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Sherman Ellison

California Moving Violation

Have you just received a speeding ticket in Barstow? Frustrating, isn' it - this Barstow speeding ticket? tWould you like some excellent help taking care of it? See our victory list for information on Barstow speeding ticket resolutions. .

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 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.

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.

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.

Like all my Legal Strategies, I use the Law and the Constitution to successfully represent my clients.