Suppose the law enforcement officer (LEO) gave you two traffic tickets for one stop — one for speeding and another for reckless driving, based solely on your driving a vehicle more than 25 mph over the speed limit. It would be best not to lose hope because nothing in the CA Vehicle Code correlates speed and reckless driving. Only a judge, jury, or you can find you guilty, which is why you want a traffic attorney right away. By paying the fine without challenging traffic tickets, you do the state’s job for them. CA Vehicle Code (CVC) Section 23103, Driving Offenses, which deals with reckless driving, states, “A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.” It identifies an “off-street parking facility” as another place a person could drive recklessly. However, it does not mention anything about speed as an element of reckless driving. Never admit guilt for a law you’re not certain you broke, particularly because reckless driving is a misdemeanor crime punishable by 5–90 days in county jail, a fine of $145–$1,000, or both. Each section of the CA traffic code has specific elements the state must prove for the judge to find you “guilty beyond a reasonable doubt.” Yes, even in traffic law, that is the standard. Thus, a traffic attorney’s mission is to raise the level of doubt so the judge will dismiss the charges against you. In some circumstances, such as when the LEO wrongly accuses you of a violation based on something not contained in the traffic law, the judge can reduce the charge. Often, a traffic attorney can negotiate a no-point violation with the judge when the evidence might not be strong enough for a conviction. You might still pay a fine, but your insurance premium will not go up — because there are no points. Don’t Lose Hope — Here’s How to Fight It How to Handle Getting 2 or More Tickets on 1 Stop
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“Give thanks to the LORD, for he is good; his love endures forever.”
1 CHRONICLES 16:34
So, don’t be afraid to challenge your traffic tickets! Let us lend you a hand in court. Give our office a call today at (661) 349-9300.
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