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. This kind of subjectivity can be brought into question in court, and an experienced attorney can often create the reasonable doubt necessary for a finding of not guilty. 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 $450 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 by a skilled attorney.
• 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 common traffic infractions, 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. If you would like a free and completely confidential evaluation of your case, contact the Law Office of Scott R. Ball today.
Showing posts with label DMV. Show all posts
Showing posts with label DMV. Show all posts
3/11/11
Underage Drinking and Driving - VC 23136 & VC 23140
You probably know that if you are over the age of 21, it is illegal to drive with a blood alcohol level over .08%. You may even be aware of your right to refuse to take the road side breathalyzer test (referred to as a preliminary alcohol screening, or PAS test) if you have not been placed under arrest. (Remember, if you are placed under arrest, you MUST submit to a chemical test, either of your blood or breath.)
But it’s a whole different ball game if you are under 21.
For starters, those who may not legally drink in California also do not have the right to refuse the PAS test. The Vehicle Code specifically provides that any person under the age of 21 who has been legally stopped has given consent to any chemical or screening test to determine BAC. If a person refuses to take the test, his or her license will automatically be suspended for a minimum of year – even if the person is stone cold sober. If the driver does not yet have a license, then it will result in a one year delay in receiving driving privileges.
California exercises a zero tolerance law for underage drivers behind the wheel. Registering a .01% BAC will result in a violation of V.C. 23136. Upon a finding an underage driver has violated the zero tolerance standard, by way of a DMV hearing or a conviction in court, the DMV will automatically impose a one year license suspension.
In addition to the zero tolerance law, an underage driver with a BAC higher than .05% may also be charged with a criminal offense under V.C. 23140. This charge is only used with an underage driver with a BAC between .05% and .07%, because if the driver has a BAC of .08% or higher, he or she would generally be charged with a regular DUI, just like an adult. This is a criminal charge, but it is only an infraction. This means you cannot receive any jail sentence. Any conviction for VC 23140 will result in a one year license suspension, various fines, and will require you to attend a three month alcohol program before your license can be reinstated.
Finally, any person under the age of 21 can still be charged with a DUI under V.C. 23152 just like an adult. Further, the zero tolerance violation will be added to the DUI charge, resulting in the same penalties an adult would face (several thousand dollars in fines, probation, potential jail time, mandatory alcohol education program) in addition to the one year license suspension.
Bottom line, it is extremely risky to drink and drive period, and penalties are much steeper for those under 21. If you have been arrested for underage and have been arrested for DUI, you should contact an attorney immediately. You have exactly ten days from your arrest to contact the DMV to challenge your license suspension. Contact criminal defense attorney Scott R. Ball today for a free and confidential evaluation of your case.
But it’s a whole different ball game if you are under 21.
For starters, those who may not legally drink in California also do not have the right to refuse the PAS test. The Vehicle Code specifically provides that any person under the age of 21 who has been legally stopped has given consent to any chemical or screening test to determine BAC. If a person refuses to take the test, his or her license will automatically be suspended for a minimum of year – even if the person is stone cold sober. If the driver does not yet have a license, then it will result in a one year delay in receiving driving privileges.
California exercises a zero tolerance law for underage drivers behind the wheel. Registering a .01% BAC will result in a violation of V.C. 23136. Upon a finding an underage driver has violated the zero tolerance standard, by way of a DMV hearing or a conviction in court, the DMV will automatically impose a one year license suspension.
In addition to the zero tolerance law, an underage driver with a BAC higher than .05% may also be charged with a criminal offense under V.C. 23140. This charge is only used with an underage driver with a BAC between .05% and .07%, because if the driver has a BAC of .08% or higher, he or she would generally be charged with a regular DUI, just like an adult. This is a criminal charge, but it is only an infraction. This means you cannot receive any jail sentence. Any conviction for VC 23140 will result in a one year license suspension, various fines, and will require you to attend a three month alcohol program before your license can be reinstated.
Finally, any person under the age of 21 can still be charged with a DUI under V.C. 23152 just like an adult. Further, the zero tolerance violation will be added to the DUI charge, resulting in the same penalties an adult would face (several thousand dollars in fines, probation, potential jail time, mandatory alcohol education program) in addition to the one year license suspension.
Bottom line, it is extremely risky to drink and drive period, and penalties are much steeper for those under 21. If you have been arrested for underage and have been arrested for DUI, you should contact an attorney immediately. You have exactly ten days from your arrest to contact the DMV to challenge your license suspension. Contact criminal defense attorney Scott R. Ball today for a free and confidential evaluation of your case.
3/7/11
Common Traffic Tickets in CA Explained: Non-DUI Drinking Offenses
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 non-DUI alcohol-related offenses, 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 alcohol-related traffic violations:
• VC 23222(a) – Open container on person of driver. This is the most common of the “minor” alcohol offenses. A violation of this section requires that the driver of a vehicle hold an open container with contains any amount of alcohol. While the law states that the driver must have alcohol on “his or her person” this section is often cited if an officer wishes to ticket a driver when a passenger possesses an alcoholic beverage. If this is the case, you have a very winnable case. If the officer wished to cite someone for having an open alcoholic container, he should have cited the passenger under VC 23226, as discussed below.
• VC 23225(a) – Open container kept in vehicle by driver or owner. This section varies from the violation immediately above because it does not require an open container be on the “person” of the driver. You may be cited for this offense if there is an open alcohol container located almost anywhere in your vehicle besides the trunk. However, it is not necessary to even be driving – you may be cited for this offense if you are the owner of the vehicle and someone else is driving, or if you are parked on the side of the road.
• VC 23220 – Driver drinking in vehicle. The elements to violate this section require that a person driving a vehicle drink an alcoholic beverage. However, to be found guilty on this defense, an officer must actually see you drinking from a can or bottle; an officer merely observing a driver with an alcoholic beverage and smelling alcohol on the driver’s breath is not sufficient to prove a violation of this section. It is common for a citing officer to make this improper conclusion.
• VC 23221(b), 23223(b), & 23226(b). Alcohol violations involving a passenger. Unlike the violations discussed above, these vehicle code infractions involve passengers. For these sorts of violations, it is not necessary to be the driver or owner of the vehicle, and in fact it is often not even necessary to be in a moving vehicle; a person can be cited while a vehicle is parked on a public street. However, these violations are open to the same sort of challenges as discussed above.
If you have been cited for any of these common traffic infractions, 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. If you would like a free and completely confidential evaluation of your case, contact the Law Offices of Scott R. Ball today.
If you’ve been cited for one of the many violations dealing with non-DUI alcohol-related offenses, 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 alcohol-related traffic violations:
• VC 23222(a) – Open container on person of driver. This is the most common of the “minor” alcohol offenses. A violation of this section requires that the driver of a vehicle hold an open container with contains any amount of alcohol. While the law states that the driver must have alcohol on “his or her person” this section is often cited if an officer wishes to ticket a driver when a passenger possesses an alcoholic beverage. If this is the case, you have a very winnable case. If the officer wished to cite someone for having an open alcoholic container, he should have cited the passenger under VC 23226, as discussed below.
• VC 23225(a) – Open container kept in vehicle by driver or owner. This section varies from the violation immediately above because it does not require an open container be on the “person” of the driver. You may be cited for this offense if there is an open alcohol container located almost anywhere in your vehicle besides the trunk. However, it is not necessary to even be driving – you may be cited for this offense if you are the owner of the vehicle and someone else is driving, or if you are parked on the side of the road.
• VC 23220 – Driver drinking in vehicle. The elements to violate this section require that a person driving a vehicle drink an alcoholic beverage. However, to be found guilty on this defense, an officer must actually see you drinking from a can or bottle; an officer merely observing a driver with an alcoholic beverage and smelling alcohol on the driver’s breath is not sufficient to prove a violation of this section. It is common for a citing officer to make this improper conclusion.
• VC 23221(b), 23223(b), & 23226(b). Alcohol violations involving a passenger. Unlike the violations discussed above, these vehicle code infractions involve passengers. For these sorts of violations, it is not necessary to be the driver or owner of the vehicle, and in fact it is often not even necessary to be in a moving vehicle; a person can be cited while a vehicle is parked on a public street. However, these violations are open to the same sort of challenges as discussed above.
If you have been cited for any of these common traffic infractions, 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. If you would like a free and completely confidential evaluation of your case, contact the Law Offices of Scott R. Ball today.
9/15/10
Consequences of a DUI Conviction in Los Angeles County
If you are convicted of driving under the influence in Los Angeles County, a typical first offense without extenuating circumstances will generally have the following consequences:
-Minimum fine of about $1,750. This can be higher based on your prior record and if the arresting agency requires booking fees, which can push it up several hundred dollars.
-Three years of informal probation. Terms of probation include that you violate no law, do not drive with a measurable amount of alcohol in your blood, submit to a chemical test on demand, do not drive without a license or insurance, and disclose your probation status when asked by any law enforcement officer. A violation of your probation can result in additional fines and/or jail time.
-Attend and complete a three month first offender alcohol program, called the AB-541. This class generally consists of weekly meetings of two to three hours in length and costs between $500 - $700.
-Completion of the Mothers Against Drunk Driving Victim Impact Panel class. This is a single two hour class which costs $30 to attend.
-Suspension of your license for six months. However, if your license has already been suspended by the DMV prior to your conviction in the criminal court, the suspension will be retroactive to the date of that suspension. In addition, following the mandatory 30 day hard suspension of your driving privileges by the DMV, you may receive a restricted license once you present proof of financial responsibility and enrollment in the AB-541 program to the DMV.
-Required installation of an ignition interlock device (IID) on your car for five months. An IID is a device into which a driver must provide an alcohol-free breath sample to start his or her vehicle. The device will cost about $150 to install and the maintenance and service for the IID will run about $70/month.
-Increase in insurance premiums by 200% - 500%. Most people don’t realize this hidden cost of a DUI, which can actually be the most expensive penalty of all. However, there are a few tricks that can be utilized to keep this cost to a minimum.
There are many other factors that can increase your total exposure for a DUI conviction. For example:
-If you have any prior convictions for DUI, your penalties will be greatly enhanced, and will most likely result in jail time.
-If you were involved in an accident which resulted in an injury to another, you may be charged with a felony. Even if there is no injury and you are not charged with a felony, you will be required to make restitution to the victim of the accident.
-If it is proved that you refused to submit to a chemical test, your license will be suspended by the DMV for one year and you will likely face jail time.
-If it is proved that you had a blood alcohol level of greater than .20, you will be required to attend a nine month alcohol offender program. This program is similar to the AB-541, but is three times as long and costs around $1,000.
-If you were speeding and driving in a reckless manner, or had a minor in the car at the time of your driving, this can also result in mandatory jail time.
Please keep in mind that these are the consequences for many DUI convictions in Los Angeles County – but there are many circumstances which can increase or decrease your total exposure, and penalties can vary greatly county to county. Further, the law is constantly changing, and fines have increased dramatically in the past few years. For the most current information, contact the Law Office of Scott R. Ball today. Consultations are free and completely confidential.
-Minimum fine of about $1,750. This can be higher based on your prior record and if the arresting agency requires booking fees, which can push it up several hundred dollars.
-Three years of informal probation. Terms of probation include that you violate no law, do not drive with a measurable amount of alcohol in your blood, submit to a chemical test on demand, do not drive without a license or insurance, and disclose your probation status when asked by any law enforcement officer. A violation of your probation can result in additional fines and/or jail time.
-Attend and complete a three month first offender alcohol program, called the AB-541. This class generally consists of weekly meetings of two to three hours in length and costs between $500 - $700.
-Completion of the Mothers Against Drunk Driving Victim Impact Panel class. This is a single two hour class which costs $30 to attend.
-Suspension of your license for six months. However, if your license has already been suspended by the DMV prior to your conviction in the criminal court, the suspension will be retroactive to the date of that suspension. In addition, following the mandatory 30 day hard suspension of your driving privileges by the DMV, you may receive a restricted license once you present proof of financial responsibility and enrollment in the AB-541 program to the DMV.
-Required installation of an ignition interlock device (IID) on your car for five months. An IID is a device into which a driver must provide an alcohol-free breath sample to start his or her vehicle. The device will cost about $150 to install and the maintenance and service for the IID will run about $70/month.
-Increase in insurance premiums by 200% - 500%. Most people don’t realize this hidden cost of a DUI, which can actually be the most expensive penalty of all. However, there are a few tricks that can be utilized to keep this cost to a minimum.
There are many other factors that can increase your total exposure for a DUI conviction. For example:
-If you have any prior convictions for DUI, your penalties will be greatly enhanced, and will most likely result in jail time.
-If you were involved in an accident which resulted in an injury to another, you may be charged with a felony. Even if there is no injury and you are not charged with a felony, you will be required to make restitution to the victim of the accident.
-If it is proved that you refused to submit to a chemical test, your license will be suspended by the DMV for one year and you will likely face jail time.
-If it is proved that you had a blood alcohol level of greater than .20, you will be required to attend a nine month alcohol offender program. This program is similar to the AB-541, but is three times as long and costs around $1,000.
-If you were speeding and driving in a reckless manner, or had a minor in the car at the time of your driving, this can also result in mandatory jail time.
Please keep in mind that these are the consequences for many DUI convictions in Los Angeles County – but there are many circumstances which can increase or decrease your total exposure, and penalties can vary greatly county to county. Further, the law is constantly changing, and fines have increased dramatically in the past few years. For the most current information, contact the Law Office of Scott R. Ball today. Consultations are free and completely confidential.
1/19/10
Effects of Traffic School in California
If you are convicted of a traffic offense, usually you are given the opportunity to attend traffic school. If you cannot fight the ticket and get it dismissed entirely, it is often a good idea to choose the traffic school option, although it will add about $100-$150 more to the total cost you will pay, in the form of court fees and the actual cost of the school. Successfully completing the eight hour traffic school will completely mask the ticket from your record. This means you do not receive a “point” from the DMV and your insurance company will never know you received a moving violation, meaning there will be no effect on your insurance.
Points are added to your record by the DMV to determine negligent drivers. One point is generally accumulated for most moving violations, such as speeding or running a stop light, or for at-fault accidents. Two points are assigned for more serious violations, such as DUI or hit and run. A driver may have his or her license suspended if they receive four points in one year, six points in two years, or eight points in three years.
You may only attend the eight hour traffic school once every 18 months. If you receive a second traffic ticket in that 18 month period, some courts may allow you to take the second offender traffic school, commonly referred to as the 12 hour class. The effects of taking this class are different from the initial traffic school class. Instead of completely masking your public record, the 12 hour class merely changes your record to reflect that the ticket was dismissed via traffic school. This will keep the point off your record for DMV purposes, but will still be visible to your insurance company. Legally, your current insurance company may not raise your rates because of that ticket. However, in actual practice, it is not difficult for a company to do just that by justifying a raise in any number of other ways. Further, any future policy you purchase with that same company or any other insurance company may justifiably have a higher premium due to the conviction.
While it is not uncommon for judges to offer the 12 hour class, it is completely within their discretion. Some judges regularly offer the option while others do not. Some will offer the option only if you do not request a trial. Traffic court is very informal and varies a great deal from one court to the next. Whether to request traffic school, or even whether to plead guilty, will vary greatly depending on each individual’s situation, including his or her previous record, the nature of the offense, and the tendencies of the presiding judge.
If you have been cited for a traffic ticket, it is often a good idea to contact an attorney to discuss your options. Contact the Law Offices of Scott R. Ball for a free and confidential evaluation of your case.
Points are added to your record by the DMV to determine negligent drivers. One point is generally accumulated for most moving violations, such as speeding or running a stop light, or for at-fault accidents. Two points are assigned for more serious violations, such as DUI or hit and run. A driver may have his or her license suspended if they receive four points in one year, six points in two years, or eight points in three years.
You may only attend the eight hour traffic school once every 18 months. If you receive a second traffic ticket in that 18 month period, some courts may allow you to take the second offender traffic school, commonly referred to as the 12 hour class. The effects of taking this class are different from the initial traffic school class. Instead of completely masking your public record, the 12 hour class merely changes your record to reflect that the ticket was dismissed via traffic school. This will keep the point off your record for DMV purposes, but will still be visible to your insurance company. Legally, your current insurance company may not raise your rates because of that ticket. However, in actual practice, it is not difficult for a company to do just that by justifying a raise in any number of other ways. Further, any future policy you purchase with that same company or any other insurance company may justifiably have a higher premium due to the conviction.
While it is not uncommon for judges to offer the 12 hour class, it is completely within their discretion. Some judges regularly offer the option while others do not. Some will offer the option only if you do not request a trial. Traffic court is very informal and varies a great deal from one court to the next. Whether to request traffic school, or even whether to plead guilty, will vary greatly depending on each individual’s situation, including his or her previous record, the nature of the offense, and the tendencies of the presiding judge.
If you have been cited for a traffic ticket, it is often a good idea to contact an attorney to discuss your options. Contact the Law Offices of Scott R. Ball for a free and confidential evaluation of your case.
8/26/09
Defending a Charge of Driving Under the Influence: Challenging a Breath Test
If you have been arrested for driving under the influence and a breath test was used to determine your blood alcohol content (BAC), it is important to be aware of possible defenses to the use of such a test to prove you guilty of a DUI. Possible defenses include, but are not limited to, the following:
1) Inadequate or broken observation period. In order to properly read your BAC by a breath test, the testing officer must observe you continuously for at least 15 minutes before taking a sample. If you belch, vomit, or regurgitate gas in your mouth before the test, your BAC may read inaccurately high. If the officer has not observed you continuously for 15 minutes prior to measuring your BAC, it will be impossible for him to say that you did contaminate your own breath test.
2) Something in your mouth causes an inaccurate reading. Common items such as cough drops, breath mints, or chewing tobacco may remain in your mouth when a breath test is administered and can contaminate the results.
3) Your own personal medical history. If diagnosed prior to your arrest for DUI, many conditions, such as gastric reflux disease, intestinal problems, diabetes, and respiratory problems, can be used to show the likelihood of an inaccurate BAC reading from a breath test.
4) Your own personal dental history. Gum disease, gingivitis, and pockets around the roots of your teeth, as well as dentures or bridgework may trap alcohol in your mouth and contaminate a breath sample.
5) Your behavior or actions do not match test results. If there are witnesses, video tape, or observations by officers that suggests you were not intoxicated, it may be possible to challenge the readings from a breath test.
6) Rising blood alcohol level. If your first breath sample registers slightly over the legal limit, and a second sample taken later is higher, it is clear your BAC is rising. If this is the case it may be possible to argue that, at the time you were driving, your BAC was not over the legal limit.
7) Inexperience or incompetence of the arresting or testing officer. If the officer who arrested you or took your breath sample is not trained in the proper procedure or fails to follow protocol it may be possible to have the results of the improperly administered breath test thrown out.
8) Accuracy of the breath test machine. An artificially high reading can result from interference with the circuitry of a machine due to radio interference, shared power sources, or smoking in or near the machine.
9) Irregular samples. Consecutive BAC readings that vary a great deal can be used to challenge the accuracy of breath samples.
10) Statutory time limit. The prosecution must prove that the breath sample was obtained within three hours of the time you were driving in order to invoke the presumption that you were intoxicated at the time you were driving.
These are just a few of the many defenses that may be available to you if you have been charged with a DUI on the basis of a breath test. Of course, countless more defenses are available depending on the circumstances of your case. Contact the Law Offices of Scott R. Ball today to discuss your case and determine what defenses may be available for you. As always, a consultation regarding your case is completely free and totally confidential.
1) Inadequate or broken observation period. In order to properly read your BAC by a breath test, the testing officer must observe you continuously for at least 15 minutes before taking a sample. If you belch, vomit, or regurgitate gas in your mouth before the test, your BAC may read inaccurately high. If the officer has not observed you continuously for 15 minutes prior to measuring your BAC, it will be impossible for him to say that you did contaminate your own breath test.
2) Something in your mouth causes an inaccurate reading. Common items such as cough drops, breath mints, or chewing tobacco may remain in your mouth when a breath test is administered and can contaminate the results.
3) Your own personal medical history. If diagnosed prior to your arrest for DUI, many conditions, such as gastric reflux disease, intestinal problems, diabetes, and respiratory problems, can be used to show the likelihood of an inaccurate BAC reading from a breath test.
4) Your own personal dental history. Gum disease, gingivitis, and pockets around the roots of your teeth, as well as dentures or bridgework may trap alcohol in your mouth and contaminate a breath sample.
5) Your behavior or actions do not match test results. If there are witnesses, video tape, or observations by officers that suggests you were not intoxicated, it may be possible to challenge the readings from a breath test.
6) Rising blood alcohol level. If your first breath sample registers slightly over the legal limit, and a second sample taken later is higher, it is clear your BAC is rising. If this is the case it may be possible to argue that, at the time you were driving, your BAC was not over the legal limit.
7) Inexperience or incompetence of the arresting or testing officer. If the officer who arrested you or took your breath sample is not trained in the proper procedure or fails to follow protocol it may be possible to have the results of the improperly administered breath test thrown out.
8) Accuracy of the breath test machine. An artificially high reading can result from interference with the circuitry of a machine due to radio interference, shared power sources, or smoking in or near the machine.
9) Irregular samples. Consecutive BAC readings that vary a great deal can be used to challenge the accuracy of breath samples.
10) Statutory time limit. The prosecution must prove that the breath sample was obtained within three hours of the time you were driving in order to invoke the presumption that you were intoxicated at the time you were driving.
These are just a few of the many defenses that may be available to you if you have been charged with a DUI on the basis of a breath test. Of course, countless more defenses are available depending on the circumstances of your case. Contact the Law Offices of Scott R. Ball today to discuss your case and determine what defenses may be available for you. As always, a consultation regarding your case is completely free and totally confidential.
8/24/09
VC 23103 Reckless Driving: The What, How, and Why
Reckless driving, defined at Section 23103, is one of the most vaguely worded statutes in the California Vehicle Code. It states that “[a]ny person who drives any vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.” A person found guilty for a first offense of reckless driving can face fines of several thousand dollars, a jail sentence of up to 90 days, their car impounded for up to 30 days, and have their license suspended for a month. A second or third violation of reckless driving, or if someone was injured as a result of a person’s reckless driving, can result in a mandatory license suspension for a year and up to 6 months in jail. A reckless driving is also considered a “discretionary arrest” misdemeanor, meaning the citing officer can merely give you a ticket or arrest you and take you to jail.
A charge of reckless driving is a misdemeanor offense, which, if convicted, will result in a criminal record and two points on your driving record. Generally, two points in any eighteen month period will result in a rise in your car insurance rates. If you have previous points on your record, it could also result in an even longer suspension of your license.
However, if you have been charged with reckless driving, with a skilled attorney, it is very possible to fight and win your case. The vague nature of the phrase “willful and wanton disregard for safety” leaves a great deal of room for a skilled attorney to argue your case either does not merit a misdemeanor charge or should be dismissed entirely. California courts have held that negligence, and even gross negligence, is not enough alone to establish reckless driving. This means that the prosecution must prove beyond a reasonable doubt that the driver intentionally did something he knew, or should have known, could result in killing or injuring someone.
Generally, a rule of thumb by police officers is that three moving violations, committed in rapid succession by a driver, constitute reckless driving. However, the courts have not adopted this rule, and follow the statutory definition of “willful and wanton disregard for safety.” This means that it is possible to be cited for reckless driving for committing a single “unsafe” maneuver, as defined by the officer, such as cutting sharply across traffic to make an abrupt turn.
If you have been charged with reckless driving, you should contact a criminal defense attorney today. A skilled attorney may be able to have unfair reckless driving charges completely dismissed, keeping you out of jail and saving your license. Further, it is often possible to have the misdemeanor charge reduced to a mere traffic infraction, which will result in greatly reduced fines and, when combined with traffic school, no points on your record. Contact the Law Offices of Scott R. Ball today for a free and confidential evaluation of your case.
A charge of reckless driving is a misdemeanor offense, which, if convicted, will result in a criminal record and two points on your driving record. Generally, two points in any eighteen month period will result in a rise in your car insurance rates. If you have previous points on your record, it could also result in an even longer suspension of your license.
However, if you have been charged with reckless driving, with a skilled attorney, it is very possible to fight and win your case. The vague nature of the phrase “willful and wanton disregard for safety” leaves a great deal of room for a skilled attorney to argue your case either does not merit a misdemeanor charge or should be dismissed entirely. California courts have held that negligence, and even gross negligence, is not enough alone to establish reckless driving. This means that the prosecution must prove beyond a reasonable doubt that the driver intentionally did something he knew, or should have known, could result in killing or injuring someone.
Generally, a rule of thumb by police officers is that three moving violations, committed in rapid succession by a driver, constitute reckless driving. However, the courts have not adopted this rule, and follow the statutory definition of “willful and wanton disregard for safety.” This means that it is possible to be cited for reckless driving for committing a single “unsafe” maneuver, as defined by the officer, such as cutting sharply across traffic to make an abrupt turn.
If you have been charged with reckless driving, you should contact a criminal defense attorney today. A skilled attorney may be able to have unfair reckless driving charges completely dismissed, keeping you out of jail and saving your license. Further, it is often possible to have the misdemeanor charge reduced to a mere traffic infraction, which will result in greatly reduced fines and, when combined with traffic school, no points on your record. Contact the Law Offices of Scott R. Ball today for a free and confidential evaluation of your case.
8/14/09
The Many Ways the DMV Can Suspend Your License
Everyone knows that being arrested for driving under the influence of alcohol can result in the loss of your license, but did you know that there are literally dozens of other ways your license can be suspended? Be aware, here are some ways you can have your license taken away that you may not have realized:
Driving under the influence of ANY drug. The law does not distinguish between illegal and over the counter drugs. This means that if your driving is impaired, you may be arrested for a DUI just as readily from being drowsy from too much NyQuil as being high on cocaine.
Lack of insurance. If you drive in California, you must have a minimum amount of insurance coverage. If you are visiting or just moved to the state, be sure to check with your out-of-state insurance company to confirm they are authorized to do business here.
Refusing to consent to a BAC test. Under California’s implied consent law, by driving a motor vehicle you are agreeing to consent to a chemical test of your breath or blood to determine blood alcohol content.
Failure to appear or pay a traffic ticket. When you sign at the X on a traffic ticket, you are agreeing to pay the fine or appear in court. Failure to do so, even if you never receive anything in the mail, can result in your license being suspended.
Too many points on your record. Four points in one year, six in two years, or eight in three years can result in your license being suspended by the DMV.
Failure to pay child support. If you have failed to pay child support, your license can be suspended, and you may not know why even after you have been arrested.
Vandalism/Graffiti. California law allows the courts to suspend a person’s license for up to two years upon a conviction of vandalism. If the person does not yet have a license, the court may delay the issuance of a license for up to three years.
Possession of firearms or live ammunition. If a minor is convicted of possessing a concealable weapon or live ammunition, the court may revoke or suspend driving privileges.
Other ways your license may be suspended include:
It is important to be aware of the ways in which your license can be suspended so that you can avoid them. Driving on a suspended license is a criminal offense and can be punished by a $1,000 fine and up to six months in jail. However, if you are charged with or are facing one of the above situations, it is important to have an experienced attorney on your side. Contact the Law Offices of Scott R. Ball today for a free and completely confidential evaluation of your case.
Driving under the influence of ANY drug. The law does not distinguish between illegal and over the counter drugs. This means that if your driving is impaired, you may be arrested for a DUI just as readily from being drowsy from too much NyQuil as being high on cocaine.
Lack of insurance. If you drive in California, you must have a minimum amount of insurance coverage. If you are visiting or just moved to the state, be sure to check with your out-of-state insurance company to confirm they are authorized to do business here.
Refusing to consent to a BAC test. Under California’s implied consent law, by driving a motor vehicle you are agreeing to consent to a chemical test of your breath or blood to determine blood alcohol content.
Failure to appear or pay a traffic ticket. When you sign at the X on a traffic ticket, you are agreeing to pay the fine or appear in court. Failure to do so, even if you never receive anything in the mail, can result in your license being suspended.
Too many points on your record. Four points in one year, six in two years, or eight in three years can result in your license being suspended by the DMV.
Failure to pay child support. If you have failed to pay child support, your license can be suspended, and you may not know why even after you have been arrested.
Vandalism/Graffiti. California law allows the courts to suspend a person’s license for up to two years upon a conviction of vandalism. If the person does not yet have a license, the court may delay the issuance of a license for up to three years.
Possession of firearms or live ammunition. If a minor is convicted of possessing a concealable weapon or live ammunition, the court may revoke or suspend driving privileges.
Other ways your license may be suspended include:
- Engaging in prostitution in a vehicle within 1000 feet of a residence.
- Engaging in a “speed contest” i.e. drag racing against another person or a clock.
- Assaulting a driver, passenger, bicyclist, or pedestrian on a highway. (“Road Rage”)
- Failure to stop at a railway grade crossing.
- Recklessly fleeing a law enforcement officer.
- Leaving the scene of an accident or injury without filing a report.
It is important to be aware of the ways in which your license can be suspended so that you can avoid them. Driving on a suspended license is a criminal offense and can be punished by a $1,000 fine and up to six months in jail. However, if you are charged with or are facing one of the above situations, it is important to have an experienced attorney on your side. Contact the Law Offices of Scott R. Ball today for a free and completely confidential evaluation of your case.
8/11/09
HELP! I Was Arrested for a DUI! What Do I Do Now?
If you have recently been arrested and charged with driving under the influence in California, it is important to realize that time is of the essence. Your first action should probably be to contact a good criminal defense attorney. However, regardless of if and when you decide to contact an attorney, there are several important things of which you should be aware.
When you are arrested for a DUI, there are two separate and independent proceedings that are set in motion, both with the ultimate goal of punishing you. Obviously, there will be criminal charges, which will take place in the Superior Court in the jurisdiction in which you were arrested. However, there will also be a separate proceeding with the Department of Motor Vehicles where a determination will be made if your license is to be suspended.
Immediately after you are arrested the most important thing for you to do, short of obtaining a skilled attorney, is to contact the DMV’s Office of Driver Safety and request a hearing to challenge the suspension of your license. This MUST be done within 10 calendar days, or your license will automatically be suspended. The U.S. Constitution requires “due process” before your driver’s license is taken away. This means the DMV must notify you of a proposed suspension and allow you a chance to challenge the suspension.
At the hearing, you will have the opportunity to show that a suspension (or revocation) is not justified. Even if you are later acquitted by the criminal court, this hearing is the ONLY time you will be able to prevent your license from being automatically suspended.
It is important to note that since the DMV proceeding is independent from the criminal charges, if you are assigned a public defender, he or she will NOT represent you in a hearing to challenge your suspended license. Unless you retain a private attorney, you will be completely on your own trying to save your driving privileges. While it is possible to win a DMV hearing on your own, an attorney familiar with the proceeding will give you the absolute best chance to save your license.
Further, even if you lose your DMV hearing, an experienced attorney can take advantage of the proceeding by using it to obtain a favorable ruling in the later criminal charges, including possibly a dismissal. For example, by tape recording the DMV hearing, a skilled attorney may be able to later impeach a testifying officer and call into question his or her credibility. If you want to learn more about your case, contact the Law Offices of Scott R. Ball today. Any consultation is totally free and always completely confidential.
When you are arrested for a DUI, there are two separate and independent proceedings that are set in motion, both with the ultimate goal of punishing you. Obviously, there will be criminal charges, which will take place in the Superior Court in the jurisdiction in which you were arrested. However, there will also be a separate proceeding with the Department of Motor Vehicles where a determination will be made if your license is to be suspended.
Immediately after you are arrested the most important thing for you to do, short of obtaining a skilled attorney, is to contact the DMV’s Office of Driver Safety and request a hearing to challenge the suspension of your license. This MUST be done within 10 calendar days, or your license will automatically be suspended. The U.S. Constitution requires “due process” before your driver’s license is taken away. This means the DMV must notify you of a proposed suspension and allow you a chance to challenge the suspension.
At the hearing, you will have the opportunity to show that a suspension (or revocation) is not justified. Even if you are later acquitted by the criminal court, this hearing is the ONLY time you will be able to prevent your license from being automatically suspended.
It is important to note that since the DMV proceeding is independent from the criminal charges, if you are assigned a public defender, he or she will NOT represent you in a hearing to challenge your suspended license. Unless you retain a private attorney, you will be completely on your own trying to save your driving privileges. While it is possible to win a DMV hearing on your own, an attorney familiar with the proceeding will give you the absolute best chance to save your license.
Further, even if you lose your DMV hearing, an experienced attorney can take advantage of the proceeding by using it to obtain a favorable ruling in the later criminal charges, including possibly a dismissal. For example, by tape recording the DMV hearing, a skilled attorney may be able to later impeach a testifying officer and call into question his or her credibility. If you want to learn more about your case, contact the Law Offices of Scott R. Ball today. Any consultation is totally free and always completely confidential.
5/24/09
Common Traffic Tickets in CA Explained: Stop Signs, Stoplights, and U-Turns
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.
· 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.
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.
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