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When to Fight Your Ticket

It’s not always wise to just pay your fine for a traffic ticket. But, it can be difficult to determine when to fight your ticket. Far too many people assume that it is not worth fighting a traffic ticket in Kings County or any other court in CA; in fact, 95 percent just pay their fine. Although going through the court system is tough, an incredible number of tickets are tossed with a lawyer's help.

When Should You Fight Your Ticket

Traffic tickets that are considered infractions have a chance of being dismissed if a driver works with a legal team. A red-light ticket, for instance, a violation of CA Vehicle Code (CVC) 21453 (subsections a, b, and c) can be issued for things other than running a light. In the instance of CVC 21453 a, it could be that you stopped with your bumper hanging over the crosswalk even when no pedestrian was present in the crosswalk.

Another example is a simple speeding ticket, CVC 22350, 22349, 22356. You should always fight your ticket when it is for CVC 22350, Speed Laws, which states, “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility…” This is perhaps the easiest speeding ticket of all to fight with the aid of an experienced traffic ticket attorney because it is a judgment call. How fast is too fast for conditions? The burden of proof is the law enforcement officer's (LEO), which is another very good reason to fight your ticket. If the LEO who issued you the ticket does not appear in court, your ticket will be dismissed. In addition, if the LEO has not trained on a radar gun or they are not able to produce recent radar calibration records that might be enough to get the citation dismissed. Other infractions that have high dismissal rates are carpool lane violations, unsafe lane changes, log book or scale violations (overweight trucks) for I-5 truck drivers.

Each of these infractions carries disproportionately large fines compared to what they entail. Red-light fines can exceed $500, and a speeding fine that carries a base fine of $35, after added state and county surcharges, fees, and penalties can easily cost you $200 more. They can also endanger a commercial driver’s license (CDL), drastically increase insurance rates, and command other penalties like having to pay for traffic school.

You should always fight your ticket, whether an Infraction or misdemeanor, in court because those can place a financial burden on a driver’s family and endanger their freedom to drive and make a living. Ask a traffic ticket attorney for a free phone consultation regarding your ticket before you decide to fight your ticket or just pay the fine.

A Day in Hanford Courthouse

When you decide to fight your ticket, or plead not guilty to a traffic ticket at Hanford County Superior Court, it can be confusing, particularly without legal counsel. CA State Rule 4.105, Appearance Without Deposit of Bail, says that you have the right to fight your ticket before posting any kind of deposit or bail. In Hanford Court, however, this rule is regularly dismissed because of certain technicalities. Specifically, when you want a different court date than the arraignment date, which without legal representation, most drivers do not know they could ask for both the arraignment and hearing on the same day so they are not prepared to defend themselves during the arraignment. It is often the case that people must pay a fine (in the form of “bail”) before they can fight it. This is ludicrous if finances are a huge personal issue, and there is a reason for the traffic ticket to be dismissed.

This is could be particularly burdensome for truckers and other commercial motor vehicle (CMV) drivers who received tickets on those I-5 routes. Your few minutes in court to dismiss a ticket could take an entire day, which means time away from work. That is why many truckers and other CMV drivers hire Bigger & Harman so they can go to work and let the best traffic ticket defense team in Central Valley handle their alleged violation.

California generates nearly $500 million a year in traffic tickets and has instituted an online paying system. This system makes it easy to not fight your ticket. However, with the high number of technicalities and the complications of the traffic court system, you should consult an attorney prior to deciding to fight your ticket.

Hire a Local Kings County Lawyer

One of the methods to avoid these complications is by working with a lawyer who understands the subtleties of traffic court and how traffic violations are established, assessed, and challenged. A layperson on their own has little chance to convince the court that a ticket should not have been issued. Fighting a ticket alone can take massive amounts of time and result in added costs.

Even for the smallest infractions, fighting a ticket in Kings County Superior Court is a battle. Experienced lawyers can review your case, provide solid reasons why a ticket should be dismissed, and preserve your valued driving privileges.

Mark Bigger and Paul Harman make up the legal team of Bigger & Harman, APC, they are ticket defenders and represent clients in Central Valley traffic courts in Kings, Tulare, Kern, Fresno, Mono, Inyo, as well as some counties in Southern California (SoCal), such as San Luis Obispo, San Bernardino, Los Angeles, and Riverside counties in SoCal courts. Those traffic courts are in Hanford, Porterville, Lamont, Shafter, Bishop, Bridgeport, SLO, Barstow, Bakersfield, and many other major cities in Central Valley and SoCal.

Call Bigger & Harman, 661-349-9300, or email: attorney@markbigger.com when you need legal advice or counsel or would like a traffic ticket attorney to represent you in court. For a completely confidential and convenient appointment, you can use the website contact form.

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