Common Traffic Tickets in CA Explained: Failure to Yield

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.

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.

Common Traffic Tickets in CA Explained: Impeding Traffic

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 impeding traffic, 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 impeding traffic violations:

• VC 21654 – Driving too slowly in the left lane. This section of the Vehicle Code makes it illegal to drive in any lane except for the far right lane if you are traveling at “less than the normal speed of traffic.” If you are driving in the left lane you must drive with the speed of traffic – sometimes even if the speed of traffic is above the posted limit. However, there are several defenses to violations of this infraction which are particularly effective, such as showing that you were about to make a left turn or you were in the process of passing another vehicle. With a skilled attorney on your side, tickets for this sort of infraction can often be dismissed.

• VC 22400(a) – Impeding traffic. You must drive at a reasonable speed so as not to block the normal flow of traffic, regardless of which lane you are in. This is a subjective call by the officer giving you the ticket. It is possible to argue, however, that your speed was reasonable given the road conditions or the safe operation of your particular vehicle. There are many conditions, such as visibility and weather, which an experienced attorney can use to argue that you were in fact driving at a speed necessary for the safe operation of your vehicle.

• VC 21656 – Failure to use turnouts. This section requires that you were driving at a slower rate than the normal flow of traffic on a two lane highway (one in each direction), there were at least five vehicles behind you, and you failed to pull over in a marked turnout area. Unlike the previous section, it is no defense to this violation that you were traveling at speed necessary for the safe operation of your vehicle; if you failed to pull over at a turnout when you could have, you are guilty. However, it is possible to fight and win against this sort of violation with an experienced attorney at your side.

• VC 21703 – Tailgating. You may not follow too closely to another vehicle given your speed, the flow of traffic, and road conditions. This is a subjective call by the citing officer. A general rule of thumb is one car length (about 15 feet) for every 10 mph of speed. However, the determination will be what is “reasonable and prudent” – which may depend on the mood of the officer. This subjective interpretation by the officer can be often successfully be challenged in court.


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.

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.

Penal Code 594 Vandalism Explained

Elements of the Crime

In order to be convicted of California Penal Code Section 594, vandalism, the prosecution must prove beyond a reasonable doubt that the accused person:

1) maliciously
2) defaced, destroyed, or damaged
3) the property of another.

To act “maliciously” means that the person acted with the intent to cause the damage or defacement. Doing an act which accidentally causes damage, like bumping into a precariously perched vase at a department store and knocking it over, is not vandalism. However, acts will not be considered accidents if, as your mom would say, “you should have known better.” Claiming that you were aiming for a bird when you throw a rock through an office window will not be considered an accident, even if you really were… because you should have known better.

To “deface” property, a person merely needs to make any sort of unauthorized writing, marking, figure, or scratch. It does not need to be permanent. This includes graffiti, scratching initials on a wooden table, writing in a bathroom stall, and technically could even include having a pickle race by throwing them on a glass window (although prosecution in that case is unlikely). Further, property does not have to be destroyed, or even permanently damaged. Even using marker on a glass window, which can be easily washed, can be considered vandalism.

The property of another includes public property or property of which you are the joint owner. This means if you share a home, come home drunk one night, and rip the door off the hinges, you can be found guilty of vandalism. Further, property includes not just personal property but things such as land, buildings, and landscaping like flowers, bushes, and trees.

Punishment

Vandalism can be charged in several different ways, mainly based on the amount of the damage.

Infraction

If you have defaced (but not damaged or destroyed) property of another, the damage is less than $250, and you have not previously been convicted for a vandalism crime, you may be charged with an infraction. You may be fined up to a maximum of $1,000 and will probably be required to do some community service. The court may also order the defendant (and/or his or her parents) to keep specified property in the community free of graffiti for up to 180 days.

Misdemeanor

If you are convicted of maliciously defacing, damaging, or destroying less than $400 of property of another, you can be convicted of misdemeanor vandalism. A sentence for misdemeanor vandalism generally consists of up to three years informal probation, up to one year of county jail, up to $1,000 fine, a one year suspension of your driver’s license (or a delay of one year if you have not received it), counseling and/or community service, and personally cleaning, repairing, replacing, or cleaning the damaged property or keeping specified property in the community free of graffiti for up to a year.

Felony

When the damages to the vandalized property are $400 or more, the prosecutor has the option of charging the crime as either a felony or misdemeanor. Consideration will be given to the circumstances of the crime and your personal criminal history to make this determination.

In addition, even if the damage to the property is less than $400, you may be charged with a felony under certain circumstances, such as if you vandalize a church or use caustic chemicals. If the vandalism can be categorized as a hate crime, it will automatically be charged as a felony.

A felony conviction will subject a person to the terms described above, as well as a state prison sentence of 16 months, two, or three years, a fine of up to $10,000, and formal probation.

If you have been charged with vandalism, contact the Law Office of Scott R. Ball today for a free and confidential evaluation of your case.

Proposition 19 - The Regulate, Control, and Tax Cannabis Act of 2010

On November 2nd, California voters will have the opportunity to pass a law which largely decriminalizes simple use and possession of marijuana in California. The legislation would have the effect of allowing a person over the age of 21 to legally possess and use up to one ounce of marijuana, and to grow in an area up to 25 square feet.

The proposed legislation also has important financial effects for California. A modest $50 tax per ounce of marijuana sold could raise an estimated $1.4 billion in revenue for the state. State and local governments will save tens of millions more annually due to the reduction of individuals incarcerated, on probation, or on parole. Further, because an estimated 60,000 arrests are made in the state every year for crimes which would no longer be considered criminal activity with the passage of Prop 19, law enforcement would be freed up to focus on fighting actual crimes.

It is important to note the legislation will not change many important marijuana related laws. Selling marijuana, unless by a licensed provider, will still be a serious crime punishable by a state prison sentence. In addition, laws regarding driving under the influence of marijuana remain unchanged, and employers may still test and question employees about marijuana use that affects job performance. Prop 19 will also create several new crimes dealing with providing marijuana to minors.

The net effect of Prop 19 is to allow the controlled use of marijuana in an effort to tax its use, free up law enforcement resources, and cut off the illegal trade from drug cartels. Prop 19 will require a simple majority to pass and currently, most polls show a slight majority in favor of the initiative. However, the proposition faces strong opposition and the passage of Prop 19 is by no means a sure thing.

If you support this important piece of legislation, be sure to register to vote. The deadline to register for the November 2010 election is October 18. You may do so here.

If you have any additional questions regarding Prop 19, the use of marijuana, or any other legal issue, contact the Law Office of Scott R. Ball today.

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.

Driving Under the Influence of Drugs

Most people don’t realize that driving under the influence of drugs, even completely legal, over the counter drugs, can result in arrest and conviction of driving under the influence. The key element that must be proved to be convicted of a DUI is that the driver suffers a physical or mental impairment such that he or she cannot drive with the same caution that would be exhibited by a sober person. This means it is possible to be convicted for driving under the influence of cocaine, marijuana, cold medicine, or even coffee!

A common mistake many people believe is that they cannot be convicted of a DUI for being under the influence of a drug prescribed by a doctor. A prescription is no defense, and the cost of that mistake can have severe consequences.

Unlike driving under the influence of alcohol cases, there is no numerical limit like “.08%” when determining impairment for drugs. This can lead to trouble: a police officer’s judgment and field sobriety tests may be the key evidence against a person in a DUI drugs case. If a person is only slightly stoned but has, shall we say, a unique personality, it may lead the officer to believe he or she is far more impaired then they actually are.

Another difference between drugs and alcohol DUIs is the manner in which you may be chemically tested. If you are arrested for a DUI alcohol, you MUST submit to either a breath or blood test. If you are arrested for a DUI drugs, you MUST submit to either a blood or urine test. Remember, however, that you NEVER have to submit to any test before you are arrested.

If you are pulled over for suspicion of driving under the influence of drugs, it is important to remain calm and act as normal as possible. Do not admit that you have taken any legal or illegal drug, even if you have a prescription. Anything you say can and will be used against you! If you have not had any alcohol, consent to a breath test.

But perhaps the best advice you can get? Don’t drive if you are unable to do safely! However, if you have been arrested and charged with driving under the influence of drugs, you should contact criminal defense attorney Scott R. Ball today. A consultation is always free and completely confidential.

Know Your Rights: Breathalyzers and DUIs

When a person is pulled over for suspicion of drunken driving in California, the officer will often just say “blow in this” and thrust a breathalyzer into his or her mouth. However, it is of the utmost importance for you to be aware: you do not have to submit to such pre-arrest tests!

The California Vehicle Code actually requires that an officer advise a motorist suspected of drunk driving that such a pre-arrest test can be refused. In reality, however, this is extremely rare. Breathalyzers and field sobriety tests like walking a line or touching your finger to your nose are designed to be used as investigative tools for an officer to determine if a person is under the influence of alcohol. However, if you have not been placed under arrest, they are COMPLETELY OPTIONAL.

Once you have been placed under arrest, you MUST submit to a chemical test, but you have the choice of either a breath or blood test. A refusal to submit to a test after being placed under arrest will result in an automatic one year suspension of your license in addition to the DUI charges.

If you have been drinking and are pulled over, there are several ways to use this knowledge to your advantage:

-If you believe you may be close to the legal limit but think you can handle yourself fine, you should agree to perform the field sobriety tests and refuse the breathalyzer. Politely tell the officer that you are concerned about the accuracy of hand held breathalyzers and agree to walk the line, etc. to demonstrate your sobriety. If you can show that you are in control of your motor functions, they might let you simply drive away.

-If you believe you may be close to the legal limit but are nervous or concerned about performing the field sobriety tests, simply refuse all pre-arrest tests. Politely tell the officer that you do not wish to take any pre-arrest sobriety tests because your attorney has advised you that they are extremely inaccurate. You will probably be placed under arrest at this point. You should now insist on a blood test. It will take some time to get to a station where a blood test can be performed. If you are close to the legal limit, by the time you get to the station your BAC may have declined to under .08%.

-If you know for a fact that your BAC is well over the legal limit, politely decline any and all pre-arrest tests. Speak as little as possible, and do not admit any alcohol consumption. Any thing you say or do indicating that you are intoxicated WILL be used against you in court. If you are arrested, insist on a blood test. Again, the time it will take to get you to a station can be an opportunity for your BAC to decline. A BAC over certain limits will result in harsher penalties, and a BAC close to the legal limit may be more easily challenged.

Remember, you pre-arrest tests are optional and post-arrest tests are not. If an officer tries to force you to take a test, simply ask him if you have been placed under arrest. Always be polite and respectful. If the officer asks you why you are refusing a test or requesting a different test, simply tell him you are doing what your lawyer advised you.

For more information on how to fight and prevent DUI arrests and convictions, contact Scott R. Ball today. A confidential evaluation of your case is always free.

The Difference Between "Guilty" and "No Contest" Explained

When a person no longer wishes to fight a criminal charge against him or her, he or she has the option of pleading “guilty” or “no contest.” While these may sound quite different, they are actually very similar, albeit with one major difference.

To accept a guilty plea, the court must find a factual basis for guilt. This generally means the judge must be convinced that the defendant admitting guilt, is in fact guilty. A guilty plea is telling the court, “I have committed the criminal acts with which I am charged.”

A no contest plea, also known as a “nolo contendere” plea, has one important difference from a guilty plea. Entering a plea of no contest is effectively telling the court, “I am not admitting I did the criminal act with which I am charged, but I do not wish to challenge these charges.” This is an important difference because a no contest plea allows the defendant to dispose of the criminal proceedings without admitting guilt which may be used against him or her in a later civil trial.

A good example of where a no contest plea would be useful arises when a defendant is accused of running a red light and getting into an accident. The defendant may be facing the criminal charge of a ticket for running the light as well as a civil suit by the owner of the vehicle he hit. Wishing to simply pay the fine for traffic ticket and take traffic school, the defendant here should enter a plea of no contest. That way, he can dispose of the criminal charges without admitting that he did indeed run the red light and open himself up to liability in the much more expensive civil suit.

If you are facing dual criminal and civil charges, it may be wise of you to enter a plea of no contest. Contact criminal defense attorney Scott R. Ball today to discuss your case and find out your options. As always, any consultation is free and completely confidential.

Stopped by Police? Know Your 4th Amendment Rights!

One of the most important protections guaranteed by the United States Constitution is the Fourth Amendment right to be free from unreasonable searches and seizures. However, if one is not aware of such rights, the protections it offers will often not be realized. This is often the case when a motorist is pulled over by a police officer and questioned.

The most important thing to remember is that you NEVER have to give permission to an officer to search anything. Police officers will often “ask” if you mind if they take a look at something in such a way that implies they will do it anyway, and receiving your permission is just a formality. If you say “yes,” then you have just surrendered one of your most important rights! Even if you don’t believe they will find anything illegal, you never know what your buddy might have left in the backseat the night before. Don’t ever let an officer search your person, vehicle or anything else by giving them permission!

For a law enforcement official to search any of your property, they must have significant justification to do so. This can be provided by a search warrant. If an officer does have a search warrant, ask to inspect it before allowing the officer to search anything. A search can also be conducted when an officer has probable cause to believe that such a search will find evidence of illegal activity. This standard is slightly relaxed, however, for a search of your vehicle. In that situation, the officer must only show a “reasonable suspicion.”

If a search of your property has turned up evidence of illegal activity, the officer must show specific evidence that gave rise to show probable cause or reasonable suspicion. An experienced attorney can challenge these findings as failing to give rise to such justification. A successful Fourth Amendment challenge will result in the evidence being thrown out, and probably the case as well!

However, if you have given permission to the officer to perform the search, no such justification is necessary. Therefore, remember to NEVER give permission to an officer to perform any search.

If you have been stopped by law enforcement and you believe you may have been searched illegally, you should contact criminal defense attorney Scott R. Ball today. An evaluation of your case is completely confidential and always free.

P.C. 647(f) “Drunk in Public” Arrests Explained

Also known as a “drunk and disorderly,” California Penal Code Section 647(f) makes it a misdemeanor crime for a person to be under the influence of alcohol or drugs in a public place and to be in such a condition that either:

1) the person’s intoxication makes him or her “unable to exercise care for his or her own safety or the safety others” or

2) due to his or her level of intoxication, the person “interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.”

A conviction for a drunk in public carries with it up to six months of jail time, fines, and probation. Repeat offenders with two prior convictions may face up to a year in jail.

To be convicted of this crime, the prosecution must prove several elements beyond a reasonable doubt. First, the person must be in a public place. Courts have defined a public place as the “area outside a home in which a stranger is able to walk without challenge.” This definition has been expanded somewhat by case law to include a car parked in a public street, the hallway in an apartment building, and the area in front of a house, including the driveway and front porch.

Next, it must be shown that person was in one of the two conditions stated above. An example of person who is unable to care for his or her own safety or the safety of others would be a person who is falling down drunk, unable to walk, with the potential of wandering into traffic. Merely being intoxicated, if you are in control of your facilities, is not enough for a conviction under this standard.

The second way a person may be convicted of this crime is if he or she interferes or obstructs a street, sidewalk, or public way. This can be shown when a person is lying on a street or sidewalk, or otherwise incapacitated in some way. Again, mere intoxication is not enough for a conviction. If you were lying on the ground asleep, but wake up as soon as you are approached by the officer and remove yourself as an obstruction, you should not be found guilty!

In reality, drunk in public violations are often charged, but with the help of a skilled attorney, should rarely result in convictions. Simply put, you must be pretty darn wasted to be found guilty. Even in that case, however, due to the minor nature of the offense it is often possible to enroll in a diversion program in which you may complete an alternative sentence, such as community service or Alcoholics Anonymous classes, and then have the charges dismissed completely. For most people, the most important consideration is the desire to keep a conviction off his or her record. With a charge of P.C. 647(f), that should be possible.

If you have been charged with a drunk in public violation due to a night out of drinking that got just a bit too wild, you should contact an attorney today. Even though this is a minor charge, it is important to make sure you do not end up with an ugly black mark on your record. Contact the Law Offices of Scott R. Ball today for a completely free and always confidential evaluation of your case

What it Means to “Expunge” a Criminal Record

If you have been convicted of a crime, the stigma associated with the conviction is something that can haunt you for the rest of your life. Having to check “yes” on a job application when asked if you have ever been convicted of a crime is often enough to cost you the job, especially in these tough economic times. However, if you were convicted of a misdemeanor and have stayed out of trouble since then, it is actually relatively easy to have that record “expunged.”

It is important to understand what an expungement entails. Most important, after a motion for expungement under CA Penal Code 1203.4 is granted, you may legally check “no” when asked by private employers if you have ever been convicted of a crime. When a criminal conviction is expunged, the law no longer considers you as having been convicted of the offense.

However, it is also important to realize what an expungement does not do. It does not relieve you of your duty to disclose the conviction when you are applying with government employers or government licensing applications. In that situation you may state “Yes – conviction dismissed.” In California, government employers and licensing agencies (except for police agencies and concessionaire licensing boards), will treat you the same as if you had never been convicted of the crime.

In addition, an expungement does not erase the conviction for several other purposes. An expunged criminal conviction can still be used to increase your punishment in future criminal cases. If your conviction prevented you from owning a gun, possessing a driver’s license, or holding a public office, an expungement will not re-instate those privileges.

If you have successfully completed all terms of your probation, paid all of your fines and fees ordered by the court, and have stayed out of trouble (traffic tickets are OK), then it is relatively easy to have a misdemeanor conviction expunged from your record. While there are no guarantees, if all of the above are true in your case, there is an excellent chance your motion for expungement will be granted.

Expunging a criminal record can have a substantial therapeutic effect on a person. For many people, a single youthful transgression can mar an otherwise outstanding record. By expunging your record, that mistake can be forgotten. It’s also great to finally be able to check “no” on that job application!

If you wish to close a forgettable chapter of your life, you should contact the Law Offices of Scott R. Ball today. A discussion and evaluation of your case is completely confidential and free.

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.

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.

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.

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.

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.