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I received a citation for San Jose Municipal Code 11.36.290 which is for parking a commercial vehicle over 10,000 pounds in a residential area.

The fine was for $490, as well as the inclusion of a few equipment violations were were all over $100 each.

From looking through the vehicle code, it seems like this is grossly inflated (all of the citation was retaliatory by an angry officer, so this would not be surprising).

How can I figure out the correct fine amount as well as all the fees they are allowed to attach?

Looking at the Traffic Bail schedule for 2016 in that county:

http://www.scscourt.org/documents/traffic_bail.pdf

it states that the base bail should be $35, and furthermore:

STATE, CITY, COUNTY MISDEMEANORS FILED IN THE TRAFFIC DIVISIONS SHALL MEET THE FOLLOWING CRITERIA: a) Bail not to exceed $250.00

Otherwise it should be filed in the criminal division (it was not, it was handled in traffic court).

I believe that I am being fleeced, to say the least - how can I prove it and find the correct maximum fine/bail amount?

  • Bail <> fine. You're barking up the wrong tree. – mkennedy Feb 20 '17 at 19:31
  • I was forced to pay bail in order to get a trial by written declaration, and that bail was $490, if I understand what happened correctly. – David Ljung Madison Feb 21 '17 at 9:02

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