Fresno, CA asked in Criminal Law and Traffic Tickets for California

Q: Can I get my charges reduced from a misdemeanor to an infraction?

I have received a ticket for driving without a license and it is under a misdemeanor offense. This is my first offense and I have recently received my drivers license. I am scheduled to appear in court for next month.

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3 Lawyer Answers
Rana Parsanj
Rana Parsanj
Answered
  • Criminal Law Lawyer
  • Glendale, CA
  • Licensed in California

A: If you were charged with CA Vehicle Code Section 12500(a) it is possible to reduce your charges to an infraction. If you need assistance with this matter an attorney goes a long way to assist you in your matter. Contact Parsanj Law Group (818) 273-1360 to get help in your legal matter.

Alexander Bakhache Perez
Alexander Bakhache Perez
Answered
  • Criminal Law Lawyer
  • Fullerton, CA
  • Licensed in California

A: yes, you may need help to represent the facts and reason for the reduction to an infraction, contact an attorney for a free consultation.

Kevin E Mitchell
Kevin E Mitchell
Answered
  • Criminal Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: CA Penal Code section 19.8 provides a list of the misdemeanors that may be reduced to infractions pursuant to section 17(d). I would imagine the actual charge when you go to court for a 12500 (driving with no license in possession) will be an infraction, even if the ticket says misdemeanor. If you are charged with a 14601 (driving on a suspended license), that's a little worse, but can also result in an infraction. I have never seen a 12500 misdemeanor actually go to trial. An experienced criminal defense attorney can likely make it go away without you ever setting foot in court, especially with proof of a license. Even if you are charged with some other misdemeanor offenses, not listed in 19.8, an attorney can get you an infraction under certain circumstances.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=19.8

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=17.&lawCode=PEN

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