Page 11

V. Bail Categories Assembly Bill 1344 (Stats. 1992, ch. 696), effective September 15, 1992, amended Vehicle Code section 40310 to classify Vehicle Code offenses into four or fewer penalty categories, according to the severity of the offenses. The Judicial Council has approved the following categories of bail/fine after considering suggestions from its Traffic Advisory Committee and the recommendations made by the National Center for State Courts:

Base + Additional Penalties* + Fees = Total Bail*/Fees
Fine & Surcharge (*See secs. II–IV)
Category 1 Bicyclist, motorized scooter, pedestrian, $ 25 + $ 92 + $ 75 = $ 192
pocket bike, vehicle registration
Category 2 Driver’s license, operation of vehicle, $ 35 + $ 123 + $ 75 = $ 233
and size and load offenses
Category 3 Substance abuse infractions, VC 2818, $ 70 + $ 217 + $ 75 = $ 362
VC 20004, VC 21706.5, and VC 27375
Category 4 Miscellaneous offenses for which the penalties or the fee for dismissal with proof of correction are specifically set
by the Vehicle Code, speeding offenses (refer to Speed Chart), and infractions pursuant to PC 19.8

If a citation does not indicate that an offense is eligible for correction under Vehicle Code 40522, a court may presume that the offense is cited as
noncorrectable. (See also California Highway Patrol v. Superior Court (2008) 158 Cal.App.4th 726, 740.) Vehicle Code section 14610.5(a) may be
charged as either an infraction or a misdemeanor (Vehicle Code section 14610.5(b)). Penal Code section 19.8 lists the following offenses that are an
infraction with a fine of up to $250: Vehicle Code sections 5201.1, 12500(a), 14601.1, 23109(c), 27150.1, and 40508. If one of these offenses is
charged as an infraction, the appropriate penalty is listed in the Traffic Infraction Bail and Penalty Schedule. If the offense is charged as a
misdemeanor, the recommended penalty is listed in the Traffic Misdemeanor Bail and Penalty Schedule.

VI. Point Count Vehicle Code sections 12810, 12810.2, 12810.3, and 12810.4 determine the amount of point count. The Department of Motor Vehicles establishes conviction point count based on statutory guidance and definition. Vehicle Code section 12810.5 defines a “negligent operator” based on point count. The Department of Motor Vehicles may take an administrative sanction against a person’s driving privilege based on “points” (Vehicle Code section 12810.5).

VII. Prior Convictions A. The base fine for one Vehicle Code moving violation that is assessed “points” on a current arrest or citation may be enhanced by $10 for each “prior” conviction within 36 months of the new alleged offense. For calculating the enhancement, both the current and “prior” offense must be a moving violation for which a “point” has been assigned per Vehicle Code section 12810 or 12810.2. A confidential conviction after completion of traffic violator school is not assigned a point or counted as a prior offense for purposes of enhancing the fine of a subsequent offense. Regardless of the number of moving violation convictions on a citation, only one “prior” per citation shall be counted in determining the enhancement on the current offense.

viii