Results 11 to 12 of 12
- 06.18.2010 #11
- Member Since
- Jun 2010
- Mount Shasta, California
- Trucking Industry
- Thanked: 76 Times
40000.23. A violation of any of the following provisions is a misdemeanor, and not an infraction:
(a) Paragraph (1) of subdivision (c) of Section 35784, relating to special permit violations.
(b) Subdivision (a) of Section 35784.5 relating to extralegal loads and operation of vehicles without a special permit.
(c) Other provisions of Chapter 5 (commencing with Section 35550) of Division 15, which relate to weight restrictions, except in cases of weight violations where the amount of excess weight is less than 4,501 pounds.
If you received a misdemeanor violation it means that you were cited for at least 4501 pounds over.
Weight Violation: Penalty
42030. (a) Every person convicted of a violation of any weight limitation provision of Division 15 (commencing with Section 35000), and every person convicted of a violation of Section 21461 with respect to signs provided pursuant to Section 35654 or 35752, and every person convicted of a violation of Section 40001 for requiring the operation of a vehicle upon a highway in violation of any provision referred to in this section shall be punished by a fine which equals the amounts specified in the following table:
[Table shows the fine amounts for convictions of violations of any weight limit provision of Division 15.]* Pounds of excess weight Fine 0- 1,000 $ 20 1,001- 1,500 30 1,501- 2,000 40 2,001- 2,500 55 2,501- 3,000 85 3,001- 3,500 105 3,501- 4,000 125 4,001- 4,500 145 4,501- 5,000 175 5,001- 6,000 .04 each lb. 6,001- 7,000 .06 each lb. 7,001- 8,000 .08 each lb. 8,001-10,000 .15 each lb. 10,001 and over .20 each lb.
Now before you get to comfortable, you must know this.
otherhalftw said that the fine will vary from county to county. True, but what actually varies is the "penalty assessment" that is added to the basic fine amount indicated in the California Vehicle Code (the chart included above. Last I heard penalty assessments were averaging about 170% of the basic fine. In simple terms, calculate the basic fine base upon the number of pounds that you were over, then nearly triple it. That will give you an estimate of what your total fine will be.
- 06.18.2010 #12
- Member Since
- Sep 2007
- Utah's DIXIE!
- EX-11 Years
- Thanked: 17,625 Times
On your copy of the citation there is a court of jurisdiction. There may or may not be a phone number for that court. If there is call it and talk to the clerk of the court. If there is no phone number listed, LOOK IT UP and call them.
The court clerk can give you all the info you need. If they have not received a copy of the citation yet, they should be able to tell you how to proceed with this.
VERY IMPORTANT. There is a date on the citation by which the fine must be paid, or you are required to appear if you are going to plead "not guilty" or "extenuating circumstances." DO NOT LET THIS DATE GO BY WITHOUT TAKING CARE OF THIS.
In the unlikely event that the court clerk is less than helpful, then send them a registered, return receipt requested, letter detailing your predicament. Keep a copy of the letter, and the proof of delivery just as a CYA.
This is not likely to just magically "disappear" because they "lost it." It probably will turn up sooner or later. This is the type of thing that can come back and haunt you, and makes the "legal system" so darned frustrating. GOOD LUCK!
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