What is the test for making a claim in a motor vehicle accident case?

California, United States of America


The following excerpt is from People v. Patella, F077821 (Cal. App. 2021):

490 ["[A] defendant must in the first instance contest in the trial court his or her ability to pay the fines, fees and assessments to be imposed and at a hearing present evidence of his or her inability to pay the amounts contemplated by the trial court."].) "[W]e express no view as to whether defendant may be able to state a viable claim that ultimately withstands constitutional scrutiny on review." (People v. Montes, at p. 1121.)

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