County and Municipal Ordinances deemed to be infractions, shall be in compliance with the Uniform Bail and Penalty schedule and filed in the Traffic Division . City, County and Municipal Ordinances classified as infractions, and on which a Court appearance is not required by this schedule, can be settled by forfeiture of bail and all applicable penalty assessments. The bail amounts are set by the City, State, County or Municipality, and cannot exceed $100 for the first offense.
- 6. Bail on all infraction Santa Clara County Zoning Ordinances shall be filed in the Traffic Division in the amount of $100.00 with a mandatory court appearance.
- 7. All City of Santa Clara and Town of Los Gatos Ordinance violations relating to zoning offenses shall be filed in the Traffic Division with bail in the amount of $100.00 with a mandatory court appearance.
- 8. All misdemeanor ordinance violations related to zoning offenses shall be filed in the Criminal Division.
- 9. All infraction ordinance violations relating to animal offenses shall be filed in the Traffic Division unless otherwise specifically indicated.
- 10. All Vehicle Code infraction citations issued to minors shall be filed in the Traffic Divisions of the Superior Court. All Vehicle Code misdemeanors will continue to be under the jurisdiction of the Santa Clara County Probation Department.
- 11. The 'Base Bail' indicated is the amount from which the 'additional penalties' required by Penal Code section 1464 Government Code sections 70372, 76000, 76104.6, and 76104.7 the surcharge required by Penal Code section 1465.7 and the penalty authorized by Government Code section 76000.5 are calculated.
- 12. A penalty assessment shall be levied on all traffic offenses including all offenses involving a violation of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code, or where an order is made to pay a sum to the general fund of the county pursuant to paragraph (iii) of subdivision (3) of section 268 of the Welfare and Institutions Code.
- · Pursuant to PC 1464 a State penalty of $10.00 per each $10.00 of fine or forfeiture, or a fraction thereof.
- · Pursuant to PC 1465.8(a)(1) a $40 Operations Assessment fee is assessed for each convicted violation. Pursuant to GC 70372(a) a Court Construction penalty of $5.00 per each $10.00 of fine or forfeiture.
- · Pursuant to PC 1465.7 a 20% criminal surcharge is assessed for each fine or forfeiture.
- · Pursuant to GC 70373(a) a $35 per infraction charge will be imposed on every conviction for a criminal or traffic offense.
- · Pursuant to GC 76000(e) a County penalty of $7.00 per each $10.00 of fine or forfeiture, or a fraction thereof.
- · Pursuant to GC 76000.5 an Emergency Medical Service penalty assessment of $2.00 for each $10.00 of a fine or forfeiture, or a fraction thereof.
- · Pursuant to GC 76104.6 and 76104.7 a county and state DNA Identification Fund penalty of $5 amended effective June 27, 2012.
- · Pursuant to GC 76000.10(c)(1), a penalty of $4 for emergency medical air transportation (EMAT) is imposed for every conviction of the vehicle code, or a local ordinance adopted under the vehicle code.
- · Pursuant to VC 40611 a $25 dismissal fee for each corrected violation dismissed by the court.
- · Pursuant to GC 70372(b) and GC 76000.3, a $3.00 ICNA parking penalty, a $1.50 SCCF parking penalty and a $3.00 additional parking penalty will be assessed on parking violations: VC 22500(i), VC 22500(l) and VC 22507.8(a-c).
- · Pursuant to VC 42007.1(a) a $49 fee for monitoring traffic violator schools and a TAP fee under Vehicle Code section 11205.2(c) are to be added to the 'total bail' of the offense eligible for traffic violator school.
- (a) Where a fine is imposed .............................$30.00 for each $10.00 of a fine, or a fraction thereof
- (b)
- Where bail is forfeited.................................$30.00 for each $10.00 of a fine, or a fraction thereof
- (c) all applicable offenses.
- Where multiple offenses .............................The penalty assessment shall be based on the total fine or bail for
- 13. The base fine for one Vehicle Code moving violation that is assessed 'points' on a current arrest or citation shall be enhanced by $10 for each 'prior' conviction within 36 months of the new alleged offense. For calculating the enhancement, both the current and 'prior' offense must be a moving violation for which a 'point' has been assigned per Vehicle Code sections 12810, 12810.2, 12810.3, and 12810.4 A confidential conviction after completion of traffic violator school is not assigned a point or counted as a prior offense for purposes of enhancing the fine or subsequent offense. Regardless of the number of moving violation convictions on a SINGLE citation only one 'prior' per citation shall be counted in determining the enhancement on the current offense.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA
TRAFFIC BAIL SCHEDULE 2024
Pursuant to the provisions of Section 1269b (d) of the California Penal Code, this Traffic Bail Schedule was amended and adopted
by a majority of the Judges at a meeting held on April 30, 2024
Bail Schedule becomes effective January 1, 2024
____________________________________
PRESIDING JUDGE OF SUPERIOR COURT
I
INDEX
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA 2024 TRAFFIC BAIL SCHEDULE
MUNICIPAL CODES & ORDINANCES
PREFACE
The Superior Court of California, County of Santa Clara Traffic Bail Schedule is the only authorized schedule for bail on all:
Judicial Council's Uniform Bail and Penalty Schedule
Vehicle Code Infractions
The Uniform Bail and Penalty Schedule for infraction violations of the Vehicle Code is established by the Judicial Council pursuant to Section VC 40310. The only infraction violations that appear in this schedule are those that Superior Court has determined are different in processing criteria from the Uniform Bail Schedule criteria, or for the purposes of clarification.
All Other Sections
The Uniform Bail and Penalty Schedule is not to be used for determining bail on any other offenses (other than Vehicle Code violations filed in the Traffic Division). However, pursuant to section 1269(b) of the Penal Code, a copy of the court-adopted schedule shall be mailed to the Judicial Council with a report stating how the revised schedule differs from the Council's Uniform Bail and Penalty Schedule. Vehicle Code section 42001 allows local public entities that employ peace officers, universities, and state colleges to set a fine schedule for bicycle violations occurring in their jurisdictions that would supersede the Judicial Council penalty schedule,
Superior Court of California, County of Santa Clara Traffic Bail Schedule
Local Ordinances
Bail is established by the Superior Court for all local ordinance infractions unless a specific bail is requested by a City.
The Superior Court will accept requests for addition, deletion or modification of local ordinance offenses. Requests must be submitted to Superior Court Administration no later than February 28 th , May 31 st , August 31 st and October 31 st each year. The requests must be submitted on court approved forms. All other requests will be returned. Forms are available from the Superior Court Administration Office at (408) 882-2700 or at www.scscourt.org . All completed requests should be addressed to:
Superior Court of California, County of Santa Clara Bail Schedule Coordinator-Traffic Division 191 North First Street San Jose, CA 95113
PARKING VIOLATIONS-EFFECTIVE 7-01-93
Any violation of an unlawful standing or parking provision of law shall be subject to a civil penalty schedule established by the governing body of the jurisdiction in which the Notice of Parking Violation was issued (CVC 42200 et.seq.).
BAIL SCHEDULE LEGEND
b. P.A. column:
'Y' designates Yes, Penalty Assessment pursuant to 1464 P.C. will be applied 'N' designates No, No penalty assessment is applied 'M' designates Mandatory Court Appearance
c. POC column:
d. TS (Traffic School) column:
'Y' designates Yes, Eligible for Traffic School 'N' designates No, Not eligible for Traffic School
e. DMV column:
f. 'MA' column (Adult):
g. 'JUV MA' column (Juvenile):
BAIL AND COURT REQUIRED
CORRECTABLE VIOLATIONS
VEHICLE CODE
For Vehicle Code violations not specifically listed in the Uniform Bail Schedule, base bail shall be set as indicated below:
$35.00 for infraction offenses $25.00 for bicycle, pedestrian, motorized/pocket scooter, registration and equipment offenses
STATE, CITY, COUNTY INFRACTIONS
First offense:
$100 + Penalty Assessment
Second offense:
$200 + Penalty Assessment
Third offense:
$500 + Penalty Assessment
NOTE: It is the responsibility of the citing agency to indicate the body of the accusatory pleading if the charge is a second or third offense.
SANTA CLARA COUNTY ZONING ORDINANCES
CITY OF SANTA CLARA AND TOWN OF LOS GATOS ZONING ORDINANCES
ZONING ORDINANCES - GENERALLY
ANIMAL OFFENSES - GENERALLY
JUVENILE OFFENSES - GENERALLY
NOTE:
Pursuant to Welfare & Institutions Code 603.5, it's not mandatory for the parent(s) to appear with the juvenile at any stage of their case. The initial Courtesy Notice will be addressed to the minor. Subsequent notices regarding delinquent cases may be sent to the parents or guardians. The Court cannot issue a warrant against a juvenile.
BASE BAIL
ADDITIONAL PENALTIES AND SURCHARGE
·
Penalty Assessments shall be levied as follows:
Night Court Assessment (VC 42006) shall be levied as follows:
An amount of one dollar ($1.00) shall be levied for every fine and forfeiture imposed and collected by any court which conducts a night session of the court This assessment applies to all violations of the Vehicle Code and City and County Ordinances relating to vehicles or their operators or owners.
GRADUATED BAIL-PRIOR CONVICTIONS
SPEED CHART (FOR ALL SPEED LIMITS) INCLUDING CALIFORNIA CODE OF REGULATIONS TITLE 14
SPEED CHART (VEHICLE CODE SECTION 42009) VIOLATIONS COMMITTED IN HIGHWAY CONSTRUCTION AREAS
