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To be convicted of a crime, two things must be proven beyond a reasonable doubt: A person committed an act prohibited by law known in Latin as the “actus reas.” That person had the intention to commit that action, also known in Latin as the “mens rea.” This is not the case for most traffic ...

During COVID-19, the Governor and the Chief Justice of California have allowed Courts to use technology like video, audio, and telephone to conduct remote proceedings [instructed by emergency order and use of penal code section 977(c)]. These appearances could be made without either party having ...

“A person who drives a vehicle upon a highway at a speed greater than 100 miles per hour is guilty of an infraction” [California Vehicle Code section 22348(b)]. This traffic citation is one of the most harshly punished traffic infractions. During the COVID pandemic, CHP Officers wrote over 6,000 ...

Did you know that the most common type of traffic ticket is speeding? A violation of the basic speed law is what most people are usually cited for while driving around town on local streets and highways. These streets have posted speed limits that can carry fines ranging from $250 to $500 dependi...

Everyone knows you are not supposed to go faster than the posted speed limit, but have you ever wondered how the speed limit is determined? Local speed limits are determined by municipalities using engineering and traffic surveys. Without a current and valid survey, an officer may be unable to pr...

Residential Speed Limit in California The California vehicle code sections 22348 through 22356 establish maximum and prima facie speed limits in the Golden State. Black's law dictionary defines prima facie as “sufficient to establish a fact or raise a presumption unless disproved or rebutted.” In...

Just missed the light making that left turn? The statute prohibiting turns against a red arrow is a subsection of the standard red-light violation with a few differences. The one similarity both sections share is that a first-time violation can cost you as much as $500. The California Vehicle Cod...

Running a red light is one of the most common violations made by drivers every day. The fine is also one of the most expensive, surprise-surprise, and it can cost up to $500 for a first-time offense. Southern California is home to millions of traffic signals, and understanding the law is crucial....

Have you tried to make sense of your traffic ticket? Even as they have become more electronic, citations can be intimidating to read and understand, especially when they look like a long drug store receipt. Having read thousands of tickets myself, I know it is nearly impossible to decipher an off...

The 5th Amendment of the US Constitution grants protections of several civil liberties, none more important than the right to not self-incriminate oneself. The Amendment states, "No person shall . . . be compelled in any criminal case to be a witness against himself." The 5th Amendment means you ...

Calculating your traffic ticket fine can be difficult these days. As noted by one Orange County Judge, “if I were that good at math, I would have attended MIT or Harvard and gone to medical school instead of law school.” This statement is truer today than ever. The Court assesses a fine based on ...

Yes, Red Light Camera Tickets are still legal. Since the introduction of the California Vehicle Code section 21455.5, allowing Red Light Cameras, many California cities have used automated enforcement cameras to monitor Red Light violations. Certain cities in Orange County in Southern California ...

Given the current climate of health concerns and courthouse closures, there is a lot of concern with what happens if you can't go to court when you are supposed to. As mentioned previously, failing to appear on a ticket can lead to additional fines and suspension of your Driver's License. In the ...

The first thought people have when they think of a “speed trap”, is an officer with a radar gun hiding in the bushes or behind a billboard writing tickets to people who can't see them. This is not a “speed trap”. Actually, the term “speed trap”...

You may have received a traffic ticket that you are able to correct to get the citation dismissed, which is often called a “fix it ticket.” Review the left-hand side of the ticket which should read “Correctable Violation” and go down from there to the left of the violation where there should be a...

The California state Judiciary and Court in a way to promote judicial economy and to provide a convenience for people who live and work far away from where they were cited, wrote Vehicle Code section 40902 which is used in conjunction with California Rules of Court 4.210 allow people charged with...