What is the test for reversing and/or staying a motor vehicle fine, assessment and assessment?
California, United States of America
The following excerpt is from People v. Martinez, E071964 (Cal. App. 2020):
Relying on People v. Dueas (2019) 30 Cal.App.5th 1157, defendant argues the fines, fees, and assessments must be reversed and/or stayed because the trial court failed to make a finding defendant had the ability to pay them in violation of his due process and equal protection rights and prohibitions against cruel and/or unusual punishment. He also asserts that his trial counsel was ineffective for failing to object to the imposition of these fines and fees.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether a defendant is liable for a motor vehicle accident under the California Vehicle Accident Act or the California Motor Vehicle Act? (California, United States of America)
Does Vehicle Code section 23558 of the California Vehicle Code provide notice of enhancements to a motor vehicle under Vehicle Code Section 12022.7? (California, United States of America)
What is the basis for penalty assessments in the minutes and abstract of judgment of a motor vehicle fine? (California, United States of America)
Is a motor vehicle insurance policy that includes a policy of insurance that includes uninsured motorist coverage precludes stacking of uninsured motor vehicle coverages? (California, United States of America)
Is a defendant's sentence for unlawfully taking or driving a vehicle in count 5 of the California Vehicle Accused Robbery and Vehicle Theft Act stayed? (California, United States of America)
Does section 3110 of the Ontario Motor Vehicle Code of Civil Procedure (Motor Vehicle Accident and Accident Benefits Act) apply to a mechanic's lien claimant? (California, United States of America)
Can a plaintiff bring an action under the California Motor Vehicle Accident Prevention Act for damages arising out of a motor vehicle accident? (California, United States of America)
Does the phrase "as a result of" in a motor vehicle accident apply to a section of the Motor Vehicle Accident Act? (California, United States of America)
When a motor vehicle is stolen, can the owner of the stolen vehicle ask for a warrant to search the vehicle's contents? (California, United States of America)
Is a motor vehicle owner liable for negligence upon permitting a defective vehicle to be driven by another vehicle? (California, United States of America)
