california weight violation 35551

Discussion in 'Trucker Legal Advice' started by 1lonewolf, Apr 21, 2010.

  1. rightlane4trucking

    rightlane4trucking Light Load Member

    Jun 5, 2010
    Mount Shasta, California
    Let's see if I can help some.


    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.
  2. Big Don

    Big Don "Old Fart"

    Sep 8, 2007
    Utah's DIXIE!
    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!
    RAILSPLITTER Thanks this.
  3. MexicoTrucker

    MexicoTrucker Medium Load Member

    Oct 22, 2008
    Saltillo, Coahuila - Mexico
    Realize this is an old thread but I find myself in a similar predicament.

    Recieved a letter today from Riverside County advising me I had been found guilty in absentia on an overweight violationissued at the Blythe scales on 09/14/07. The date of conviction is 03/24/14. Fine imposed was $172.80 with an additional civil assessment for Failure to Appear of $300.00 and they want their money by 05/06/2014

    Here's the kicker though. The weigh master wrote the citation using my First Name, Middle Initial, First Name.

    Tried dealing with it in 2007 but after playing phone tag for several calls, I gave up and eventually forgot about it.

    They letter says failure to pay by due date will result in it being forwarded to collections, what a appears to be a private agency contracting to various courts around the country. There have been no warrants issued for FTA and nothing has been reflected on my Texas MVR. Also, the letter states that a warrant could be issued if you missed a mandatory appearance before a judge, which is not the case here.

    Has anybody here had a similar experience with California? Any suggestions? On the courts website, it says you cannot speak with a real person on the phone without an appointment due to budget cuts. I wasted an hour playing musical phone tag before giving up.

    I no longer run California and have no plans to ever again in the future. Ideas? Suggestions? Similar circumstances anyone?

  4. ttwjr32

    ttwjr32 Light Load Member

    Jul 27, 2013
    I would pay the ticket. You were responsible for the ticket based on actions you did.(being overweight). Playing phone tag is not dealing with it. Dealing with it is resolving the issue.
  5. otherhalftw

    otherhalftw Insignificant Otter

    Nov 18, 2008 discovery foothills
    And in so doing you prove yourself a fool! Ever hear of a thing called Statute of Limitations? The infraction (which is all it is, not a misdemeanor, not a "crime" which can be adjudicated in a criminal court) doesn't even qualify as a "moving violation" which is why there are no "points" assigned to the citation through the DMV. Also, many states disregard an over axle weight violation from CA due to the 40' king pin rule which is only relevant in CA. NEVER "JUST PAY" ANY TICKET!!!
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