What determines which fine I have to pay for a traffic citation?

Business 5 views 2 answers
Both my husband and I both received a citation for "failure to yield" (resulting in an accident). These were two separate incidents at two weeks apart...but both within the city limits. Both responding officers for each incident were from the same local city police department. His citation was for the city ordinance and the fee is $200. Mine is for the state statute and cost $300. Why? What determines which violation is given? Why did I get cited the $300 fine?

Attorney Answers

2
Trevor Casperson ·
That to me sounds like simply the luck of the draw. States and municipalities can have different fines for the same violation. If you were on a road that was both a state road and a city road, you could be in violation of one or the other. I'm assuming here, but it sounds like one of you was pulled over by a State cop, while the other was pulled over by a city cop.
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Andre Robert BelangerCriminal Defense AttorneyBaton Rouge, LA ·
Fines are some what arbitrary. The permissible range is governed by statute but the actual amount imposed within that range is discretionary to the court. Each judge has a customary schedule and it is likely that driving history is also considered. Officer also have discretion to charge state or municipal. I normally see city limit offenses going city and parish offenses going "state". For example, a ticket in New Orleans goes to New Orleans municipal Court but one in Metairie goes to 1st Parish Court.
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