回複:求助,在加州短期旅遊,租的車超速被開罰單

來源: 單身老貓 2006-12-12 08:32:28 [] [舊帖] [給我悄悄話] 本文已被閱讀: 次 (6262 bytes)
基本上在加州如果您拒絕繳納罰金,同時如果您沒有如期出庭應訊,您可能會麵對下列幾種情況

(a)A bench warrant 會 issue 在您的名下,這個資料會同時送到加州境內的任合租車公司,所以您基本上在美國任何地方都不可能租到車。

(b)根據加州 Penal Code 1214.1 的規定,一個最高 300 元的付加罰金會加在您的名下,當然或許對您或許不算什麼,但是記住一點,這筆罰金是累進計息,所以幾年之內等您有一天想通之後,您自己看得辦 !

(c)如果您下次來加州,很不幸您又被州警攔下來,根據加州Penal Code ,州警可以拘捕您送您入監 24 小時,同時交通庭的法官可以以"藐視法庭罪"居留您最高到十五天,(這項判決可以延長如果到居留期滿時您沒有正當的理由同時仍然拒絕付罰金),事實上交通庭的法官的權利相當的打大,所以如果您喜歡試試加州的牢飯,這到是一個好機會。(還真的是西餐....)

(d)如果您領有加州的駕駛執照,A hold on your driving privilege and/or registration will be issued.

(e)根據加州§40508(a)/(b)/(c) CVC,拒絕繳納交通罰金這是一個輕罪,老實說在移民局考慮您移民申請時這是列入所謂"非道德輕罪"的一種,(詳見"移民歸化手冊",您可在美國移民局網站下載中文版的資料),所以您如果有一天考慮移民時,這可能是一個大麻煩

所以您所問的
"有朋友說,不處理也不會有什麽後果(中國護照),下次進出美國也不會有影響。這種說法可靠嗎?

老實說,是一種不太正確的說法

付錄加州§40508(a)/(b)/(c) CVC的詳細條文供您參考
40508. (a) A person willfully violating his or her written promise
to appear or a lawfully granted continuance of his or her promise to
appear in court or before a person authorized to receive a deposit of
bail is guilty of a misdemeanor regardless of the disposition of the
charge upon which he or she was originally arrested.
(b) A person willfully failing to pay a lawfully imposed fine for
a violation of a provision of this code or a local ordinance adopted
pursuant to this code within the time authorized by the court and
without lawful excuse having been presented to the court on or before
the date the fine is due is guilty of a misdemeanor regardless of
the full payment of the fine after that time.
(c) A person willfully failing to comply with a condition of a
court order for a violation of this code, other than for failure to
appear or failure to pay a fine, is guilty of a misdemeanor,
regardless of his or her subsequent compliance with the order.
(d) If a person convicted of an infraction fails to pay a fine or
an installment thereof within the time authorized by the court, the
court may, except as otherwise provided in this subdivision, impound
the person's driver's license and order the person not to drive for a
period not to exceed 30 days. Before returning the license to the
person, the court shall endorse on the reverse side of the license
that the person was ordered not to drive, the period for which that
order was made, and the name of the court making the order. If a
defendant with a class C or M driver's license satisfies the court
that impounding his or her driver's license and ordering the
defendant not to drive will affect his or her livelihood, the court
shall order that the person limit his or her driving for a period not
to exceed 30 days to driving that is essential in the court's
determination to the person's employment, including the person's
driving to and from his or her place of employment if other means of
transportation are not reasonably available. The court shall provide
for the endorsement of the limitation on the person's license. The
impounding of the license and ordering the person not to drive or the
order limiting the person's driving does not constitute a suspension
of the license, but a violation of the order constitutes contempt of
court.



40508.5. (a) In addition to the fees authorized or required by any
other provision of law, a county may, by resolution of the board of
supervisors, require the courts of that county to impose an
assessment of fifteen dollars ($15) upon every person who violates
his or her written promise to appear or a lawfully granted
continuance of his or her promise to appear in court or before a
person authorized to receive a deposit of bail, or who otherwise
fails to comply with any valid court order for a violation of any
provision of this code or local ordinance adopted pursuant to this
code. This assessment shall apply whether or not a violation of
Section 40508 is concurrently charged or a warrant of arrest is
issued pursuant to Section 40515.
(b) The courts subject to subdivision (a) shall increase the bail
schedule amounts to reflect the amount of the assessment imposed by
this section.
(c) If bail is returned, the amount of the assessment shall also
be returned, but only if the person did not violate his or her
promise to appear or citation following a lawfully granted
continuance.
(d) The clerk of the court shall deposit the amounts collected
under this section in the county treasury. All money so deposited
shall be used first for the development and operation of an automated
county warrant system. If sufficient funds are available after
appropriate expenditures to develop, modernize, and maintain the
automated warrant system, a county may use the balance to fund a
warrant service task force for the purpose of serving all bench
warrants within the county.


40508.6. The superior court in any county may establish
administrative assessments, not to exceed ten dollars ($10), for
clerical and administrative costs incurred for the following
activities:
(a) An assessment for the cost of recording and maintaining a
record of the defendant's prior convictions for violations of this
code. The assessment shall be payable at the time of payment of a
fine or when bail is forfeited for any subsequent violations of this
code other than parking, pedestrian, or bicycle violations.
(b) An assessment for all defendants whose driver's license or
automobile registration is attached or restricted pursuant to Section
40509 or 40509.5, to cover the cost of notifying the Department of
Motor Vehicles of the attachment or restriction.

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PARKING TICKET -buzhidaocaiwen- 給 buzhidaocaiwen 發送悄悄話 (975 bytes) () 12/12/2006 postreply 20:43:54

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