The three most common traffic violations in California are speeding, running a red light, and following a vehicle too closely or tailgating. In any of these cases, a traffic ticket lawyer is a necessary resource to prevent you from getting a conviction with a significant fine, Negligent Operator Treatment System (NOTS) points, or a suspended license. A conviction for a moving violation will lead to the DMV assessing NOTS points, which will, in turn, lead to higher insurance rates. In this short article, we will provide crucial information about these moving violations and how to get a skilled traffic attorney to help you through the legal process.
#1 Traffic Violation – Speeding
Speeding is the most common of all traffic violations in California. Several traffic codes cover speeding, but CA Vehicle Code (CVC) 22350, Speed Laws is the most basic. This section of code indicates, “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.”
Speeding tickets issued for exceeding what a law enforcement officer (LEO) considered “prudent” speed are some of the easiest tickets to challenge in court. In many cases, an LEO guesses that you were going too fast for conditions without the aid of Radar, Lidar, or pacing the vehicle for a known distance to determine speed.
A skilled traffic lawyer can raise “reasonable doubt” if the officer does not have much experience. Some exceptions or technicalities may be apparent to a traffic attorney. Always consult with a traffic law professional when issued a ticket.
It's easy to become distracted or not give full attention to your speed. Many drivers don’t pay much attention to signs along the route they drive to and from work every day. However, a traffic safety survey conducted by local authorities and approved by Caltrans could lead to a new posted speed limit. Likewise, construction or other reasons could lead to a temporarily reduced speed limit.
It's imperative to watch for changes in posted speed limits. School zones, pedestrian crosswalks, construction sites, and residential areas are subject to sudden changes in the posted speed limit. Speeding tickets in construction and school zones with posted signs, and when children and workers are present can mean enhanced or “double” fines.
#2 Traffic Violation – Red Lights
CVC 21453, Offenses Relating to Traffic Devices is the traffic code that defines running a red light, which is the second most commonly issued ticket in CA. The fine, if convicted, of running a red light is nearly $500 with state and county added surcharges, and it will cost $50 to $100 more to attend Traffic Violators School (TVS) to mask the ticket from your insurance company. To avoid a ticket for this, drivers should make a conscious effort to slow down when approaching a yellow light or intersection controlled by a traffic device.
Many believe they can speed up to get through the light before it turns red. This is not only a flawed manner of thinking, in CA and many other states, but it is also illegal. If you've been ticketed and believe you received the ticket in error or the yellow light was too quick, you should contact a traffic ticket attorney to help you fight the ticket and avoid repercussions.
#3 Traffic Violation – Tailgating
CVC 21703, Additional Driving Rules describes tailgating as following another vehicle too close to be prudent or reasonable. It's a dangerous activity because by following too closely you don't allow enough time for an emergency stop. This can result in rear-ending the car ahead of you. To avoid it, you can ensure you've left two car lengths between you and the person ahead of you. It's one of the primary traffic violations that can cause a collision, so it's crucial to keep your distance from other vehicles while driving.
Traffic violations are common in California. The three listed above are the most common. By using common sense and driving etiquette, you can avoid most. However, if you are ticketed consult with Bigger and Harman, APC today.
Central Valley Traffic Ticket Lawyers in Delano
When ticketed or accused of a traffic violation, many drivers do not know a ticket lawyer, and might ask a family member, friend, or even Google, “Where can I find a traffic ticket attorney near me in Delano, CA?” or another location. Others know to consult Nolo or Avvo for an attorney, while most millennial drivers will read the reviews on Yelp. These are all good avenues to find a lawyer; however, the main ingredient many do not know to ask is, “Where can I find a full-time traffic ticket attorney?”
There is a world of difference between a full-time traffic law professional and a lawyer that will accept any client. Traffic Court, unlike any other trial venue, is very fast-paced. If you have been ticketed for speeding, running a red light, or tailgating, consult with Paul Harman or Mark Bigger at (661) 349-9300. Se habla Español 661.349.9755.
Consider this comment on Avvo, by Karen, “My daughter was ticketed (radar) on I5 allegedly going 101 mph, she was facing a $900 fine and 2 points on her license. Paul was able to get her case dismissed entirely. As the CFO of a large law firm myself my advice to anyone in a similar situation would be to hire a good local lawyer who is familiar with the local court system, you won't regret it! Paul was responsive and kept us informed every step of the way…” Even lawyers from other areas of law know you need a full-time traffic ticket attorney.
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CVC 22350, Speed Laws
CVC 21453, Offenses Relating to Traffic Devices
CVC 21703, Additional Driving Rules
The 2018CA Driver Handbook .pdf
The 2018 California Superior Court Bail Schedule for Infractions and Misdemeanors.pdf