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Why You Need a California Traffic Attorney for an Out of State Ticket

undefinedDid you ever wonder what would happen if you got an out-of-state ticket? Do you need a traffic attorney, and if so, from which state would you hire the attorney to represent you? Say, for instance, you go up to Vegas for the weekend, and on the way back, you get a speeding ticket. Or, you're from Arizona, and you come up to visit mom and dad in Mono County.

If you just want to pay the fine, you could go online and search for the traffic court and see if they accept payment online. Most jurisdictions do. You can easily punch in your debit card or credit card number, pay the fine, and be done with it. But, are you really done with it?

Most likely, with the Driver’s License Compact (DLC) and the Nonresident Violator Compact (NVC), you are not done. Chances are your home state (the state where you’re licensed) or the ticketing state belongs to one or both of these compacts.

That means the states agree with each other to notify the home state of a conviction, failure to appear or pay (FTA/FTP), or otherwise resolve a ticket in their state. The home state will treat the situation as if it happened in their state.

Therefore, if you go to Vegas and get a speeding ticket, and you pay the fine, Nevada will notify the CA DMV, and when your auto insurance comes up for renewal, you could be looking at an increased insurance premium. That’s one good reason to consult a CA traffic attorney before you decide to pay the fine in another state.

What’s more, if you had received that speeding ticket in CA, you would have probably had the option to attend traffic violator’s school (TVS) to keep your first minor infraction confidential and your insurance premium from increasing. In some circumstances, it might not be too late to get approval for TVS. Always consult a traffic attorney.

Can a Traffic Attorney Get Approval for Me to Attend TVS?

Every situation is different. Not all traffic violations are eligible for TVS. To be eligible for TVS, you must:

  • Have a valid CA driver's license
  • Not have used it to mask ticket within the last 18 months
  • Not have a mandatory court appearance; therefore, speeding 100+ mph is not eligible
  • Not have been driving a commercial vehicle when ticketed
  • Get a traffic court judge’s approval for speeding 25 or more mph over the limit
  • Complete a DMV-approved course within the required timeframe
  • Not have been a misdemeanor or felony charge (this includes DUI)
  • Be a minor infraction for a moving violation

You must plead guilty, pay the full fine, and a fee to the county (usually $64) before you are given permission to attend TVS.

It is typically much easier for a traffic attorney to get approval to attend TVS for speeding more than 25 mph over or for an out-of-state traffic ticket.

Release upon Promise to Appear or FTA

Never ignore a traffic ticket. CA makes it a misdemeanor crime to FTA. CA Vehicle Code (CVC) Section 40508, Release Upon Promise to Appear states, “A person willfully violating his or her written promise to appear or a lawfully granted continuance of his or her promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor regardless of the disposition of the charge upon which he or she was originally arrested.”

What’s more, even when you are from another state or country, it could follow you. FTA/FTP are reported to the home state, and misdemeanors are reported to the National Crime Information Center (NCIC), the FBI’s information center, which could affect your immigration status or ability to get a Visa.

Always Consult a Traffic Attorney about an Out-of-State Ticket

Bigger & Harman, APC can assist you with an out-of-state traffic ticket, (661) 349-9300. Se habla Español (661) 349-9755.

We are Bakersfield traffic ticket attorneys, and we can help you resolve traffic tickets, FTA/FTPs, and represent you at a DMV NOTS Hearing, in Mono County. All it takes is to get one conviction removed from your driving record to avoid a six-month suspension.

Email: attorney@biggerharmanlaw.com.

References:

The 2020 CA Driver Handbook.pdf

The National Crime Information Center (NCIC)

The Driver’s License Compact (DLC) and the Nonresident Violator Compact (NVC)

CVC 40508, Release Upon Promise to Appear