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Questions Answered by David Dastrup
2 Answers | Asked in Criminal Law for California on
Q: Is it legal for a defendant to have copies of a statement which was addressed to another defendants attorney

Showing paper work from testimony of co defendent which was sent to co defendants attorney on instagram he is still in trial everyone else in prison

David Dastrup
David Dastrup
answered on May 8, 2017

Instagram is not a secure source to transfer documents. Also, testimony that happened in open court, if so, is not confidential. However, if the document was private and accidentally sent to the wrong person, then there is an issue. Not enough details here to say one way or the other.

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3 Answers | Asked in Criminal Law and Personal Injury for California on
Q: The blood that covered my face afte being assaulted was logged by the cops as a cut from my glasses. No attack noted.

I was assaulted by my roomie/land lady. Unprovoked, unprecedented, punched and hit and grabbed till I had black eye, swollen, lips, and bloodied face. Yes I think the cut on my nose near my eye was from my glasses frames being between closed fist punch and my actual skull. But I feel slighted, made... View More

David Dastrup
David Dastrup
answered on May 8, 2017

You cannot press criminal charges unless you mean reporting the crime. However, you can get a civil attorney and bring a civil action against the person that injured you. Also, that attorney can help you understand what evidence might help to convince the police and or prosecutor that a criminal... View More

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2 Answers | Asked in Traffic Tickets for California on
Q: Intl student with speeding ticket. Mandatory appearance?

Hi,

I had a speeding ticket in San Mateo, CA going 52 in a 35 zone.

Would that requiere mandatory appearance?

I am an intl' student w/ CA drivers license, but will be outside the US for the appearance date and after a month I will be moving to FL (not returning to CA).... View More

David Dastrup
David Dastrup
answered on May 8, 2017

Does not sound like a mandatory appearance case. Regardless, and attorney can go for you even if it was a mandatory appearance case.

If you ignore the ticket, then your license will be suspended in CA, which may be communicated to FL, so that could cause problems. However, you should still...
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1 Answer | Asked in Traffic Tickets for California on
Q: My friend has a FTA in North Carolina from a speeding ticket 21 years ago and can't get a California driver license.

He would like to take care of the matter but he lives in California and just had hip replacement. Does he have to return to NC to clear up the matter?

David Dastrup
David Dastrup
answered on Apr 26, 2017

Yes, California will not issue a license if a suspension is reported to CA from another state. How exactly to deal with that in NC is another issue. Best to contact a NC traffic ticket attorney for that.

1 Answer | Asked in Traffic Tickets for California on
Q: Headlamp ticket in CA in 2010 with MO License. Live in CA now w/ CA license. Doesn't show on record. Does it follow?

Police sent the info of the ticket to the address I was staying on vacation, not my home in MO. I wasn't given the letters until it was too late. It turned into an $851 ticket and went to collection. Long story short, it is with GC services now, but only attached to my MO license # which is no... View More

David Dastrup
David Dastrup
answered on Apr 26, 2017

It may not cause any problems, so it is your decision to deal with it or not. If you want to fight it, chances are an attorney could probably have it dismissed or reduced to where the cost of the attorney and the fine, if any at all, is less than what the court/collections wants now.

1 Answer | Asked in Criminal Law and Traffic Tickets for California on
Q: In a California court can time served be credited toward traffic fines?
David Dastrup
David Dastrup
answered on Apr 26, 2017

Yes, and no. It usually depends on the judge and, in my experience, how good the lawyer is at presenting the issue. There are some laws that could have helped you when you were in custody. Using those laws may be helpful to convince courts that had you know about and taken advantage of the laws,... View More

2 Answers | Asked in Traffic Tickets for California on
Q: How do I clear off an OLD speeding citation off my DMV record? (11 months old) -State of CA

Citation was paid right away after I got the ticket; I did the traffic school online and sent the court the certificate of completion; court wouldn't accept it because I did not pay the $64 administrative fee on time (a few days late, it was my first time getting a ticket and I had no idea... View More

David Dastrup
David Dastrup
answered on Apr 26, 2017

11 months is not a old speeding ticket. That ticket stays around for ten years but only visible to insurance for 3 years. So old would be fair to say if over ten years old, or 3 years for insurance purposes, etc.

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1 Answer | Asked in Traffic Tickets for California on
Q: My name is mat i have court on monday for racing. I got a ticket tonight for racing what will my penalties be?

I also have 2 traffic citations one for loud muffler and crossing a solid white line. Tonight i also got a ticket for basic speed rule and no recon sticker. Which im confused about. But i just want to know my penalties infront of a judge

David Dastrup
David Dastrup
answered on Apr 26, 2017

Racing is very different than what you describe. Racing would probably be a misdemeanor as a speed contest. Basic speed law is not criminal, but carries fines from $238, $367, or $490, typically, depending on speed, and results in 1 point for 3 years on your driving record.

For the muffler...
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1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for California on
Q: Am I entitled to a Certified Complaint from the local Prosecutor in an Infraction Case?

Long ago I filed a motion for a Certified Complaint in a speeding ticket case. I got copies stamped from the Court, the Prosecutor's Office and I think the Police Department. I appeared in Court before a Judge, (I was made to wait most of the day) and when I finally got my time in front of the... View More

David Dastrup
David Dastrup
answered on Apr 26, 2017

In some courts, you can demurrer to raise the issue. Some judges will literally laugh and say a demurrer does not apply. I have experienced success and the later results on this very issue.

1 Answer | Asked in Traffic Tickets for California on
Q: What can I do if I had 2 parking tickets about a year ago and didn't pay them off, so now they want $900 and they

Suspended my license. What should I do I was homeless.

David Dastrup
David Dastrup
answered on Apr 26, 2017

Are you sure they are parking tickets? That seems high for a regular parking ticket late fee.

Probably best to do whatever you must do to get your license reinstated/un-suspended.

1 Answer | Asked in Municipal Law and Traffic Tickets for California on
Q: Help with interpreting parking signs in Los Angeles municipality, California

Recently, at 11pm, I had to find a parking spot in a packed neighborhood in LA. I found a parking spot in the area I outlined on the picture: http://i.imgur.com/RIDc0yE.jpg However, there was a sign saying that parking from 10pm to 6am was prohibited http://i.imgur.com/RjUz0Un.jpg Since there were... View More

David Dastrup
David Dastrup
answered on Apr 26, 2017

No attorney that I am aware of handles parking tickets from a defense perspective. While I have done it for a city--rare experience--most parking tickets are not worth the effort to fight considering the cost of legal services compared to paying the ticket or the reward of winning.

But if...
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1 Answer | Asked in Traffic Tickets for California on
Q: Can I do traffic school for not wearing a seatbelt even if I wasn't the one driving?
David Dastrup
David Dastrup
answered on Apr 26, 2017

If you were cited for: Mandatory Use of Seatbelt Required, CVC 273159, it is not a negligent operator point so traffic school does not apply.

2 Answers | Asked in DUI / DWI, Traffic Tickets, Civil Rights and Constitutional Law for California on
Q: Am I protected under the 14 amendment right 2 travel driving w out a driver's license in the state of CA. I have been

Told technically that I don't have 2 gave one as long as I sign all legal documents w a certain penal code! But I don't know which one!!??

David Dastrup
David Dastrup
answered on Apr 26, 2017

No, the constitution does not grant anyone the right to driving without a license.

(There may be issues of traveling between states if you are not a resident of California, but that is usually not the issue. Most of the hundreds of 12500 CVC cases that I have handled are for persons who...
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3 Answers | Asked in Animal / Dog Law and Traffic Tickets for California on
Q: Animal control gave me a ticket to appear in court for a dog barking. I don't own a dog.

I stayed the night at the house of a friends, I had to much to drink the night prior. I woke up to animal control knocking on the door. He was rude and demanded to see my ID, I shouldn't have but I gave him my ID. He gave me a ticket and now I have to appear in court for a dog that isn't... View More

David Dastrup
David Dastrup
answered on Apr 26, 2017

You can hire an attorney. If this is a misdemeanor, a local municipal code, it is still a serious case. However, you need an attorney to review the case and discuss your options. Probably not a do it yourself project.

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2 Answers | Asked in Traffic Tickets for California on
Q: What are Traffic Court Judges afraid of?

Traffic Court Judges don't want anything to slow down the proceedings. What can they not so easily control? and can they refuse to see your evidence? Video evidence or hear witness testimony.

David Dastrup
David Dastrup
answered on Apr 26, 2017

Trying to play games with a judge in traffic court is probably not going to help you. But submitting evidence helpful to your case can help you. Be aware that court does not always work out just like you think or expect. You need an attorney that can handle the several issues.

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2 Answers | Asked in Traffic Tickets for California on
Q: i got a ticket when i was 17 but my court date is after my 18th birthday do i need to bring a parent still?
David Dastrup
David Dastrup
answered on Apr 26, 2017

An attorney can go to court without you or a parent. Since you are 18 now, you should be able to go to court without a parent present.

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3 Answers | Asked in Traffic Tickets, Civil Rights and Constitutional Law for California on
Q: What is the, "Reasonable Person" clause that limits authority of local courts?

My understanding is that local courts get their authority from the state but there is a limiting factor. They may not impose fines or punishments beyond what a Reasonable Person would find acceptable. How is this this limit defined and how would this provision be used to stop the misuse of local... View More

David Dastrup
David Dastrup
answered on Apr 26, 2017

California fines AND THE FEES (which are really more like a heavy tax and are an additional punishment) are really high compared to some other states, but so is living in the more populated areas of California. Highly unlikely you would win on arguing the fines and fees are too high (even though... View More

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2 Answers | Asked in Criminal Law, Traffic Tickets, Car Accidents and Municipal Law for California on
Q: If I am a Canadian citizen with a Canadian Driver's License in California under a temporary TN Visa, do I need a Cal DL?

Do I need a California Driver's License? I intend to go back to my permanent address in Canada. I did some research and found this website, but I wanted to confirm: http://www.getty.edu/osip/pdfs/driving_terms.pdf

David Dastrup
David Dastrup
answered on Apr 26, 2017

Bottom line - if you get a police officer that doesn't like you or is having a bad day, or if you already had a case/ticket in California, that officer may cite you for a misdemeanor and impound your vehicle. You can argue the law all day and right and wrong, but then you are still stuck with... View More

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3 Answers | Asked in Immigration Law, Criminal Law and Traffic Tickets for California on
Q: What should I do? Would this case affect the renewal of my F-1 student visa?

Hello,

I'm an international student F-1 visa holder. Back in 2015 I got 5 tickets suspended registration, unlicensed drivers ( I use my international driving license), no stop lamps, no insurance, and operating suspended vehicle. I didn't show up in court in April 2015. In... View More

David Dastrup
David Dastrup
answered on Apr 26, 2017

Hire an experienced traffic/criminal attorney in your area to clean up the warrant and resolve this case favorably. Most importantly, you do not want the warrant. However, the misdemeanor is serious, too, but a good attorney can probably help you clean that up, too.

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2 Answers | Asked in DUI / DWI, Civil Rights and Traffic Tickets for California on
Q: Can I sue a police officer for threatening to give my mom a jaywalking fine even though she wasn't jaywalking?
David Dastrup
David Dastrup
answered on Apr 26, 2017

The constitution does allow police certain latitudes in the things they say to try to get a person to confess to something. While they cannot say they are going to brake your mother's legs, a jaywalking ticket hardly sounds like a meaningful threat, especially if they could have cited her for... View More

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