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Why Defending Your Driving Record is the Right Thing to Do

undefinedWhen you keep your driving record clean, it provides peace of mind and keeps your insurance premium from going up. Defending your driving record when you receive a traffic ticket is crucial.

Obey the Law & Drive Safely

The best method to keep a clean driver’s record is to drive safely and not get a ticket. Yes, it’s tempting to speed when you’re late, but speeding usually does not get you there any faster. Especially in CA, did you ever notice many of those cars that passed you are sitting at the traffic light or traffic jam when you get there? 

However, when you’re careful, drive the speed limit, obey the laws, and still get a traffic ticket, hire a traffic attorney to help in defending your driving record. Most traffic attorneys use a flat fee to defend your ticket. They’ll tell how much the possible fine is and how much your insurance will rise if convicted so that you can make an informed decision.   

Shouldn’t I Just Accept Traffic Violator’s School (TVS) to Get My Ticket Forgiven?

If that were how it works, that might be the right choice. Unfortunately, when you take TVS your traffic ticket is NOT forgiven. You must first plead guilty to whatever the law enforcement officer (LEO) said you did on the ticket. 

That lets them off the hook, so they do not have to prove you did whatever they said you did. Plus, not all traffic tickets are eligible to get masked or kept confidential through TVS. 

To use TVS to keep a traffic ticket from your insurance company so that they do not raise your rates after one violation, you must plead guilty, pay the fine, and the county fee for the privilege of attending (usually $64), pay the tuition, and then, complete the course with a DMV-approved provider so that the DMV gets your certificate of completion before the court-ordered date, or it was a wasted effort.

Plus, you must have a CA driver’s license; it couldn’t have been a major infraction (speeding over 100 mph), a misdemeanor, or a felony; you can’t have been driving a commercial motor vehicle (CMV); you must not have used it within the last 18 months (from conviction date to conviction date); you cannot use it for drug or alcohol-related tickets.

Plus, if you have multiple tickets pending, it might not do any good to attend TVS. Always consult an attorney.

Also, using it for a first-time cell phone or “proof of correction” or equipment ticket will not benefit you financially because your insurance company does not raise your rates for these violations yet. After 1 July 2021, a paid second cell phone fine or conviction will trigger a DMV assessment of one NOTS point for a cell phone ticket conviction. Consult a traffic attorney. 

Defending Your Driver’s Record with a Traffic Attorney Is the Right Thing to Do 

You might wonder if it’s the right thing to do; why don’t more drivers with tickets challenge them in court. Before you decide, sit in a traffic court session. Most of those found guilty by the judge did not have legal representation.

People think that if they just go to court and explain what happened, the judge will let them go. It doesn’t work like that way. The biggest problem with explaining to the judge exactly what happened is that you admit guilt. The key to getting a judge to say not guilty is to raise a “reasonable doubt.”

You heard it time and time again on TV when the judge advises the jury. “The burden of proof is on the state. If the state does not present enough evidence to prove guilt beyond a reasonable doubt, you must acquit.”

Traffic court is not different in that regard. The standard is still “guilt beyond a reasonable doubt.” When you admit guilt to the judge, you remove all doubt, and the judge decides guilt or innocence based on the facts presented! 

A traffic attorney knows how to word the explanation of facts without admitting guilt. The knowledgeable and experienced attorney will raise the level of doubt. It‘s that simple and that complex. 

They sat through years of college and law school, then they hours a week in traffic court listening to not just their clients’ case, but every case the judge rules on. They hear how various law enforcement officers (LEO) testify, and they know who never show up for court. 

According to the Constitution, if the LEO doesn’t show up, they can ask for a dismissal because you have a right to face your accuser.  Consult a traffic attorney to determine if you should contest your ticket.

Bigger & Harman, APC Can Help You Defend Your Ticket in Inyo County, CA

When you need help defending your driver’s record from an “alleged” traffic violation, call Bigger & Harman, (661) 349-9300. Se habla Español (661) 349-9755.

We are California-licensed traffic attorneys who can assist you with traffic tickets and DMV NOTS hearings. 

Email: attorney@biggerharmanlaw.com

References:

The 2021 CA Driver Handbook English y Español