Did you know there are literally hundreds of California Vehicle Code sections you can violate every single time you get in your car? (And some, even, that you don’t even require you to be driving?) If you’ve been cited for one of the many violations of the complex and lengthy California code, it could end up costing you thousands of dollars in fines, an increase in your car insurance premiums, and even a suspension of your license. However, armed with knowledge about the elements required for a traffic violation and possible defenses, you can fight your traffic ticket and win. Learn more about some of these common traffic violations:
· VC 22450 – Running a stop sign. This may be a common infraction, but there are many ways to beat this kind of ticket. For instance, if the officer has parked on a cross street when he saw you fail to stop at the sign, it may be possible that his vision was blocked and he didn’t see that you actually did come to a complete stop a few feet behind the line. Other defenses may be possible if the sign is newly installed or markings on the road have been worn away.
· VC 21453 – Running a stoplight. The wording of this law is very similar to the above infraction, but the application and defenses available differ greatly. For one, it is important to understand exactly what constitutes a violation of this section. To be guilty, you must enter the intersection when the light is red. If the front of your vehicle entered the intersection when the light was yellow, you have not broken this law. However, this does not mean you should simply slam on the gas pedal to be sure you enter the intersection a millisecond before the light turns red; an officer may still cite you for reckless driving if your actions are sufficiently dangerous. It is important to remember as well that you should never tell the officer it was a short yellow light – this is very close to admitting you did indeed enter the intersection when it was red.
· Illegal U-turns. There are three types of illegal U-turns, each dealing with the sort of “district” you are in when you are cited. The definition of business, residential, or non-residential and non-business will often be the distinction between whether you were guilty of violating these provisions or not.
o VC 22102 – U-turn in a business district. A “business district” is a place where over 50% of the property fronting the street is devoted to businesses along 300 feet of highway. You can only make a U-turn at an intersection or, on a divided highway, at an opening unless a visible sign prohibits it.
o VC 22103 – U-turn in a residential district. A “residential district” is a place where there are at least 13 houses or businesses on one side of the road or 16 on both sides over a quarter mile stretch. In these areas, you may make a U-turn at any controlled intersection or at any place where no vehicle is approaching within 200 feet in either direction.
o VC 22105 – U-turn in non-residential, non-business districts. This includes any area not defined as “residential” or “business.” Here, you may make a U-turn anywhere (including over double yellow lines, unless they are more than two feet apart) as long as you have an unobstructed view 200 feet in both directions. It does not matter whether a vehicle was approaching or not, only that your view was obstructed.
If you have been cited for any of these common traffic violations, there are very likely defenses available to you that you can use to fight and beat your traffic ticket. Often, these sorts of tickets can be reduced to much less expensive violations or even completely dismissed. Contact the Law Offices of Scott R. Ball today for a free and confidential evaluation of your case.
5/24/09
Common Traffic Tickets in CA Explained: Accidents and Insurance
Everyone knows that speeding or running a red light or stop sign can result in being pulled over and given a traffic ticket for your momentary lapse in judgment. But did you know there are literally hundreds of California Vehicle Code sections you can violate every single time you get in your car? (And some, even, that you don’t even require you to be driving?)
If you’ve been cited for one of the many violations dealing with accidents and insurance, it could end up costing you thousands of dollars in fines, an increase in your car insurance premiums, and even a suspension of your license. With a skilled attorney experienced in defending traffic tickets, however, you can fight your traffic ticket and win. Learn more about the most common accident and insurance traffic violations:
· VC 16028 – Proof of insurance. This section of the Vehicle Code requires that you carry proof that the vehicle you are driving is insured. Anytime you are questioned by an officer for proof of insurance, you must produce it or you may be cited. However, an officer may not pull you over simply for the purpose of asking if you are insured. If an officer pulls you over without a valid reason and cites you for this violation, you should speak with an attorney immediately, as you have a very winnable case. There are two ways to be cited for breaking this law:
o If you have insurance but no proof. If you actually do have insurance but merely weren’t carrying the card with you when you were pulled over, this is relatively easy to have dismissed by giving a copy of your current insurance policy or card to the court clerk. Don’t forget to do this, however, as failing to provide proof of insurance is punishable by a fine of over $1,700!
o If you didn’t have insurance when you were cited. If you are cited for violating this section and you simply do not have insurance, you have a big problem. Fines are extremely expensive for this infraction and if you have no proof that you do have insurance, there is not much you can do. However, if the vehicle you are driving is insured by someone else, such as your employer, it is possible to get this sort of violation dismissed. NOTE: NEVER give wrong information to an officer about your insurance. This crime is a misdemeanor and is punishable by an even larger fine and up to five days in jail.
· VC 16075 – Mandatory reporting of certain accidents. This section requires that in any accident involving personal injury or damage of at least $750, all drivers must file an accident report and provide evidence of insurance. Failing to do so can result in the suspension of your license for one year. In fact, even if you are driving someone else’s vehicle, you must comply with this section. If you are facing a violation of this section, it is important you contact a skilled attorney today to prevent the DMV from taking away your license.
· VC 16025 – Exchange of information at accidents. Even if the accident in which you were involved is very minor and less than $750 worth of damage is involved, you are still required by law to exchange information with other drivers involved. If you fail to disclose your name, address, driver’s license number, vehicle identification number, or insurance information, you can be found guilty of an infraction with another hefty fine. However, it is important to realize that this violation must be proved beyond a reasonable doubt.
If you have been cited for any of these common accident and insurance violations, it would be wise of you to contact an attorney today. Often, these sorts of tickets can be reduced to much less expensive violations or even completely dismissed. Contact the Law Offices of Scott R. Ball today for a free and confidential evaluation of your case.
If you’ve been cited for one of the many violations dealing with accidents and insurance, it could end up costing you thousands of dollars in fines, an increase in your car insurance premiums, and even a suspension of your license. With a skilled attorney experienced in defending traffic tickets, however, you can fight your traffic ticket and win. Learn more about the most common accident and insurance traffic violations:
· VC 16028 – Proof of insurance. This section of the Vehicle Code requires that you carry proof that the vehicle you are driving is insured. Anytime you are questioned by an officer for proof of insurance, you must produce it or you may be cited. However, an officer may not pull you over simply for the purpose of asking if you are insured. If an officer pulls you over without a valid reason and cites you for this violation, you should speak with an attorney immediately, as you have a very winnable case. There are two ways to be cited for breaking this law:
o If you have insurance but no proof. If you actually do have insurance but merely weren’t carrying the card with you when you were pulled over, this is relatively easy to have dismissed by giving a copy of your current insurance policy or card to the court clerk. Don’t forget to do this, however, as failing to provide proof of insurance is punishable by a fine of over $1,700!
o If you didn’t have insurance when you were cited. If you are cited for violating this section and you simply do not have insurance, you have a big problem. Fines are extremely expensive for this infraction and if you have no proof that you do have insurance, there is not much you can do. However, if the vehicle you are driving is insured by someone else, such as your employer, it is possible to get this sort of violation dismissed. NOTE: NEVER give wrong information to an officer about your insurance. This crime is a misdemeanor and is punishable by an even larger fine and up to five days in jail.
· VC 16075 – Mandatory reporting of certain accidents. This section requires that in any accident involving personal injury or damage of at least $750, all drivers must file an accident report and provide evidence of insurance. Failing to do so can result in the suspension of your license for one year. In fact, even if you are driving someone else’s vehicle, you must comply with this section. If you are facing a violation of this section, it is important you contact a skilled attorney today to prevent the DMV from taking away your license.
· VC 16025 – Exchange of information at accidents. Even if the accident in which you were involved is very minor and less than $750 worth of damage is involved, you are still required by law to exchange information with other drivers involved. If you fail to disclose your name, address, driver’s license number, vehicle identification number, or insurance information, you can be found guilty of an infraction with another hefty fine. However, it is important to realize that this violation must be proved beyond a reasonable doubt.
If you have been cited for any of these common accident and insurance violations, it would be wise of you to contact an attorney today. Often, these sorts of tickets can be reduced to much less expensive violations or even completely dismissed. Contact the Law Offices of Scott R. Ball today for a free and confidential evaluation of your case.
5/16/09
Common Traffic Tickets in CA Explained: Failure to Yield Tickets
Everyone knows that speeding or running a red light or stop sign can result in being pulled over and given a traffic ticket for your momentary lapse in judgment. But did you know there are literally hundreds of California Vehicle Code sections you can violate every single time you get in your car? (And some, even, that you don’t even require you to be driving?)
If you’ve been cited for one of the many violations dealing with failing to yield, it could end up costing you hundreds of dollars in fines, an increase in your car insurance premiums, and even a suspension of your license. Learn more about the most common failure to yield violations:
· VC 21451 & VC 21453 – Right of way in intersections. If another vehicle is in the intersection before you, you must give them the right of way, even if your light is green, you have already come to a complete stop at a stop sign, or before making a right turn on a red light. You do not have to wait until the intersection is completely cleared before entering, but you must not deliberately crowd other vehicles. Whether you are a crowding another vehicle is a subjective interpretation by the citing officer, which can often be successfully challenged in court. NOTE: VC 21453, dealing with failure to yield at a red light, is a particularly harsh offense, with a base fine of $100, which, with penalty assessments and various court fees, will cost you over $400 for a conviction.
· VC 21800 – Uncontrolled four way stops. Remember driver’s ed? If you and one or more vehicles get to a four way stop at the same time, the vehicle to your right has the right of way. However, if any vehicle came to a complete stop first, then that vehicle has the right of way. This violation is often cited when an officer comes to the scene of an accident which they did not see. If this is the case, it is important to remember to never admit to the officer that the other vehicle was there first or that you were at fault. Your admissions can and will be used against you in court.
· VC 21801(a) – Left or U-turn. When you are making a left or U-turn and there is no controlled green arrow signal, you must yield to oncoming traffic. Again, this is another very subjective interpretation by the officer, and it is also another infraction that can be successfully challenged.
· VC 21802 & VC 21803 – Stop and yield signs. Even if you have come to a complete stop, you must still yield to oncoming traffic if, upon entering the intersection, you constitute an “immediate hazard” to any other vehicle. However, this traffic ticket can be challenged by numerous methods, such as obstructions that made you unable to see oncoming traffic, or if the other driver was driving at an unsafe speed.
· VC 21950(a) – Pedestrian in a crosswalk. You must yield to pedestrians at both marked and unmarked crosswalks, even after coming to a complete stop. An unmarked crosswalk is the prolongation of sidewalk boundaries where any two streets meet at right angles. You do not have to wait until the pedestrian has exited the crosswalk, it is only required that any pedestrians are out of the way. This is a different rule than in some states, and police officers can sometimes mistakenly cite you incorrectly. If that is the case, it is important to have an attorney with you to challenge this sort of ticket.
· VC 21951 – Passing vehicle stopped at a crosswalk. If a vehicle in front of you has yielded to a pedestrian, you may not pass that vehicle. This is fairly straight forward, but can be subject to several challenges by a skilled attorney that can create reasonable doubt about your guilt. This section is also a particularly harsh offense, with a base fine of $100, which, with penalty assessments and various court fees, that will cost you over $400 for a conviction.
· VC 21952 – Pedestrian on sidewalk near driveway. You must yield the right of way to a pedestrian on a sidewalk when entering or exiting a driveway. Just because a driveway isn’t a regular roadway, doesn’t mean that you have the right of way!
If you have been cited for any of these failure to yield violations, it may be a good idea for you to challenge your ticket. Often, these sorts of tickets can be reduced to non-moving infractions, which do not result in a point on your record (or an increase in your car insurance) or even completely dismissed. If you have more questions about how you can fight your ticket and win, contact the Law Offices of Scott R. Ball today.
If you’ve been cited for one of the many violations dealing with failing to yield, it could end up costing you hundreds of dollars in fines, an increase in your car insurance premiums, and even a suspension of your license. Learn more about the most common failure to yield violations:
· VC 21451 & VC 21453 – Right of way in intersections. If another vehicle is in the intersection before you, you must give them the right of way, even if your light is green, you have already come to a complete stop at a stop sign, or before making a right turn on a red light. You do not have to wait until the intersection is completely cleared before entering, but you must not deliberately crowd other vehicles. Whether you are a crowding another vehicle is a subjective interpretation by the citing officer, which can often be successfully challenged in court. NOTE: VC 21453, dealing with failure to yield at a red light, is a particularly harsh offense, with a base fine of $100, which, with penalty assessments and various court fees, will cost you over $400 for a conviction.
· VC 21800 – Uncontrolled four way stops. Remember driver’s ed? If you and one or more vehicles get to a four way stop at the same time, the vehicle to your right has the right of way. However, if any vehicle came to a complete stop first, then that vehicle has the right of way. This violation is often cited when an officer comes to the scene of an accident which they did not see. If this is the case, it is important to remember to never admit to the officer that the other vehicle was there first or that you were at fault. Your admissions can and will be used against you in court.
· VC 21801(a) – Left or U-turn. When you are making a left or U-turn and there is no controlled green arrow signal, you must yield to oncoming traffic. Again, this is another very subjective interpretation by the officer, and it is also another infraction that can be successfully challenged.
· VC 21802 & VC 21803 – Stop and yield signs. Even if you have come to a complete stop, you must still yield to oncoming traffic if, upon entering the intersection, you constitute an “immediate hazard” to any other vehicle. However, this traffic ticket can be challenged by numerous methods, such as obstructions that made you unable to see oncoming traffic, or if the other driver was driving at an unsafe speed.
· VC 21950(a) – Pedestrian in a crosswalk. You must yield to pedestrians at both marked and unmarked crosswalks, even after coming to a complete stop. An unmarked crosswalk is the prolongation of sidewalk boundaries where any two streets meet at right angles. You do not have to wait until the pedestrian has exited the crosswalk, it is only required that any pedestrians are out of the way. This is a different rule than in some states, and police officers can sometimes mistakenly cite you incorrectly. If that is the case, it is important to have an attorney with you to challenge this sort of ticket.
· VC 21951 – Passing vehicle stopped at a crosswalk. If a vehicle in front of you has yielded to a pedestrian, you may not pass that vehicle. This is fairly straight forward, but can be subject to several challenges by a skilled attorney that can create reasonable doubt about your guilt. This section is also a particularly harsh offense, with a base fine of $100, which, with penalty assessments and various court fees, that will cost you over $400 for a conviction.
· VC 21952 – Pedestrian on sidewalk near driveway. You must yield the right of way to a pedestrian on a sidewalk when entering or exiting a driveway. Just because a driveway isn’t a regular roadway, doesn’t mean that you have the right of way!
If you have been cited for any of these failure to yield violations, it may be a good idea for you to challenge your ticket. Often, these sorts of tickets can be reduced to non-moving infractions, which do not result in a point on your record (or an increase in your car insurance) or even completely dismissed. If you have more questions about how you can fight your ticket and win, contact the Law Offices of Scott R. Ball today.
5/8/09
Common Traffic Tickets in CA Explained: Passing and Lane Changing Tickets
Everyone knows that speeding or running a red light or stop sign can result in being pulled over and given a traffic ticket for your momentary lapse in judgment. But did you know there are literally hundreds of California Vehicle Code sections you can violate every single time you get in your car? (And some, even, that you don’t even require you to be driving?)
If you’ve been cited for one of the many violations dealing with passing or changing lanes, it could end up costing you hundreds of dollars in fines, an increase in your car insurance premiums, and even a suspension of your license. Learn more about the most common passing and lane changing violations:
· VC 21658(a) – Unsafe lane changes. A violation of this section results when you either straddle two lanes or make a lane change without regard for “reasonable safety.” However, just because you signal your lane change does not necessarily make it “reasonably safe.” This is a subjective interpretation by the officer who gives you the ticket. An experienced attorney can challenge this subjectivity and often have this kind of citation dismissed.
· VC 21655.5 through 21655.9 – Traveling in, and crossing into a high occupancy vehicle lane. Also known as the carpool lane, these violations are extremely expensive, with a $100 base fine that comes out to a total fine and fees of over $400. However, these infractions are subject to requirements that certain surveys have been conducted within a specified time period before you received your ticket. If a proper survey has not been conducted in the requisite time period, your ticket should be dismissed.
· VC 21750 & VC 21751 – Dangerous passing. This section requires that you “interfered with the safe operation” of any vehicle or bicycle while in the act of passing. Unless you have caused a near accident, this is a violation that is relatively easy to fight due to the extremely subjective nature of the wording of the law.
· VC 21752 – Unsafe “blind” passing. Similar to the previous section, this infraction prohibits unsafe passing when there is an obstacle (such as a hill or curve) where another vehicle might approach. It does not matter if another vehicle was approaching or not.
· VC 21754 & VC 21755 – Passing on the right. You are generally prohibited from passing on the right side of a vehicle unless you are on a divided highway or the passed vehicle is making a left hand turn. There are, however, exceptions to this rule, such as where the street is wide enough to accommodate two lanes of traffic.
· VC 22526 – Entering an obstructed intersection. Also known as the “Anti-Gridlock Act,” this infraction results when you enter an intersection and there is not sufficient space to get completely through the intersection before the light turns red. Even if you entered the intersection when your light was green, if you get stuck blocking traffic, you can be cited for this offense. Further, if there are posted signs warning about the offense, your fine will be doubled.
If you have been cited for any of these passing or lane change violations, it would be wise of you to contact an attorney. Often, these sorts of tickets can be reduced to non-moving infractions, which do not result in a point on your record (or an increase in your car insurance) or even completely dismissed. Contact the Law Offices of Scott R. Ball today for a free and completely confidential evaluation of your case.
If you’ve been cited for one of the many violations dealing with passing or changing lanes, it could end up costing you hundreds of dollars in fines, an increase in your car insurance premiums, and even a suspension of your license. Learn more about the most common passing and lane changing violations:
· VC 21658(a) – Unsafe lane changes. A violation of this section results when you either straddle two lanes or make a lane change without regard for “reasonable safety.” However, just because you signal your lane change does not necessarily make it “reasonably safe.” This is a subjective interpretation by the officer who gives you the ticket. An experienced attorney can challenge this subjectivity and often have this kind of citation dismissed.
· VC 21655.5 through 21655.9 – Traveling in, and crossing into a high occupancy vehicle lane. Also known as the carpool lane, these violations are extremely expensive, with a $100 base fine that comes out to a total fine and fees of over $400. However, these infractions are subject to requirements that certain surveys have been conducted within a specified time period before you received your ticket. If a proper survey has not been conducted in the requisite time period, your ticket should be dismissed.
· VC 21750 & VC 21751 – Dangerous passing. This section requires that you “interfered with the safe operation” of any vehicle or bicycle while in the act of passing. Unless you have caused a near accident, this is a violation that is relatively easy to fight due to the extremely subjective nature of the wording of the law.
· VC 21752 – Unsafe “blind” passing. Similar to the previous section, this infraction prohibits unsafe passing when there is an obstacle (such as a hill or curve) where another vehicle might approach. It does not matter if another vehicle was approaching or not.
· VC 21754 & VC 21755 – Passing on the right. You are generally prohibited from passing on the right side of a vehicle unless you are on a divided highway or the passed vehicle is making a left hand turn. There are, however, exceptions to this rule, such as where the street is wide enough to accommodate two lanes of traffic.
· VC 22526 – Entering an obstructed intersection. Also known as the “Anti-Gridlock Act,” this infraction results when you enter an intersection and there is not sufficient space to get completely through the intersection before the light turns red. Even if you entered the intersection when your light was green, if you get stuck blocking traffic, you can be cited for this offense. Further, if there are posted signs warning about the offense, your fine will be doubled.
If you have been cited for any of these passing or lane change violations, it would be wise of you to contact an attorney. Often, these sorts of tickets can be reduced to non-moving infractions, which do not result in a point on your record (or an increase in your car insurance) or even completely dismissed. Contact the Law Offices of Scott R. Ball today for a free and completely confidential evaluation of your case.
5/7/09
Know Your Rights! How to Fight a Traffic Ticket
You see the dreaded red lights flashing in your rear view mirror. The police officer approaches your car, and before you can get a single word out he simply says “license and registration.” You sign next to the X, and a few weeks later, you get a notice in the mail saying you need to show up at a courthouse or pay a fine of several hundred dollars.
Let’s say that you feel the ticket was unfair. The cop says he caught you on radar going 85, but you know for a fact that you had the cruise control set at 75. He clearly meant to pull over that other silver Nissan Maxima and got you instead. Or maybe you’ve already done traffic school, and your insurance rates are going to take a major hike if you take another point on your record. You need to challenge this ticket. What do you do?
Pay attention to the copy of the ticket given to you at the time you are pulled over. Sometimes it will have a date to appear, sometimes it won’t. The court will send you a notice in the mail about when you need to appear in court to challenge the ticket. However, if that notice gets lost in the mail, you are out of luck if you fail to appear. The court (unfairly) assumes that if the notice is mailed, you have received it. A failure to appear will result in a civil assessment (penalty) of $300 in addition to the underlying fine for the traffic infraction.
Your initial appearance is called the arraignment. At this time, the court will explain your rights to you and ask for a plea of guilty or not guilty. It will vary by the county, but if you have not done traffic school in the past year, you will generally be allowed to plead guilty and pay the fine plus an additional assessment (usually $40-$70) to attend traffic school. This will keep a point off your record. Traffic school is generally an eight hour course and costs another $40-$80.
If you are ineligible for traffic school or just want to contest an undeserved ticket, you can plead not guilty at your arraignment and set your case for trial. However, if you represent yourself at this stage, you must post bail, which will be for the amount of your fine. If you are represented by an attorney, you will not need to post bail, and it will not even be necessary for you to ever go to court.
When you plead not guilty you will set your case for trial, usually 4 to 6 weeks in the future. The trial will usually be in the same courtroom, and will consist of you and the officer who gave you the ticket telling the judge your story, similar to the format you’ve seen on “The People’s Court.” You have the right to present evidence such as photos, and to have witnesses testify in your defense. The officer who gave you the ticket, since he writes hundreds (or thousands) of tickets, will probably testify based upon his notes. The judge will decide if, based on the evidence testimony presented, it has been proved beyond a reasonable doubt if you committed the infraction.
If you are found guilty, the bail you previously posted will be forfeited, and a point (or two, if it is a more serious infraction such as reckless driving) will go on your record. If you are found not guilty, your bail will be returned by the court, usually via check within 4 to 6 weeks.
There are many ways to win at trial! The easiest way is if the officer simply does not show up. This is fairly common. Sometimes the officer won’t recall any details of the ticket, and will admit this, and the ticket and fine will be dismissed. Even if the officer does show up and remembers giving you the ticket, it still must be proved beyond a reasonable doubt that you committed every element of the violation alleged. If radar was used to cite you for speeding, there are technical rules that must be followed to allow the use of radar. If the citation was at night or in heavy traffic, the officer must demonstrate beyond a reasonable doubt that yours was the car that committed the violation. This can often be very difficult! You have a right to cross examine the officer and challenge his powers of observation. In short, it is VERY possible to win at trial!
Of course, the best way to fight and beat your traffic ticket is to retain an experienced attorney. By having an attorney on your side, you will not need to miss at least two days of work, you will not need to post bail of several hundred dollars, and you can be sure you are not hit with any failure to appear fines. Further, an attorney who has handled many cases exactly like yours will know just how to attack any traffic infraction, and will create the reasonable doubt that will make it impossible for you to be found guilty.
If you don’t want to pay increasingly expensive fines, not miss work, keep points off your record, and avoid car insurance increases, you should retain an attorney to fight your traffic ticket today. Contact the Law Offices of Scott R. Ball today for your free and completely confidential evaluation of your case.
Let’s say that you feel the ticket was unfair. The cop says he caught you on radar going 85, but you know for a fact that you had the cruise control set at 75. He clearly meant to pull over that other silver Nissan Maxima and got you instead. Or maybe you’ve already done traffic school, and your insurance rates are going to take a major hike if you take another point on your record. You need to challenge this ticket. What do you do?
Pay attention to the copy of the ticket given to you at the time you are pulled over. Sometimes it will have a date to appear, sometimes it won’t. The court will send you a notice in the mail about when you need to appear in court to challenge the ticket. However, if that notice gets lost in the mail, you are out of luck if you fail to appear. The court (unfairly) assumes that if the notice is mailed, you have received it. A failure to appear will result in a civil assessment (penalty) of $300 in addition to the underlying fine for the traffic infraction.
Your initial appearance is called the arraignment. At this time, the court will explain your rights to you and ask for a plea of guilty or not guilty. It will vary by the county, but if you have not done traffic school in the past year, you will generally be allowed to plead guilty and pay the fine plus an additional assessment (usually $40-$70) to attend traffic school. This will keep a point off your record. Traffic school is generally an eight hour course and costs another $40-$80.
If you are ineligible for traffic school or just want to contest an undeserved ticket, you can plead not guilty at your arraignment and set your case for trial. However, if you represent yourself at this stage, you must post bail, which will be for the amount of your fine. If you are represented by an attorney, you will not need to post bail, and it will not even be necessary for you to ever go to court.
When you plead not guilty you will set your case for trial, usually 4 to 6 weeks in the future. The trial will usually be in the same courtroom, and will consist of you and the officer who gave you the ticket telling the judge your story, similar to the format you’ve seen on “The People’s Court.” You have the right to present evidence such as photos, and to have witnesses testify in your defense. The officer who gave you the ticket, since he writes hundreds (or thousands) of tickets, will probably testify based upon his notes. The judge will decide if, based on the evidence testimony presented, it has been proved beyond a reasonable doubt if you committed the infraction.
If you are found guilty, the bail you previously posted will be forfeited, and a point (or two, if it is a more serious infraction such as reckless driving) will go on your record. If you are found not guilty, your bail will be returned by the court, usually via check within 4 to 6 weeks.
There are many ways to win at trial! The easiest way is if the officer simply does not show up. This is fairly common. Sometimes the officer won’t recall any details of the ticket, and will admit this, and the ticket and fine will be dismissed. Even if the officer does show up and remembers giving you the ticket, it still must be proved beyond a reasonable doubt that you committed every element of the violation alleged. If radar was used to cite you for speeding, there are technical rules that must be followed to allow the use of radar. If the citation was at night or in heavy traffic, the officer must demonstrate beyond a reasonable doubt that yours was the car that committed the violation. This can often be very difficult! You have a right to cross examine the officer and challenge his powers of observation. In short, it is VERY possible to win at trial!
Of course, the best way to fight and beat your traffic ticket is to retain an experienced attorney. By having an attorney on your side, you will not need to miss at least two days of work, you will not need to post bail of several hundred dollars, and you can be sure you are not hit with any failure to appear fines. Further, an attorney who has handled many cases exactly like yours will know just how to attack any traffic infraction, and will create the reasonable doubt that will make it impossible for you to be found guilty.
If you don’t want to pay increasingly expensive fines, not miss work, keep points off your record, and avoid car insurance increases, you should retain an attorney to fight your traffic ticket today. Contact the Law Offices of Scott R. Ball today for your free and completely confidential evaluation of your case.
5/2/09
California Penal Code 851.8 Petition for Factual Innocence
Many people do not realize that if you are arrested, even if the charges are dropped or never filed, the arrest will remain on your record. If you go to trial and receive a not guilty verdict, or have the conviction successfully expunged, the arrest will stay on your record as well. Unfortunately, even if it is clear you did not commit any crime, a background check will still reveal your arrest. In an abysmal economy, this kind of black mark on your record can make an already difficult job search even more so.
However, there is a way to have your arrest record completely destroyed. The California Penal Code provides that any person whose arrest did not result in a conviction may petition for a finding of factual innocence (PFI) under Section 851.8. This is a process by which a petitioner may prove to the court that he or she is actually innocent. A successful PFI can provide something that a jury cannot: an acquittal at trial merely means the person is not guilty beyond a reasonable doubt, but does not prove that the person is in fact innocent. A PFI does exactly that.
The result of a granted PFI is that all arrest and prosecution records are sealed, and then destroyed. In effect, this will completely wipe your record of that arrest clean. The law states that “the arrest will be deemed to have not occurred and the person may answer accordingly any question relating to its occurrence.” This can be of enormous importance when filling out job applications.
When filing for a PFI, time is of the essence. The law requires that you file your petition within two years of your arrest or the filing of charges against you, whichever is later, unless good cause is shown. Good cause can be shown in various ways, such as if the case drags unnecessarily slow through the court system.
If you have been arrested for a crime you did not commit and were never convicted and you meet the timing requirements, you are eligible to file a PFI. The broad protection afforded by a successful PFI can be invaluable to preserve your record. If you are interested having your arrest record destroyed, you should contact criminal defense attorney Scott R. Ball today.
However, there is a way to have your arrest record completely destroyed. The California Penal Code provides that any person whose arrest did not result in a conviction may petition for a finding of factual innocence (PFI) under Section 851.8. This is a process by which a petitioner may prove to the court that he or she is actually innocent. A successful PFI can provide something that a jury cannot: an acquittal at trial merely means the person is not guilty beyond a reasonable doubt, but does not prove that the person is in fact innocent. A PFI does exactly that.
The result of a granted PFI is that all arrest and prosecution records are sealed, and then destroyed. In effect, this will completely wipe your record of that arrest clean. The law states that “the arrest will be deemed to have not occurred and the person may answer accordingly any question relating to its occurrence.” This can be of enormous importance when filling out job applications.
When filing for a PFI, time is of the essence. The law requires that you file your petition within two years of your arrest or the filing of charges against you, whichever is later, unless good cause is shown. Good cause can be shown in various ways, such as if the case drags unnecessarily slow through the court system.
If you have been arrested for a crime you did not commit and were never convicted and you meet the timing requirements, you are eligible to file a PFI. The broad protection afforded by a successful PFI can be invaluable to preserve your record. If you are interested having your arrest record destroyed, you should contact criminal defense attorney Scott R. Ball today.
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