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California Traffic Ticket Law Blog

New bill considered for motor vehicle citation fines

Most people in California try hard to be safe when they are driving their vehicles. Certainly avoiding an accident is important to people but so too is avoiding a traffic ticket. Some tickets can end up being very expensive, even for seemingly minor traffic offenses. For people who do not earn much money or maybe are even unemployed, a single ticket can place a huge financial burden on people. 

The California State Senate is actually taking a look at the problems associated with the high cost of moving violations and the impact on people who cannot afford to pay their fines. If a person does not pay a traffic ticket, they may actually end up having their driver's license suspended. Not only does this provide an additional complication for them but it also adds to the financial burden they must endure as there are costs involved with reinstating a suspended license.

Open container laws in California

California residents and people who may live in other states but live in California should understand the state's laws about alcohol in vehicles. Certainly there are clear drunk driving laws that govern the amount of alcohol a driver may have in their system before being arrested for driving under the influence. But, the laws do not stop there. There are also regulations that govern what and where alcohol may be kept or transported in vehicles.

Commonly referred to as open container laws, the California Legislative Information explains that no container of alcohol is allowed to be kept by a driver in any area of the vehicle where a person may ride if it has been opened. This includes even a bottle of wine that may appear full but that has had its seal broken, for example. It includes a bottle of any alcoholic beverage that has some of its contents gone.

Filing for a restricted license

As has been detailed on this blog before, refusing to take a chemical sobriety test or registering a blood alcohol concentration reading of greater than the legal limit for your current situation will likely result in your license being suspended or revoked. Yet like many of those in Encino that we at Mr. Ticket – The Law Offices of Amir Soleimanian and Associates, Inc. have worked with in the past, you still may need to travel to work as well as other places. If your public transportation options are limited, is there a way to regain your driving privileges, even if only on a conditional basis?

California law does allow you to apply for a restricted driver’s license, yet only if you meet certain qualifications. According to the California Department of Motor Vehicles, these include:

  •          This current offense being your first.
  •          Your having completed a chemical test
  •          The results of that test showing a BAC level of 0.08 or more if you were driving a noncommercial vehicle (0.04 if you were operating a commercial vehicle)
  •          You being over the age of 21
  •          You not having had your license revoked for any other reason

3 things to consider when you get a speeding ticket

You were late to work, and you may have gone a little faster than you should have on the roads. You weren't speeding an excessive amount, just 6 mph over the limit. Despite this, when you were pulled over, the officer decided that you deserved a ticket for the act.

You've heard about people getting warnings in the past, but clearly you didn't get that lucky. You know that you could face fines and other problems because of this ticket, so what can you do? Here are a few things you can consider before paying for your ticket.

Undercover operation cites 65 drivers

Getting a trafffic ticket is something that many people in California have experienced during the time that they have been driving. However, it is never something that a person wants to happen. First there is the hassle factor about how long the process may take and concerns can be raised about being late to get somewhere because of it. Additionally, many drivers understandably feel very nervous when they see flashing lights behind them, even if they know they have done nothing wrong.

As distracted driving continues to get more attention these days, it should come as no shock to drivers in California that officers may be more actively looking for people engaged in behaviors that they may identify as being distracted driving. A law that went into effect this year strengthened the approach that law enforcement may take with these types of alleged offenses so that may also encourage more enforcement.

State's ticket amnesty program deadline past

For some people in California, a traffic violation can result in a fine so high that it is not able to be paid. The financial hardship that can result can add insult to injury for people in this situation. In addition, when a driver's license suspension is part of the equation, people can experience severe hardships due to some very minor infractions. Two years ago, the state of California's Governor signed a bill that created a one-time program granting amnesty to some of these people.

The goal of the program was to give drivers a chance to clear their records and have a fresh start. Excluded from the program were drivers with reckless driving, drunk driving or other misdemeanor offenses on record as well as drivers with unpaid parking tickets. Any driver who had active arrest warrants or were required to pay restitution to other parties were also inelligible for participation.

Reviewing the charge of “DUI Causing Injury”

Say you were out and about in Encino, had a couple of drinks with friends, then decided to drive home and ended up striking another vehicle, causing injuries to its occupants. What you have described has happened to many of the clients that we here at Mr. Ticket – Law Offices of Amir Soleimanian and Associates Inc. have worked with in the past. Depending on the exact circumstances of your accident, you could be facing criminal charges. The question then becomes how severe those charges may be, and whether or not they are merited by the law.

Section 23153 of the California Vehicle Code states that it is unlawful for you to operate a vehicle while under the influence of alcohol or drugs and concurrently doing any other act forbidden by law that results in injuries to another. If you are involved in such an accident, you could potentially face a charge of DUI Causing Injury, which could result in a prison sentence for up to 10 years, followed by a five-year revocation of your license.

Hit-and-run accidents: what type of charges am I facing?

Hit-and-run accidents are on the rise in California. If you leave the scene of a car accident, you could end facing criminal charges. Even if you did not cause the accident, state law prohibits drivers from leaving the scene. According to CBSLA.com, drivers who leave the scenes of car accidents can be criminally charged up to six years after the date of the events.

There are many reasons why your accident occurred. You may have been drinking or distracted. No matter the cause, the severity of the charges you face depend on if there are injuries, death and property damage. To better understand what is at stake, you should learn more about hit-and-run charges and their penalties.

DUI charges are for more than drunk drivers

When you injured your back a few days ago, your doctor prescribed muscle relaxers. You are supposed to take two per day for the next ten days. Right on schedule, you took your second dose a couple of hours ago, but now you forgot to eat. In-N-Out Burger is just up the road, it will be a quick trip to go grab a burger and come home. Besides, you do not feel drowsy or incapacitated in any way. You were on your way home with your burger when a police officer pulled you over.

Charges for driving under the influence (DUI) are not limited to drunk drivers. A law enforcement officer can issue a DUI if he or she suspects a driver is under the influence of any kind of mind-altering substance. This includes drugs such as cocaine, LSD, marijuana and even legally obtained prescription drugs. If you have been charged with a DUI, you can fight the charges. A defense attorney in the Encino area can help you stand up against a DUI charge.

How accurate are breathalyzer tests?

Almost everyone in Encino (whether they do or do not drink) recognizes the number .08 as being the threshold for one’s blood alcohol content in order for him or her to be considered legally drunk. That knowledge has no doubt come from the various advertisements released through popular media showing law enforcement officers performing roadside breath tests. Yet have you ever wondered exactly how accurate breathalyzer devices truly are?

Law enforcement officials may have you believe that they are failsafe, and that any reading above .08 is ironclad proof that you are too intoxicated to drive an automobile. That is the reason why such a measurement virtually guarantees that you will be arrested for DUI after registering that reading at a checkpoint or after having been pulled over. There is a reason, however, that a confirmatory blood test is later taken to prove your BAC. The question is how big is the discrepancy between those results and a breathalyzer reading?

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