The most common types of traffic offense cases our firm handles for commercial drivers (truckers) are “not using the two right-most lanes on a highway,” and speeding.
For non-commercial drivers, the main ones are speeding, carpool violations, crossing over double yellow, and cellphone use. If you have two cell phone violations, it is now a point on your DMV record. So cell phone violations have become more serious because they can affect insurance rates. And if a person accumulates too many points their license can be suspended by the DMV. We handle all types of driving offenses and even DMV hearings when a person gets too many points. By contacting us as soon as you get the Notice from DMV, we can schedule a special hearing at the DMV to preserve your privilege to drive and keep your license.
When Does A Traffic Violation Become A Misdemeanor Or Other More Serious Offense In California?
Under the California Vehicle Code, as infraction versus a misdemeanor is usually delineated by the degree to which public safety is affected. Most traffic violations are charged as infractions. However, if the driver is driving well above 100 miles per hour, it can be charged as reckless driving with an enhancement for whatever speed they’re going. The misdemeanor can technically can be charged anytime someone is driving over 100 miles per hour. Typically, if a person’s at 100-105 mph, it’s just going to be a regular infraction speeding ticket, but the punishment can include a fine of nearly $1000.00 and a 20-30 day license suspension. My firm handles a significant number of cases for people who are driving more than 125 miles per hour, which are frequently charged as misdemeanors.
Also, if a person is driving more than double the speed limit regardless of what that speed limit is, if it’s a 15 mph residential street and the person’s going over 30 mph, for example, they can be charged with misdemeanor reckless driving, but it depends on the threat to the public safety.
Do I Really Need An Attorney For A Traffic Ticket In California?
Our firm highly recommends you have an attorney for your traffic ticket. The dismissal rate when the person hires an attorney, a non-point violation, or a reduced alternative charge is more than double that of what it would be if you went by yourself. A traffic violation attorney knows the ins-and-outs of how the traffic court works, scheduling, and the rules about when a trial must be held. Additionally, we develop relationships with the different courthouses, court staff, and police officers. Sometimes we can get a client a better deal simply for being known to those persons. We use every possible advantage to get the best results for our clients.
If the case does have to go forward to a trial with the presentation of evidence, the judge will hold an unrepresented defendant to the same legal standard as they do for attorneys, and the formal rules of evidence apply. This can be very tricky for the typical non-lawyer. Lawyers are specially trained and go to school for that and this is what we do on a daily basis, so we are good at it. Just because a person owns a pair of scissors doesn’t mean they can or should cut their own hair. People go to hairstylists for haircuts. They might own a pair of plies, but that doesn’t mean you should be your own dentist either. So why would a person step into a court of law acting as their own lawyer? The smart choice is to get a good lawyer who handles your type of case and handles them in the courthouse you are assigned to.
For more information on Traffic Violations in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling Don at (626) 600-3437 today.
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