OAKLAND, Calif. — On Tuesday morning, Judge Cara Sandberg heard arguments in a misdemeanor criminal case over whether fines imposed on an indigent accused convicted of reckless driving were excessive, despite being set at the statutory minimum.
The accused was facing fines related to a wet reckless driving conviction, a reduced charge that can result from a plea agreement involving an original DUI charge. Despite the reduction, the defense argued that his financial circumstances limited his ability to pay the imposed penalties.
Deputy Public Defender Alexia Mayorga asked the court to waive certain fees because of the accused’s inability to pay, highlighting that he is living below the federal poverty level.
Throughout the accused’s legal proceedings, Mayorga emphasized that he responded to the charges at an early stage, attempting to resolve the matter while minimizing additional involvement with the court. She argued that maintaining the existing fines would be “excessive” because the accused had already appeared in court multiple times in an “attempt to resolve” the issue.
The accused has no income and is unable to afford rent without assistance, making the additional fines an even greater financial burden. Mayorga stated that maintaining the existing penalties while “knowing his position” would subject him to a “constant state of poverty,” preventing him from gaining employment or securing stable housing.
Judge Sandberg upheld the fines, finding that they were not excessive because the accused’s $150 restitution fine and $145 base penalty fine were both imposed at the statutory minimum amounts.
Regardless of his financial situation, the judge stated that the “court has a duty to impose fines.” However, she added that the accused cannot be incarcerated solely for failing to pay them.
Judge Sandberg reiterated that fines imposed at the minimum amount did not violate state or federal constitutional protections against excessive fines.
When discussing potential arrangements for the financial obligations, counsel considered applying credit for time served and possible waivers of certain fees.
Ultimately, Mayorga chose to keep the current plea open to allow time to consult with the accused before making any final decisions.
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