Seeking The Best Resolution For A Traffic Violation In California
In this article you can discover:
- How to reach the optimal outcome of a traffic violation: dismissal.
- Information about non-point violations and the attorney’s role in defending against these tickets.
- The benefits of contesting tickets.
What Is The Optimal Outcome Of A Traffic Violation?
The best outcome for a traffic violation is unquestionably a dismissal. When a dismissal is granted, it means your driving record remains unblemished, with no points added. Furthermore, you won’t be required to pay any fines, and you won’t need to attend traffic school to have points removed from your record.
What Constitutes A Dismissal?
A dismissal occurs when a judge chooses to close your case. This can happen at different points in the legal process: during the arraignment, at the trial, if the officer involved is absent, or if the court ultimately finds you not guilty. In the case of a dismissal, you are exempt from accumulating points on your driving record, you don’t have to pay fines, and you are not required to attend traffic school since there are no points to remove from your record.
What Is A Non-Point Violation? Is It Possible For My Traffic Defense Attorney To Reduce My Charge To A Non-Point Violation?
In California, there are specific non-point traffic violations, and getting convicted for these violations doesn’t add points to your driving record or cause your insurance premiums to go up. A skilled traffic defense attorney has the ability to negotiate on your behalf, working to secure a resolution that aligns with the legal practices in your county. This may include reducing your charge to a non-point violation.
Do Law Enforcement Officers Attend Court Hearings For Traffic Citations In California?
In California, the law enforcement officer who issued the citation is required to be in court for your trial, having been officially summoned. If the officer fails to appear, or if they inform the court that they have an inadequate recollection of the events or are unable to substantiate their case, the court is likely to dismiss the charges against you.
If This Is My First Traffic Ticket, Can I Expect Leniency From The Judge?
It’s a common misconception that the court will automatically show leniency to individuals who receive their first traffic citation. Arguments based on the idea of it being a first-time offense, such as expressing a willingness to plead guilty while emphasizing the novelty of the situation, do not guarantee leniency.
Success in challenging a traffic citation depends largely on your thorough understanding of the relevant facts and applicable laws. While the court does have some discretion in imposing fines and may be lenient in that regard, your ability to present a compelling and well-informed case is crucial.
What Constitutes Reckless Driving In California?
Reckless driving in the state of California is classified as a misdemeanor traffic offense. It is characterized by operating a vehicle with a blatant disregard for the safety of others or their property. Despite the somewhat nebulous nature of this definition, if your actions demonstrate a conscious awareness of substantial risk to others or their property, and you choose to disregard these risks, you may find yourself facing charges of reckless driving.
Is It Advisable To Contest Every Traffic Ticket Received In California?
It is in the best interest of anyone facing a traffic offense in California to challenge their citation. Successfully contesting a traffic citation can yield numerous benefits, including the avoidance of fines, preventing points from being added to your driving record, preserving your eligibility for traffic school in the future, averting potential increases in auto insurance rates, and safeguarding any employment that requires a clean driving record.
What Are The Potential Consequences Under California State Law For A Conviction Of Reckless Driving?
In California, reckless driving is considered a misdemeanor. The potential consequences for a reckless driving conviction are significant and include a maximum jail term of 90 days (or an alternative to jail), a fine of up to $1,000 (not including penalty assessments, which can significantly increase the total fine), and the addition of two points to your driving record.
How Can An Attorney Help Fight A Reckless Driving Charge?
Hiring an attorney to contest a reckless driving charge is crucial. Your attorney can thoroughly review the government’s case, potentially showing that you were not the one operating the vehicle or that you did not intentionally disregard the risks associated with your actions, making your conduct negligent rather than reckless.
Moreover, your lawyer can argue that your driving did not endanger others or their property, or that the circumstances justified your driving behavior due to necessity, duress, or other valid legal defenses.
For more information on The Best Outcome For A Traffic Violation In CA, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 728-9982 today.