I have a mandatory notice to appear for a hearing type "arraignment-PC" tomorrow.
I have 5 speeding tickets since 2005. I am eligible for traffic school on this latest ticket.
How should I plead at the arraignment, and what does "PC" mean.
I heard that there is a sizable fine for throwing the lit cig plus community service. I meet the federal poverty guidelines. and I am a disabled person.
What to do?
PC means Penal Code. The numerous speeding tickets are enough of a headache. The court could rant you traffic school. The 23111, throwing a lit substance out of the car window is serious as it attaches to 42001.7 of the VC. That reads:
(a) Every person convicted of a violation of Section 23111
or 23112, or subdivision (a) of Section 23113, shall be punished by
a mandatory fine of not less than one hundred dollars ($100) nor more
than one thousand dollars ($1,000) upon a first conviction, by a
mandatory fine of not less than five hundred dollars ($500) nor more
than one thousand dollars ($1,000) upon a second conviction, and by a
mandatory fine of not less than seven hundred fifty dollars ($750)
nor more than one thousand dollars ($1,000) upon a third or
subsequent conviction.
In no case may the court order imprisonment in the county jail for
a violation punishable under this subdivision, unless imprisonment
is ordered pursuant to Section 166 of the Penal Code.
(b) The court shall, in addition to the fines imposed pursuant to
subdivision (a), order the offender to pick up litter or clean up
graffiti at a time and place within the jurisdiction of the court as
follows:
(1) For a first conviction punished pursuant to subdivision (a),
the court shall require the offender to pick up litter or clean up
graffiti for not less than eight hours.
(2) For a second conviction punished pursuant to subdivision (a),
the court shall require the offender to pick up litter or clean up
graffiti for not less than 16 hours.
(3) For a third or subsequent conviction punished pursuant to
subdivision (a), the court shall require the offender to pick up
litter or clean up graffiti for not less than 24 hours.
(c) It is the intent of the Legislature that persons convicted of
highway littering be required to bear the penalty for their actions.
Therefore, the court may not suspend the mandatory fines required by
subdivision (a) except in unusual cases where the interest of justice
would best be served by suspension of the fine. If the court
suspends imposition of any fine required by subdivision (a), it
shall, as a condition of that suspension, require the offender to
pick up litter or clean up graffiti at a time and place within the
jurisdiction of the court for not less than eight hours for every one
hundred dollars ($100) of fine suspended. The court may not suspend
the order to pick up litter or clean up graffiti required by this
subdivision or subdivision (b) except in unusual cases where the
interest of justice would best be served by suspension of that order.
You need to appear at your hearing. The fact you are disabled might not preclude community service. It is up to the judge.
Throwing out a lit cirgarette is a very serious violation as well as a Misdemanor. The courts are very sensitive to this violation due to the possibility that a wild fire could start.
You need to appear in court or have an attorney appear to plea you not guilty to both charges and set the matter for trial in the next 45 days. If the officer does not show at trial, then the entire case will be dismissed, Even on the day of trial you can change your plea and obtain a resolution of your matters.
The fact that your are disabled and meet the poverty guidlines will not excuse your required attendance at court. If you do not appear, then the court will enter an additional charge for Misdemeanor Failure to Appear and issue an Arrest Warrant for your non appearance.
Good luck and wishing you the very best possible resolution of this matter.