CVC 42004 - They can charge me for getting previous tickets WTF?

[Neh03]

I got a speeding ticket driving on I-99 going 80. So I got my courtesy notice and they have me as VC 22350 for 170 dollars then they put CVC 42004 Priors Assessment for a fine of 68 dollars. I called and they said if they run my DMV file and if it shows that I have received any tickets within 3yrs they can charge me 34 dollars per ticket? wtf. How is that possible?

[m83eric]

Determination of Penalty

42004. For the purpose of determining the penalty to be imposed pursuant to this code, the court may consider a written report from the Department of Motor Vehicles containing information from its records showing prior convictions; and the communication is prima facie evidence of such convictions, if the defendant admits them, regardless of whether or not the complaint commencing the proceedings has alleged prior convictions.

For the purpose of this chapter a prior bail forfeiture shall be deemed to be a conviction of the offense charged.

[motorman4life]

Originally posted by Neh03
..wtf. How is that possible?
It is an assesment for prior convictions. Yes, they can do it. Yes, it sucks.

[ladyRR]

Thats section is notorious for being on tinted window tickets, as well as loud music tickets.

Watch out for that on you citation

[deaconblues]

Basically, that's the Scofflaw Clause. They figure, if you've got previous tickets, then it's time to start upping the ante because you haven't changed the behavior.

Good idea in theory, but in practice it feels like legalized extortion.

[tuxumino]

aw the old your getting fined for getting fined fine.

[bobafett]

You can and should always contest these arguments. Depending on the nature of each individual situation, different arguments apply (duh), but this is nothing more than legalized double jeopardy.

--Dan

[JimE]

Yes it's extortion. Yes the state needs money. Yes we're screwed over by whatever they say we have to pay. Take property taxes for example: I have to pay for the priveledge of working myself to a position so that I can be in huge debt to own a home. Self employment tax is another good one: I have to pay an additional 15% so I can contribute to my local economy. It goes on and on...

And it's all legal of course. It sucks and there it is.

[Nelson]

Wow, I googled CVC 42004 and it led me back to..........BARF.

Yup, Mendocino County Clerk could't explain it that well, just got nailed. It's like paying twice for the same ticket.

[rritterson]

on the surface it seems like double jeopardy.

but, if you get multiple DUIs the penelty goes up on the 2nd and third based on the fact you have a prior conviction. Same thing goes true with many other crimes.

What is unreasonable is that you can be charged for ANY prior ticket, regardless of its similarity to the one you just got.

Can a cop pull me over, warn me for something I did, then write me a ticket just for having prior tickets? That seems like a great way to make money, and the more you do it, the more money you'd get. :laughing

[motorman4life]

Originally posted by ladyRR
Thats section is notorious for being on tinted window tickets, as well as loud music tickets.
I think you are confusing it with 24004 CVC.

[motorman4life]

Originally posted by rritterson
on the surface it seems like double jeopardy.

but, if you get multiple DUIs the penelty goes up on the 2nd and third based on the fact you have a prior conviction. Same thing goes true with many other crimes.

What is unreasonable is that you can be charged for ANY prior ticket, regardless of its similarity to the one you just got.

Can a cop pull me over, warn me for something I did, then write me a ticket just for having prior tickets? That seems like a great way to make money, and the more you do it, the more money you'd get. :laughing
No, it is not double jeopardy. It is like the 3 strikes law. You commit the first violation, get convicted. Now, you should know the 2nd conviction will carry a stiffer penalty because you are a repeat offender. So, you do the second one and get convicted. You get a harsher penalty that for the first violation and you know if you get convicted again, it will be even worse. You are not being tried again for the same violation, you are getting more severe penalties as a form of progressive punishment.

You aren't being cited for 42004 CVC on the street, it is an assessment being added by the court. Right or wrong, it is standard practice by the courts and allowed by the law.

Just something to keep in mind before you go open it up on Hwy 9 and draw the wrath of the local gendarme or state troopers.

[fasteddie_rr]

Seems reasonable...... keep doin the same thing after being warned and the penalty increases.

My parents used that theory and it worked so well I use it on my kids!