Rule Proposed To Allow Drivers To Hold Off Paying Fine If Contesting Ticket In Court

LOS ANGELES (CBSLA.com) — Even when fighting a traffic ticket in court, the ticket first has to be paid – but a state judicial panel is considering changing that.

California's chief justice is calling for a new rule that would allow drivers to hold off paying the fine until they can get their day in court to explain to a judge what happened.

Such a change in the law would help a driver like George Thomas, who was hit with a $600 ticket for stopping traffic to make sure a little boy could safely retrieve his ball from the middle of a street.

"I think that would really help," Thomas said. "Driving in California is a privilege, but access to the courts is a right."

Attorney Jeffrey Rubenstein says the new rule would protect important due process rights for those who can't afford to pay the fines up front and therefore never present their cases in court.

The proposed rule would "state that courts must allow traffic infraction defendants to appear for arraignment and trial without the deposit of bail unless a specified exception applies."

But one of those exemptions says "courts may require a deposit of bail before trial if the court finds…that the defendant is unlikely to appear as ordered without a deposit of bail…" Such an exemption is troubling to attorney Theresa Zhen, who represents financially disadvantaged clients.

"Judges can still impose bail based on small, minute, sometimes illegitimate reasons," she said.

For example, Zhen says people with legitimate reasons for failing to appear could find themselves forced to pay fines up front.

"People can fail to appear because they are hospitalized, in jail, death in the family, or maybe a person on active military," Zhen said.

The exact language of the proposed rule is still being drafted (PDF) – but it is on the fast track and could go into effect as early as next week.