If you have been cited for a moving violation such as speeding, running a red light, failing to stop at a stop sign, failure to yield right of way to a pedestrian, etc., contact our office for a free consultation to discuss your case. You have many defenses available to you. Our office will discuss these defenses with you and present the best defense possible in court.
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The following is a brief explanation of the traffic infraction process.
Traffic Infractions
Infractions are the least severe criminal matter. Infractions involve violations of most moving violations and some registration violations. You cannot be jailed as a consequence of being convicted of an infraction. You are entitled to a trial, but not a jury trial. For most infractions, the most you will have to pay as a fine is $100, plus a penalty assessment. Some serious infractions carry a higher base fine, i.e. driving over 100 mph.
To Fight or Not to Fight
The decision to fight a ticket is a personal decision. Many drivers simply pay the fine rather than spend half a day in court waiting to contest their ticket. Others feel strongly about their innocence and insist on a trial.
One thing to remember is that a traffic infraction is a criminal matter. Therefore, you are entitled to the presumption of innocence. This means that the government, the police offer, has to prove your guilt beyond a reasonable doubt. While this may sound simple, it is not. An officer has to prove each and every element of an offense beyond a reasonable doubt. If the government fails to prove even one element in the offense, the judge has to find you not guilty.
Why You Should Fight
A conviction not only means that you have to pay a fine, plus a penalty assessment (a tax on the base fine), but conviction of certain "moving violations" will result in point(s) assessed against your record. Exceeding certain number of points in a given time will result in your driving privilege being suspended or revoked.
Points are assessed by the Department of Motor Vehicles for violation of Vehicle Code sections and other city or county ordinances involving the safe operation of a motor vehicle. Any violations as a pedestrian or a bicyclist will have no points assessed against your driving record. A negligent operator is determined as follows:
Class C License:
- 4 or more points in 12 months,
- 6 in 24 months, or
- 8 in 36 months.
- A minor, under 18 years of age, may receive a 30-day restriction for 2 points in 12 months, or be suspended for 3 points in 12 months (12814.6 VC).
Traffic Infraction Process:
Citation. The process through the court system starts with you getting cited by a police officer and issued a Notice to Appear. You must sign the Notice to Appear. By signing the notice, you are not admitting that you violated the law. The notice simply means that you promise to appear on your ticket. If you refuse to sign the ticket, the law requires that the officer place you under arrest and take you immediately before a judge. If you fail to appear at court, you will be charged with an additional crime of "failure to appear."
Arraignment. This is the initial stage in your court case. At the arraignment, you will be notified of the charges against you. You can plead "guilty", "not guilty" or "no contest". If you plead not guilty, you will be asked to post a bail (equal to the base fine, plus penalty assessment). Typically, you will be given 7 days to post the bail. Once bail is posted, you will be given a trial date. You can also ask that you be released "on your own recognizance". This is also called an "O.R. Release".
Trial. You can choose to do a trial by declaration or have a court trial. If you choose a trial by declaration, and lose, you can ask for a re-trial. If you choose a court trial, your case will be heard by a judge, commissioner or a temporary judge. If the officer does not show up at the trial, your case will be dismissed. If you post bail and do not appear for your own trial, your bail will be forfeited, you will be found guilty, and your bail will be applied to the fine. If you were released "O.R." and you do not appear at your trial, the judge will issue a bench warrant for your arrest.
At the trial, the government has the burden to prove that you violated the law beyond a reasonable doubt. For this reason, the officer will get to present his or her case first. Once the officer is done with the case, you will have a chance to question or cross-examine the officer. Then, you can choose to present a defense or not. At the completion of the trial, the judge will issue a verdict.
If you are convicted for a "moving violation", you are entitled to attend traffic school if you have not attend 18 months prior to your current conviction. If you have, then the judge has the discretion to allow you to attend a longer (12-hour) traffic school. Prior to trial, if you qualify, you have the right to attend traffic school if you plead guilty or no contest. If you choose to go trial and are found guilty, you may still ask the judge to allow you to attend traffic school. However, the judge has the discretion to deny you the traffic school request.
Appeal. If you disagree with the judge's decision, you may appeal his or her decision. You will have 30 days from the verdict to file a Notice of Appeal. Filing an appeal is a very technical and lengthy process. You should consult an attorney before you file an appeal.