Ability to Pay Determination

[skitz]

I got a speeding ticket in California and I don't live there so I'm not able to appear and I'm also unable to pay the fine because I have no income. So, I'm filling out the "ability to pay determination" form that Is provided by the Kern county court. I believe it's the same thing as an "affidavit of indigence". It asks you to list your income and expenses and then it asks you to explain in more detail why it is you are unable to pay. I wrote that I have no source of income to speak of and that I'm on food stamps. I'm also a heart failure patient - I moved to Mexico to live with my family and that I don't ever plan to return to California.

Then it asks what it is you want the court to do and I put that I'm requesting that the fine, as well as any associated fees and costs be forgiven, waived, vacated, or suspended (does it matter which one?). My question to the freeadvice.com legal community: Is there an appropriate case law or a "pursuant to" (relating to indigency) that could be invoked that might help the judge arrive at a favorable decision?

 

[skitz]

I got a speeding ticket in California and I don't live there so I'm not able to appear and I'm also unable to pay the fine because I have no income. So, I'm filling out the "ability to pay determination" form that Is provided by the Kern county court. I believe it's the same thing as an "affidavit of indigence". It asks you to list your income and expenses and then it asks you to explain in more detail why it is you are unable to pay. I wrote that I have no source of income to speak of and that I'm on food stamps. I'm also a heart failure patient - I moved to Mexico to live with my family and that I don't ever plan to return to California.

Then it asks what it is you want the court to do and I put that I'm requesting that the fine, as well as any associated fees and costs be forgiven, waived, vacated, or suspended (does it matter which one?). My question to the freeadvice.com legal community: Is there an appropriate case law or a "pursuant to" (relating to indigency) that could be invoked that might help the judge arrive at a favorable decision?

I know there are answers to my question. I was just hoping somebody knowledgeable would know right away and save me what will likely be hours of research...

 

[quincy]

I got a speeding ticket in California and I don't live there so I'm not able to appear and I'm also unable to pay the fine because I have no income. So, I'm filling out the "ability to pay determination" form that Is provided by the Kern county court. I believe it's the same thing as an "affidavit of indigence". It asks you to list your income and expenses and then it asks you to explain in more detail why it is you are unable to pay. I wrote that I have no source of income to speak of and that I'm on food stamps. I'm also a heart failure patient - I moved to Mexico to live with my family and that I don't ever plan to return to California.

Then it asks what it is you want the court to do and I put that I'm requesting that the fine, as well as any associated fees and costs be forgiven, waived, vacated, or suspended (does it matter which one?). My question to the freeadvice.com legal community: Is there an appropriate case law or a "pursuant to" (relating to indigency) that could be invoked that might help the judge arrive at a favorable decision?

The "ability to pay" form (TR-018?) is all you need to submit for the court to make its determination.

Based on what you describe of your financial situation, and as long as your speeding violation was not a misdemeanor or a felony, there is a good chance your fine will be waived.

 

[cbg]

I know there are answers to my question. I was just hoping somebody knowledgeable would know right away and save me what will likely be hours of research...

This is a volunteer board and people are responding on their own time. Operators are not standing by 24/7 to answer your call; we are not Time Warner. Sometimes you need to have a little patience since the volunteers are also dealing with their own jobs and lives and families.

 

[Just Blue]

This is a volunteer board and people are responding on their own time. Operators are not standing by 24/7 to answer your call; we are not Time Warner. Sometimes you need to have a little patience since the volunteers are also dealing with their own jobs and lives and families.

I was going to actually answer this last night...but then I saw OP's px hx and decided that s/he could find their own answer.

 

[quincy]

... since the volunteers are also dealing with their own jobs and lives and families.

Or ignoring them, as the case may be. Haha.

 

[not2cleverRed]

I was going to actually answer this last night...but then I saw OP's px hx and decided that s/he could find their own answer.

They seem to have deleted that.

Even more disincentive.

 

[Just Blue]

They seem to have deleted that.

Even more disincentive.

The hx I was referring to was reported...but it was quoted by me.


https://forum.freeadvice.com/thread...e-to-control-speed.655500/page-2#post-3662557

But as OP has been here for 6 years and has no other thread and just 2 posts...yeah, seem like OP deletes his/her threads.

 

[not2cleverRed]

The hx I was referring to was reported...but it was quoted by me.


https://forum.freeadvice.com/thread...e-to-control-speed.655500/page-2#post-3662557

But as OP has been here for 6 years and has no other thread and just 2 posts...yeah, seem like OP deletes his/her threads.

Golly, what an idiot.

FYI @skitz : in inclement weather, you are expected to alter your driving to compensate for the road conditions. Even if there is a posted "minimum" speed limit, if visibility and/or road conditions are bad enough to warrant it, you are (legally) expected to go slower, if that is necessary to avoid playing bumper cars.

 

[quincy]

I probably should have added that, when a court waives a fine, there will generally be some expectation by the court that the offender "pays" in a different way (e.g., like community service hours).

 

[skitz]

This is a volunteer board and people are responding on their own time. Operators are not standing by 24/7 to answer your call; we are not Time Warner. Sometimes you need to have a little patience since the volunteers are also dealing with their own jobs and lives and families.

My most sincere apologies.

 

[skitz]

I was going to actually answer this last night...but then I saw OP's px hx and decided that s/he could find their own answer.

px hx?

 

[skitz]

The hx I was referring to was reported...but it was quoted by me.


https://forum.freeadvice.com/thread...e-to-control-speed.655500/page-2#post-3662557

But as OP has been here for 6 years and has no other thread and just 2 posts...yeah, seem like OP deletes his/her threads.

6 years?

 

[skitz]

Golly, what an idiot.

FYI @skitz : in inclement weather, you are expected to alter your driving to compensate for the road conditions. Even if there is a posted "minimum" speed limit, if visibility and/or road conditions are bad enough to warrant it, you are (legally) expected to go slower, if that is necessary to avoid playing bumper cars.

If they weren't intoxicated or impaired, and did not commit any infractions or moving violations, they are required to submit their insurance information and be on their way. As far as being cited for bad judgment or poor driving skills, which VC would that be?

 

[skitz]

I probably should have added that, when a court waives a fine, there will generally be some expectation by the court that the offender "pays" in a different way (e.g., like community service hours).

Thank you for the response. It is much appreciated. What would be the correct terminology to use - do I want them to forgive the fine, vacate the fine, suspend the fine, stay the fine, or waive the fine? It seems like any one of those works but I wanted to be sure in case there's a difference.