Legal Question in Traffic Law in California

I was recently given a ticket for spitting a sunflower seed out while driving down the highway in California. What should I do? The fine is listed at $490. I have never received a traffic fine for littering prior this ticket.


Asked on 12/10/15, 11:33 am

1 Answer from Attorneys

Joe Dane Law Office of Joe Dane

Well, you have options.

First is a trial by written declaration. There are books and websites on how to proceed, but essentially, you request a trial by declaration and it's decided by a judge or commissioner. Some advise laying out your side of things (but if you admit spitting seeds, you're admitting the crime), others just say stick with a "I deny the allegations and plead not guilty" approach. If the officer fails to respond, you win and the case is dismissed. You have to post the fine/bail amount up front though. The mandatory minimum fine is $100, but with penalty assessments and court fees, it's the $490.

If you lose the trial by declaration, you're still entitled to a trial de novo - a trial in court. If the officer doesn't show up for trial, you win. If they do show up, you can fight. They have to prove beyond a reasonable doubt that you in fact deposited something on the highway. Did they go back and look? Did they just see something come from the side of your car? Couldn't it have been something that blew up from the road? Something that was in the air that just whipped by in the air current as your car passed? etc...

If you lose, your fine probably wouldn't be any worse than if you just paid it, so in essence, the only thing you have to lose is your time. You may want to consult with a traffic ticket attorney to discuss their rates and options.

And... hate to be the bearer of bad news, but I believe in addition to the fine, it comes with mandatory community service by way of picking up litter.

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Answered on 12/10/15, 3:48 pm


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