California Vehicle Code sections 21453 - automated photo red
light
- and 22350 - Basic Speed Law are two violations with which I've
had great success. Most, almost all, of these have been either
dismissed at Trial or reversed on Appeal. See our home page for
information on 21453 and 22350.
NEGLIGENT OPERATOR Proceedings -- Vehicle
Code
section 12810
--
Can cause
[a] your
driving privilege
to
be
suspended or restricted and/or[b] for the DMV to place you on Probation, which
would mean that any traffic ticket
or accident after being placed on probation could be a basis of suspending or
restricting your driving privilege.
If you have either [a] 4-points in a 12-month period, [b] 6-points in a 24-month period or [c] 8-points in a 36
month period on your DMV record, the DMV will deem you a "Negligent Operator". YOU ARE ENTITLED TO HEARING to
contest that determination.
There are many ways to contest and win these proceedings, including getting 1 or more of your previous convictions
set aside.
MATURE, ELDERLY or INFIRM DRIVERS are subject to "Re-Examination" to determine if you can safely operate a motor
vehicle pursuant to Vehicle Code sections 12804.8, 12804.9, 12805, 12806 and 12809. Your vision, medical
condition(s), knowledge of the driving law and ability to safely operate a motor vehicle can be tested by the DMV.
There are many things that you can do to be able to keep your driving privilege. I have represented clients in
numerous proceedings and, on behalf of my clients, have prevailed in and won every hearing with the DMV. I work
with your doctor(s), if necessary, with driver's training programs and assist you to keep [or get back] your
driving privilege.
Traffic School -
Vehicle Code section 41501 authorizes the court to give you "traffic school". You can attend the traffic school
class by either going "in-person", "home study" or "via the internet".
If you have not gone to a traffic school program within the past 18 months, you can attend an 8-hour traffic
school. Your ticket will be dismissed. This dismissal is confidential. There will be NO point on your DMV
record. Your automobile insurance company will not be able to raise your insurace rates based on that ticket.
If you have gone to a traffic school program within the past 18 months, the court can still authorize a 12-hour
[second offender] traffic school. The importance of this 12-hour program is that there will be NO "point" for
that ticket on your DMV record. But, on the other hand, the fact that you have gone to a 12-hour traffic school
would be part of your "public" DMV record and your insurance company could become aware of it.
NOTE: The court can not refuse to give you "traffic school" solely for the reason that you have exercised your
right to go to trial. Some judges erroneously tell people that, if the person exercises his/her right to a trial,
the court will not let them go to traffic school. This is contrary to law. If that happens, please let me know.
The Automated Photo Red Light Systems
Vehicle Code section 21453, pursuant to Vehicle Code section 21455.5.
Based upon a computer-controlled photograph taken of the vehicle and its driver, these laws permit the city/county
to issue citations to the registered owner of a vehicle which crosses the first limit line after the light has
turned red.
I have won every one of these automated photo red light tickets in which a client has engaged my legal services.
I am not affiliated with this company, but there is a very informative website that you should check out. It is
www.highwayrobbery.net.
Like all my Legal Strategies, I use the Law and the Constitution to successfully
represent my clients.