Girlfriend got a VC.21809A Violation??

[Antihero47]

So Girlfriend was on the way to Vegas with her sister for her birthday around 9:30pm on a Thursday and was driving through Mojave, CA when she noticed a emergency vehicle with lights on behind another vehicle on the shoulder. She was traveling in the right lane closest to the shoulder. When she seen the emergency vehicle she slowed to about 40-45 and passed without getting into another lane. (she knew i had been talking about this)

Anyways, she gets pulled over and written a ticket for a VC.21809A violation and goes on her way. When I look up the code it shows...

21809. (a) A person driving a vehicle on a freeway approaching a stationary authorized emergency vehicle that is displaying emergency lights, a stationary tow truck that is displaying flashing amber warning lights, or a stationary marked Department of Transportation vehicle that is displaying flashing amber warning lights, shall approach with due caution and, before passing in a lane immediately adjacent to the authorized emergency vehicle, tow truck, or Department of Transportation vehicle, absent other direction by a peace officer, proceed to do one of the following:

(1) Make a lane change into an available lane not immediately adjacent to the authorized emergency vehicle, tow truck, or Department of Transportation vehicle, with due regard for safety and traffic conditions, if practicable and not prohibited by law.

(2) If the maneuver described in paragraph (1) would be unsafe or impracticable, slow to a reasonable and prudent speed that is safe for existing weather, road, and vehicular or pedestrian traffic conditions.

(b) A violation of subdivision (a) is an infraction, punishable by a fine of not more than fifty dollars ($50).

(c) The requirements of subdivision (a) do not apply if the stationary authorized emergency vehicle that is displaying emergency lights, the stationary tow truck that is displaying flashing amber warning lights, or the stationary marked Department of Transportation vehicle that is displaying flashing amber warning lights is not adjacent to the freeway or is separated from the freeway by a protective physical barrier.

However when she recieved the notice to pay the fine it shows up as $225 with Traffic School. Does this sound right to any of you guys? I figured $50 and a scolding was all she was going to get.

[Riflelover]

I'm not a leo.. but I believe that the $50 is the base fee that the state can not fine you over. The additonal stuff is "court fees". Well thats how it was explained to me.

[Jonathan Doe]

The final payment is about 5 times the original fine amount. They add court fees and penalty assessment. I learned that when I worked at a court.

[Antihero47]

Thanks guys. I just wanted to be sure.

[Cokebottle]

Yup. Same for the new cell phone/texting fines.

She can fight it and if the officer doesn't show up, she wins.
Have her check with her insurance company. If she will not be penalized on her rates for one ticket (most companies allow one) then it's going to be cheaper to either just pay it or fight it.

If she already has a violation on her record, or if her insurance company will ding her, then it would be cheaper to take traffic school.

The full fine has to be paid anyways. Traffic school used to get you out of the fine but that changed around 1991.

[CharlesV]

These were questions on the DMV exam i took last year. The law above this post doesnt say the speed limit and thats the issue. Now ive forgotten--its 15 or 25? So 40-45 is definitely speeding. The tickets they love to give are 1) over-speed around road crews 2) failing to totally stop behind a stopped flashing emerg vehicle or SCHOOL BUS which i put in CAPS to emphasize. For buses, you cannot pass a flashing bus. DMV said for a emerg vehicle, you should totally stop, then proceed (15?25?) after that.

[tyrist]

Just have her take it to court and explain what happened. The judge may find her not guilty or even find her guilty and waive the fine.

[rodeoflyer]

I wasn't there, but I presume that it wasn't safe or practical for her to make a lane change with a vehicle approaching in the adjacent lane at a a higher speed.....

[Antihero47]

Nope. She said she was going about 65-70 on HWY 58 and she was about to pass the CHP officer with his ambers on and slowed down to 40-45. She said nobody was around her as it was 9-10 at night on a Thursday going eastbound so she figured no big deal slow down some.

She wasn't thinking at the time even though I've told her about the new law and did not move to the next lane. She's guilty so there's really nothing to fight. She's strapped for cash and can't risk paying for gas in her SUV to go to Mojave to try and fight it (not that she has anything to say) only to find out she has to pay anyway.

I just wanted to be sure the $200+ was legit or not.

[D2Shooter]

I'm not a leo.. but I believe that the $50 is the base fee that the state can not fine you over. The additonal stuff is "court fees". Well thats how it was explained to me.

If it helps, I had a "turning right on a red arrow" ticket's fine reduced down to $50 by the judge, but with BS "fees" the amount I paid was $335

[Sheepdog1968]

From what you posted here and from what I see in the code, it sounds like she is in the wrong and doesn't have of an argument. Such is life. Personally, I wouldn't fight it. If possible, I'd go to traffic school to keep it off the record and pay all of various fees and expenses. In 1998 I did traffic school online on a dial up modem. I suspect it's gotten much better for online traffic school.

[MoBait]

gototrafficschool.com .... shouldnt take more than 90 minutes if you don't read any of the info.

[Rooftop Voter]

Cant you submit a statement to the court (trial by declaration) and lay out the facts - maybe ask for leniency? She will still have to send in payment before she submits her statement but (please correct if I'm wrong here) she will still be able to take the traffic school even if the judge doesn't take it easy on her... ?