Receiving a traffic ticket in California doesn’t always mean automatic penalties, which may include fines, fees, or points on your driving record. Traffic tickets can often be dismissed if the right circumstances apply or if specific legal defenses are effectively argued. Whether due to lack of evidence, procedural errors, or equipment issues, there are several valid reasons your traffic ticket could be dismissed. This article explores the top five reasons traffic tickets can be dismissed in San Bernardino, Riverside, Los Angeles, and San Diego counties, helping you understand if you may have a higher-than-average chance at securing a dismissal, as well as how a skilled traffic attorney can make a big difference in the outcome of your case.
Below are the top five reasons your California traffic ticket could be dismissed, with tips on defending yourself in California traffic courts.
1. THE OFFICER FAILS TO APPEAR IN TRAFFIC COURT
One of the most common reasons for dismissing traffic cases in California occurs when the citing officer fails to appear in court. In California traffic cases, you have a Sixth Amendment right under the United States Constitution to cross-examine your accuser, which includes the right to cross-examine the officer who issued the ticket. If the officer doesn’t show up, the case cannot be prosecuted as it would mean violating your Sixth Amendment right, and the case will be dismissed.
What This Means in San Bernardino and Los Angeles:
Due to heavy caseloads and the vast area that comprises San Bernardino County and Los Angeles County, officers sometimes miss court dates, resulting in dismissals.
Suppose the officer fails to appear in court. In that case, your California traffic attorney can bring a motion for dismissal, helping you avoid fines, fees, points, and maybe even a license suspension on your driving record.
Pro Tip: Requesting a trial instead of simply opting to pay the ticket or attend traffic school might increase your chances of dismissal if the officer doesn’t appear.
2. Insufficient or Unreliable Evidence
Every traffic violation needs strong evidence, and in cases where evidence is lacking or unreliable, your ticket could be dismissed. Some common scenarios include:
Speeding Violations: If the radar equipment used wasn’t recently calibrated, this can result in unreliable speed readings and be grounds for dismissal.
Red Light Violations: If the red-light camera footage is unclear or fails to show a violation, your case may lack the necessary evidence to proceed.
County-Specific Notes:
In Los Angeles County, where automated enforcement like red-light cameras is common, attorneys frequently challenge unclear or poor-quality footage to dismiss tickets.
Pro Tip: Keep all documentation related to the citation and ask your attorney to request proof of equipment calibration records, especially for speeding tickets.
3. Errors on Your Traffic Ticket
Simple errors on a traffic ticket can sometimes lead to dismissal. California traffic tickets must be filled out accurately, and discrepancies can weaken the case against you.
Common Mistakes that Lead to Dismissals:
Wrong vehicle information, like make, model, or license plate number
Incorrect date, time, or location of the alleged violation
Misspelled driver name or incorrect license details
Outdated forms used by the citing officer
How This Applies in Riverside and Los Angeles:
In many cases, the officer’s lack of accuracy in the citation may lead to a compelling argument that he does not have a clear recollection of your citation, which raises an argument that they cannot prove the violation beyond a reasonable doubt.
Having an experienced California traffic attorney review the ticket for mistakes can improve your chances of success, as many courts dismiss tickets with significant errors.
Pro Tip: Double-check all information on your ticket and bring any errors to the court’s attention. Courts in California prioritize accuracy, especially in San Bernardino County traffic court.
4. Missing or Misplaced Traffic Signs and Signals
Proper placement and visible signage are essential for enforcing traffic laws, and tickets issued in areas where traffic signs are incorrect, obscured, or missing could lead to dismissal.
Examples of Signage Errors:
Obstructed Stop Signs: Foliage or other obstacles block the view of stop signs, making it hard for drivers to comply. This is especially true in areas where the speed limit changes quickly and the signs showing the speed limit change are obstructed or missing.
Improper Speed Limit Signs: Speed limits not posted according to legal standards can result in dismissed tickets. An experienced California traffic attorney will be familiar with many signs that contain improper language or fall below the legal standards established by the courts.
Local Insights:
San Bernardino County and Riverside County have large rural and suburban areas where signage issues are common. Improper signage is grounds for dismissal in many traffic courts.
Pro Tip: If you notice a sign obscured or missing during your violation, take photos or gather evidence, as these can be solid arguments for dismissal.
5. California’s Speed Trap Law
California Vehicle Code § 40802 defines a “speed trap” as either the determination of a vehicle’s speed by timing the vehicle’s travel over a premeasured section of highway or the use of radar to enforce a prima facie speed limit when the speed limit is not justified by a traffic and engineering survey within the prior five years. (People v. Sullivan (1991) 234 Cal.App.3d 56, at 59).
California has specific laws prohibiting the use of speed traps to issue tickets. Speed traps typically occur when:
Speed limits are set lower than they should be without clear justification
Law enforcement fails to use radar or laser equipment properly
Speed Trap Cases in California Counties:
In Los Angeles County, where speed limits change frequently in some areas, your attorney may argue a speed trap defense if speed limits aren’t adequately posted.
Experienced traffic attorneys often check radar equipment calibration records, as outdated records may weaken the evidence against you.
Pro Tip: Have an attorney investigate if a speed trap defense applies in your case. California traffic lawyers are well-versed in speed trap laws and can contest the validity of speed-based citations.
FAQs on Top Five Reasons Traffic Tickets Can be Dismissed in California
Q: What should I do if I notice errors on my California traffic ticket?
A: Highlight any errors to the court, as they may be grounds for dismissal. Working with a California traffic attorney increases your chances of a successful dismissal based on mistakes.
Q: Do I need a lawyer to fight my California traffic ticket?
A: While you can represent yourself, having a traffic lawyer familiar with county-specific rules in San Bernardino, Riverside, Los Angeles, and San Diego can improve your chances of a favorable outcome.
Q: Can I get a speeding ticket dismissed if the officer doesn’t show up?
A: Yes, if the officer doesn’t appear, the case may be dismissed due to lack of testimony. This applies to all California counties, including San Bernardino and Los Angeles.
Q: Is it difficult to challenge traffic tickets in California?
A: It can be challenging, but a traffic attorney can make the process smoother by identifying errors, gathering evidence, and representing you in court.
Final Thoughts on Dismissing Traffic Tickets in California
Knowing the top reasons for California traffic ticket dismissals can help avoid fines, points, and higher insurance premiums. Whether due to missing evidence, officer non-appearance, or ticket errors, there are multiple ways to challenge your ticket in California counties like San Bernardino, Riverside, Los Angeles, and San Diego.
For professional help with your traffic case, contact Trash That Ticket for a free consultation. Our experienced team has extensive experience in California traffic law and can help fight to keep your driving record clean.
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