Many drivers do not realize that certain traffic violations are criminal offenses. Challenging misdemeanor traffic tickets is essential to avoid a permanent criminal record.

Local law enforcement in Shafter in Kern County, CA, strictly enforces these sections of the vehicle code. A conviction can lead to life-altering penalties for any driver, including a criminal record.

Our legal team understands how to navigate the complex local court system. We work to protect your rights and your future driving privileges.

Understanding Misdemeanor Traffic Charges in California

Misdemeanor charges are much more serious than standard traffic infractions. These violations often involve a high risk to public safety or property.

The following list summarizes common misdemeanor traffic offenses in Kern County, CA:

• CA VC Section 23103, Reckless Driving: Defined as the "willful or wanton disregard for the safety of persons or property."
• CA VC Section 23109, Exhibition of Speed: Prohibits engaging in a motor vehicle speed contest on any highway.
• CA VC Sections 20001 & 20002, Hit & Run: Failure to stop after an accident involving injury or property damage.
• CA VC Section 14601, Suspended License: Operating a vehicle while your driving privilege is legally suspended or revoked.
• CA VC Section 12500, No License: Driving a motor vehicle without holding a valid driver's license, or living and driving in California using a license from another state or country. Once you become a resident of CA, you have ten days to get a CA license.

Each of these charges requires a strategic defense to avoid a conviction. We examine the officer's evidence to find weaknesses in the prosecution's case.

The Serious Consequences of a Misdemeanor Conviction

A misdemeanor conviction carries heavy penalties that extend far beyond a fine—you could face from one day up to one year in the Kern County jail.

“A misdemeanor is a type of offense punishable under criminal law. A misdemeanor is typically a crime punishable by less than 12 months in jail.”— Cornell Law School Legal Information Institute (LII) WEX Definition: Misdemeanor.

The court may also order probation for up to three years. The “base fine” of $1,000 can reach $3,000 or more after adding the ten state and county surcharges.

Furthermore, these offenses add two points to your DMV motor vehicle record. This can raise your insurance premiums by 100% or 200% for up to ten years, although some carriers will only track the first three years.

Protecting Your Driving Record, Reputation, & Freedom

Two NOTS points put you halfway to being labeled a prima facie negligent operator by the CA DMV. This status can lead to a six-month license suspension or revocation.

“Prima facie is Latin for ‘at first sight,’ or ‘on the face of it.’ Prima facie is used in court to indicate that there is sufficient or adequate evidence to support a claim. More simply put, a prima facie case means that the claim being presented to a court has merit, when taken at face value.”— Cornell Law School LII WEX Definitions: Prima Facie.  

Once the driver receives the “Letter of Suspension/Probation,” they have ten days to request a DMV Hearing. If the DMV does not receive a request within fifteen (15) days of mailing, the suspension will go into effect on the 34^th day. 

Contact our DMV Hearing attorney in Kern County, California, to discuss your situation and how we can assist you. Call now—(661) 349-9300—marque 859-1177 para Español.

Our goal is to prevent these points and suspension threats from affecting your livelihood. We represent clients at the Shafter Courthouse and others in Kern County, CA, to fight these serious allegations.

Maintaining a clean record is the best way to keep your insurance stable. Contact our office today to discuss your specific misdemeanor traffic case.

Consult Bigger & Harman About Challenging Misdemeanor Traffic Tickets 

Challenging misdemeanor traffic tickets require the knowledge and experience of a traffic attorney with trial experience, call Bigger & Harman at (661) 349-9300. Para Español, marque 859-1177.    

For a free, no-obligation consultation, reach out today by email at attorney@biggerharmanlaw.com. Use our secure website contact form to initiate a no-obligation consultation.

❓ Frequently Asked Questions (FAQ) Section

Q: Will a conviction for a misdemeanor traffic ticket show up on a background check?

A: Yes, because it is a criminal offense, it will appear on criminal records. A misdemeanor conviction can impact your future employment, college, or housing applications.

Q: How long do two-point violations stay on my DMV record?

A: Misdemeanors and felonies stay on your DMV record for up to ten years. If you are acquitted during an appeal, it should be expunged. 

Q: Do I have the “right to remain silent” before challenging misdemeanor traffic tickets?  

A: You have the same Constitutional Rights before and during a trial for a misdemeanor traffic violation as any other misdemeanor or felony. A Kern County traffic ticket defense attorney with trial experience can help you through it. The standard is still “guilt beyond a reasonable doubt.” However, avoid making any statement to police or court officials before speaking with an attorney. 

References:

CA VC Sections 23103, Reckless Driving; 23109, Exhibition of Speed; 20001 & 20002, Hit & Run Accidents; 14601,Driving on a suspended license; and 12500, Driving without a license. 

The California Department of Justice.