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Iowa Code (Last Updated: December 05, 2016) |
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Title XVI. CRIMINAL LAW AND PROCEDURE |
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Chapter 805. CITATIONS IN LIEU OF ARREST |
Section 805.8A. Motor vehicle and transportation scheduled violations.
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a. For parking violations under sections 321.236, 321.239, 321.358, 321.360, and 321.361, the scheduled fine is five dollars, except if the local authority has established the fine by ordinance. The scheduled fine for a parking violation pursuant to section 321.236 increases by five dollars if authorized by ordinance and if the parking violation is not paid within thirty days of the date upon which the violation occurred. For purposes of calculating the unsecured appearance bond required under section 805.6, the scheduled fine shall be five dollars, or if the amount of the fine is greater than five dollars, the unsecured appearance bond shall be the amount of the fine established by the local authority. However, violations charged by a city or county upon simple notice of a fine instead of a uniform citation and complaint required by section 321.236, subsection 1, paragraph “b”, are not scheduled violations, and this section shall not apply to any offense charged in that manner. For a parking violation under section 461A.38, the scheduled fine is ten dollars. For a parking violation under section 321.362, the scheduled fine is twenty dollars.
b. For a parking violation under section 321L.2A, subsection 2, the scheduled fine is twenty dollars.
c. For violations under section 321L.2A, subsection 3, sections 321L.3, 321L.4, subsection 2, and section 321L.7, the scheduled fine is two hundred dollars.
2. Title and registration violations. For title or registration violations under the following sections, the scheduled fine is as follows:
a. Section 321.17$ 50.
b. Section 321.25$100.
c. Section 321.32$ 20.
d. Section 321.34$ 20.
e. Section 321.37$ 20.
f. Section 321.38$ 20.
g. Section 321.41$ 20.
h. Section 321.45$100.
i. Section 321.46$100.
j. Section 321.47$100.
k. Section 321.48$100.
l. Section 321.52$100.
m. Section 321.55$ 50.
n. Section 321.57$100.
o. Section 321.62$100.
p. Section 321.67$100.
q. Section 321.98$ 50.
r. Section 321.99$200.
s. Section 321.104$100.
t. Section 321.115$ 30.
u. Section 321.115A$ 30.
3. Equipment violations. For equipment violations under the following sections, the scheduled fine is as follows:
a. Section 321.234A$ 50.
b. Section 321.247$100.
c. Section 321.317$ 20.
d. Section 321.381$100.
e. Section 321.381A$100.
f. Section 321.382$ 25.
g. Section 321.383$ 30.
h. Section 321.384$ 30.
i. Section 321.385$ 30.
j. Section 321.386$ 30.
k. Section 321.387$ 20.
l. Section 321.388$ 20.
m. Section 321.389$ 20.
n. Section 321.390$ 20.
o. Section 321.392$ 20.
p. Section 321.393$ 20.
q. Section 321.398$ 30.
r. Section 321.402$ 30.
s. Section 321.403$ 30.
t. Section 321.404$ 30.
u. Section 321.404A$ 25.
v. Section 321.409$ 30.
w. Section 321.415$ 30.
x. Section 321.419$ 30.
y. Section 321.420$ 30.
z. Section 321.421$ 30.
aa. Section 321.422$ 20.
ab. Section 321.423$ 30.
ac. Section 321.430$100.
ad. Section 321.432$ 20.
ae. Section 321.433$ 30.
af. Section 321.436$ 20.
ag. Section 321.438$ 50.
ah. Section 321.439$ 20.
ai. Section 321.440$ 20.
aj. Section 321.441$ 20.
ak. Section 321.442$ 20.
al. Section 321.444$ 20.
4. Driver’s license violations. For driver’s license violations under the following sections, the scheduled fine is as follows:
a. Section 321.174$ 200.
b. Section 321.174A$ 50.
c. Section 321.178, subsection 2,
paragraph “a”, subparagraph (2)$ 30.
d. Section 321.180$ 50.
e. Section 321.180B$ 50.
f. Section 321.193$ 50.
g. Section 321.194$ 50.
h. Section 321.216$ 100.
i. Section 321.216B$ 200.
j. Section 321.216C$ 200.
k. Section 321.219$ 200.
l. Section 321.220$ 200.
a. For excessive speed violations in excess of the limit under section 321.236, subsections 5 and 11, sections 321.285, and 461A.36, the scheduled fine shall be the following:
(1) Twenty dollars for speed not more than five miles per hour in excess of the limit.
(2) Forty dollars for speed greater than five but not more than ten miles per hour in excess of the limit.
(3) Eighty dollars for speed greater than ten but not more than fifteen miles per hour in excess of the limit.
(4) Ninety dollars for speed greater than fifteen but not more than twenty miles per hour in excess of the limit.
(5) One hundred dollars plus five dollars for each mile per hour of excessive speed over twenty miles per hour over the limit.
b. Notwithstanding paragraph “a”, for excessive speed violations in speed zones greater than fifty-five miles per hour, the scheduled fine shall be:
(1) Twenty dollars for speed not more than five miles per hour in excess of the limit.
(2) Forty dollars for speed greater than five but not more than ten miles per hour in excess of the limit.
(3) Eighty dollars for speed greater than ten but not more than fifteen miles per hour in excess of the limit.
(4) Ninety dollars for speed greater than fifteen but not more than twenty miles per hour in excess of the limit.
(5) One hundred dollars plus five dollars for each mile per hour of excessive speed over twenty miles per hour over the limit.
c. Excessive speed in whatever amount by a school bus is not a scheduled violation under any section listed in this subsection.
d. Excessive speed in conjunction with a violation of section 321.278 is not a scheduled violation, whatever the amount of excess speed.
e. For a violation under section 321.295, the scheduled fine is fifty dollars.
6. Operating violations. For operating violations under the following sections, the scheduled fine is as follows:
a. Section 321.236, subsections 3, 4, 9,
and 12$ 20.
b. Section 321.275, subsections 1
through 7$ 35.
c. Section 321.277A$ 35.
d. Section 321.288$100.
e. Section 321.297$100.
f. Section 321.299$100.
g. Section 321.302$100.
h. Section 321.303$100.
i. Section 321.304, subsections 1
and 2$100.
j. Section 321.305$100.
k. Section 321.306$100.
l. Section 321.311$100.
m. Section 321.312$100.
n. Section 321.314$100.
o. Section 321.315$ 35.
p. Section 321.316$ 35.
q. Section 321.318$ 35.
r. Section 321.323$100.
s. Section 321.340$100.
t. Section 321.353$100.
u. Section 321.354$100.
v. Section 321.363$ 35.
w. Section 321.365$ 35.
x. Section 321.366$100.
y. Section 321.395$100.
7. Failure to yield or obey violations. For failure to yield or obey violations under the following sections, the scheduled fine is as follows:
a. Section 321.257, subsection 2, for a violation by an operator of a
motor vehicle$100.
b. Section 321.298$100.
c. Section 321.307$100.
d. Section 321.308$100.
e. Section 321.313$100.
f. Section 321.319$100.
g. Section 321.320$100.
h. Section 321.321$100.
i. Section 321.327$100.
j. Section 321.329$100.
k. Section 321.333$100.
8. Traffic sign or signal violations. For traffic sign or signal violations under the following sections, the scheduled fine is as follows:
a. Section 321.236, subsections 2 and 6$ 35.
b. Section 321.256$100.
c. Section 321.294$100.
d. Section 321.304, subsection 3$100.
e. Section 321.322$100.
9. Bicycle or pedestrian violations. For bicycle or pedestrian violations under the following sections, the scheduled fine for a pedestrian or bicyclist is as follows:
a. Section 321.234, subsections 3 and 4$ 25.
b. Section 321.236, subsection 10$ 15.
c. Section 321.257, subsection 2$ 25.
d. Section 321.275, subsection 8$ 25.
e. Section 321.325$ 25.
f. Section 321.326$ 25.
g. Section 321.328$ 25.
h. Section 321.331$ 25.
i. Section 321.332$ 25.
j. Section 321.397$ 25.
k. Section 321.434$ 25.
9A. Electric personal assistive mobility device violations. For violations under section 321.235A, the scheduled fine is fifteen dollars.
10. School bus violations. For violations by an operator of a school bus under sections 321.285 and 321.372, subsections 1 and 2, the scheduled fine is one hundred dollars. However, an excessive speed violation by a school bus of more than ten miles per hour in excess of the limit is not a scheduled violation.
11. Emergency vehicle violations. For emergency vehicle violations under the following sections, the scheduled fine is as follows:
a. Section 321.231$100.
b. Section 321.323A$100.
c. Section 321.324$100.
d. Section 321.367$100.
e. Section 321.368$100.
a. For violations under sections 321.309, 321.310, 321.394, 321.461, and 321.462, the scheduled fine is thirty-five dollars.
b. For violations under section 321.437, the scheduled fine is thirty-five dollars.
c. For height, length, width, and load violations under sections 321.454, 321.455, 321.456, 321.457, and 321.458, the scheduled fine is two hundred dollars.
d. For violations under section 321.466, the scheduled fine is twenty dollars for each two thousand pounds or fraction thereof of overweight.
e. (1) Violations of the schedule of axle and tandem axle and gross or group of axle weight violations in section 321.463 shall be scheduled violations subject to the provisions, procedures, and exceptions contained in sections 805.6 through 805.11, irrespective of the amount of the fine under that schedule.
(a) Violations of the schedule of weight violations shall be chargeable, where the fine charged does not exceed one thousand dollars, only by uniform citation and complaint.
(b) Violations of the schedule of weight violations, where the fine charged exceeds one thousand dollars shall, when the violation is admitted and section 805.9 applies, be chargeable upon uniform citation and complaint, indictment, or county attorney’s information, but otherwise shall be chargeable only upon indictment or county attorney’s information.
(2) In all cases of charges under the schedule of weight violations, the charge shall specify the amount of fine charged under the schedule. Where a defendant is convicted and the fine under the foregoing schedule of weight violations exceeds one thousand dollars, the conviction shall be of an indictable offense although section 805.9 is employed and whether the violation is charged upon uniform citation and complaint, indictment, or county attorney’s information.
f. For a violation under section 321E.16, other than the provisions relating to weight, the scheduled fine is two hundred dollars.
13. Motor carrier and other operator violations.
a. (1) For a violation under section 321.54, the scheduled fine is thirty dollars.
(2) For violations under sections 326.22 and 326.23, the scheduled fine is fifty dollars.
b. For a violation under section 321.449 or 321.449A, the scheduled fine is fifty dollars.
c. For violations under sections 321.364, 321.450, 321.460, and 452A.52, the scheduled fine is two hundred dollars.
d. For violations of section 325A.3, subsection 5, or section 325A.8, the scheduled fine is one hundred dollars.
e. For violations of chapter 325A, other than a violation of section 325A.3, subsection 5, or section 325A.8, the scheduled fine is two hundred fifty dollars.
f. For violations of section 327B.1, subsection 1 or 3, the scheduled fine is two hundred fifty dollars.
a. Failure to obey a peace officer. For a violation under section 321.229, the scheduled fine is one hundred dollars.
b. Abandoning a motor vehicle. For a violation under section 321.91, the scheduled fine is two hundred dollars.
c. Seat belt or restraint violations.
(1) For a violation under section 321.445, the scheduled fine is fifty dollars.
(2) For a violation under section 321.446, the scheduled fine is one hundred dollars.
d. Litter and debris violations. For violations under sections 321.369 and 321.370, the scheduled fine is seventy dollars.
e. Open container violations. For violations under sections 321.284 and 321.284A, the scheduled fine is two hundred dollars.
f. Proof of financial responsibility. If, in connection with a motor vehicle accident, a person is charged and found guilty of a violation of section 321.20B, subsection 1, the scheduled fine is five hundred dollars; otherwise, the scheduled fine for a violation of section 321.20B, subsection 1, is two hundred fifty dollars. Notwithstanding section 805.12, fines collected pursuant to this paragraph shall be submitted to the state court administrator and distributed fifty percent to the victim compensation fund established in section 915.94, twenty-five percent to the county in which such fine is imposed, and twenty-five percent to the general fund of the state.
g. Speed detection jamming devices. For a violation under section 321.232, the scheduled fine is one hundred dollars.
h. Railroad crossing violations. For violations under sections 321.341, 321.342, 321.343, and 321.344, and 321.344B, the scheduled fine is two hundred dollars.
i. Road work zone violations. The scheduled fine for any moving traffic violation under chapter 321, as provided in this section, shall be doubled if the violation occurs within any road work zone, as defined in section 321.1. However, notwithstanding subsection 5, the scheduled fine for violating the speed limit in a road work zone is as follows:
(1) One hundred fifty dollars for speed not more than ten miles per hour over the posted speed limit.
(2) Three hundred dollars for speed greater than ten but not more than twenty miles per hour over the posted speed limit.
(3) Five hundred dollars for speed greater than twenty but not more than twenty-five miles per hour over the posted speed limit.
(4) One thousand dollars for speed greater than twenty-five miles per hour over the posted speed limit.
j. Vehicle component parts records violations. For violations under section 321.95, the scheduled fine is fifty dollars.
k. Actions against a person on a bicycle. For violations under section 321.281, the scheduled fine is two hundred fifty dollars.
l. Text-messaging while driving violations. For violations under section 321.276, the scheduled fine is thirty dollars.
; 2003 Acts, ch 108, §116 – 118
; 2011 Acts, ch 34, §150 – 154
For additional penalties applicable to certain motor vehicle violations causing serious injury or death, see §321.482A