California Vehicle Code sections 22406 - Maximum Speed for Designated Vehicles
- and 22356 - Increase of Freeway Speed Limit to 70 Miles Per Hour are
two violations with which I've had great success.
Almost all of these have been either dismissed at Trial or reversed
on Appeal. See our home page for information on 22406 and 22356.
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.