By: Vincent S. Hughes, Esq.
Unfortunately, the cold hard truth is that many California drivers will receive a traffic citation at some point in their lifetime. Usually, a traffic citation is issued for what the courts hold to be minor offenses; however, these minor traffic offenses can result in long-term consequences, including high fines, increased insurance costs for the next three years, the requirement to attend traffic school, and sometimes even the loss of your privilege to drive a vehicle in California.
Today, I'd like to break down the anatomy of a traffic case, including how a traffic case is handled by the courts, the options available to those accused of having committed traffic violations, and the penalties and lasting effects resulting from conviction in a traffic case.
AN OVERVIEW OF THE CALIFORNIA TRAFFIC CITATION PROCESS
Issuance of the Citation
Generally, a traffic case in California is initiated when a uniformed police officer makes a traffic enforcement stop on a vehicle by utilizing their lights and/or sirens to signal a driver to pull over. As a general rule of thumb, it is in your best interest to pull over as soon as possible in the first available safe area. Once you have pulled over, it is best to remain in your seat with your hands visible at all times as the officer approaches your vehicle. Do not make any sudden movements or fumble around looking for your license, insurance, or registration; it is generally best to wait for the officer to instruct you to provide those documents.
Often, the officer will ask you if you know the reason they pulled over your vehicle; this is a trick, and it's best to remember that anything you say can and will be used against you once your case is before the court. Therefore, never admit to knowing that you were doing something wrong when the officer asks if you know why you were being pulled over. Don't admit to speeding, don't admit to being on your phone, and don't attempt to make any excuses for the officer's allegations (no, the "I had to use the restroom" excuse has never worked in my personal experience or during the traffic trials I have observed).
As you are speaking with the officer, remain calm, polite, and cooperative. By not providing the officer with a reason to remember you (such as you insulting him, yelling, crying, or any other out-of-the-ordinary acts), you are increasing your chances that the officer will not have any reason to clearly remember your traffic stop when the case is set for trial. If and when the officer issues you a citation, sign the ticket and immediately contact an experienced traffic defense attorney. Remember, signing the citation is not admitting to doing anything wrong; signing the citation is only promising to appear on or before the date listed on the bottom the citation to either pay your fine, request traffic school, or set the case for an arraignment (more on this later).
Common types of citations issued in Southern California include:
· Speeding tickets;
· Red light violations;
· Violations of noise ordinances; and
· Violations of other minor traffic laws and ordinances.
The Appear-By Date
Once the officer has issued you a citation, it is best to contact an experienced traffic defense attorney right away to review your available defenses and potential strategies that may work to your benefit in your unique case. You don't have to hire the attorney, but understanding what defenses you may have and what strategies may benefit you can assist in determining how to best move forward in your case. This is the reason we offer free consultations and are glad to speak with potential clients to advise them of the key factors in their individual, unique case.
After reviewing your citation, you will notice that the officer has written a date and courthouse for where your case will be heard. The date is not your trial date; the date on the bottom of your citation is simply a deadline for when you must initially appear before the court to either pay your fine, request traffic school, or set an arraignment date if you intend on contesting the citation.
Most courts, including those in Southern California, typically allow you to extend the appear-by date by at least sixty (60) days from the date listed on your citation. Every county is different, and the process for requesting an extension varies by courthouse and county. Usually, you can request the extension in person at the clerk's office or online using the court's website.
The Arraignment
When you contest a traffic violation, the first time you appear in court is set for a hearing called an "arraignment." This is your opportunity to enter a plea of guilty or not guilty. If you plead guilty, you will simply pay the fine and/or request traffic school, and the case will be over; however, you may receive points added to your DMV driving record, depending upon the offense you have pled guilty to. It should also be noted that if you simply pay the fine when you receive the courtesy notice from the court, you are effectively pleading guilty and may also have points added to your DMV driving record.
If you enter a plea of not guilty, you will be able to request a trial date; remember, it is your Constitutional right to make the officer prove your violation beyond a reasonable doubt, and you should take full advantage of this right. Under the United States Constitution, you have the right to have your trial held within 45 days of the arraignment; you may waive this right to allow for additional time before your trial, but you do so at the risk of the court not dismissing your case if the officer requests a continuance within 45 days of the date you set for your trial.
Trial
You have the right to have your case heard before a Judge; you do not have the right to a jury trial for traffic cases, unless the case is a misdemeanor. Most traffic matters in Southern California, however, are heard by a commissioner, a judicial officer appointed by the presiding judge of the superior court with the same functions and powers as a judge.
During the trial, the officer will attempt to convince the court that you have, in fact, committed the violation they have charged you with beyond a reasonable doubt. There are very specific rules regarding the types of evidence the court may consider and the manner in which the court can receive that evidence. These rules can be very complicated, and thus, it is generally best to hire an experienced attorney to represent you at trial.
The burden of proving a traffic offense is beyond a reasonable doubt; however, officers generally are well-prepared and have extensive experience in presenting their cases in front of the judge. Once the officer has presented your evidence, he will rest his case, and you will be permitted to present your defense. As stated above, it is generally best to hire an experienced attorney to defend your case, as they will be well-versed in the evidence rules for trial and what information the officer must provide and prove to secure a conviction. The judge will render his decision immediately after the defense has rested on the case; however, you have the right to have your sentencing no less than six (6) hours nor more than five (5) days of the trial. You may request to waive your right to have your sentencing heard between six (6) hours and five (5) days later so that you do not have to return to court at a later date.
Dismissal
If the officer fails to establish your violation beyond a reasonable doubt, the judge will dismiss your case and you will owe no fines and no points will be added to your DMV driving record. A dismissal is always the goal of an experienced traffic attorney.
Conviction
If the court finds that the officer proved the violation beyond a reasonable doubt, then you will be convicted of the alleged violation. Once this occurs, many options are available to the court for your sentence. First, and in nearly all cases, the judge may order that you pay fines by a certain date (usually within 60 days). Often, these fine amounts are pre-determined by the state legislature, although the court can exercise discretion in raising or lowering the fines.
Next, you may be allowed to complete traffic school in California. In today's judicial system, many judges will require that you put your request for traffic school in writing if you are unsuccessful after trial. To qualify for traffic school, in general, you must not have been traveling more than 25 miles per hour over the posted speed limit, and the offense must qualify for traffic school. If the judge does not allow you to complete traffic school, or if you are not qualified for traffic school (for cases involving speed over 100 miles per hour), you may have a point or more added to your DMV driving record, which may result in increased insurance premiums for the next three years.
How Can Trash That Ticket Assist Me in my Traffic Case?
Hiring an attorney to represent you in any traffic case in California may be extremely beneficial to you. First, an experienced attorney can help you minimize the penalties for the charge(s), including minimizing the fines, potentially avoiding license suspension (for cases involving speed over 100 miles per hour), and avoiding increased insurance premiums for three years following a traffic citation.
Trash That Ticket is experienced in fighting traffic tickets in Southern California courts and is well-versed on proven strategies to get you the best possible outcome in your case. Our rates are affordable and the small fee for obtaining our services will likely be well worth avoiding the extreme penalties for a simple traffic violation in California.
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