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California Traffic Tickets Questions & Answers
1 Answer | Asked in DUI / DWI and Traffic Tickets for California on
Q: When do points "fall off" the DMV record

I'm trying to figure out when do points "fall off the record", when does the time start counting, from the time a person is convicted or from the time the citation was issued? All I know that in CA it's 3 years and 3 months, but when does the time start counting exactly, so they... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Jan 25, 2023

The points accrue (go on your record) when the conviction occurs, meaning that, until you are convicted the points aren't on your driving record, the three years starts running at the point you are convicted.

1 Answer | Asked in DUI / DWI and Traffic Tickets for California on
Q: Do points on my CA DL stay 3 years and 3 months after the conviction date in court or the time had been started counting

once I received a citation?

I'm sorry, I believe my question has been wrongly structured,

I'm trying to figure out when do points "fall off the record", when does the time starts counting, from the time a person is convicted or from the time the citation was issued? Thank you

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Jan 25, 2023

Any points that are placed on your driving record start when you are convicted, not cited.

1 Answer | Asked in Traffic Tickets and Criminal Law for California on
Q: Can a written verbal notice of a suspended license result in official charges? At Arraignment, I was charged

Pulled over cited, and impounded for expired registration; given a written verbal notice of suspended license, and additional charges for drugs found upon inventory. At court date, I was charged with driving with a suspended and the drug charges. However, I wasn’t given a “citation” for the... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jan 18, 2023

Incident to an arrest the police will inventory items.

the police stop a person and then submit a report to the DA who then decides what to file.

if you have 2 DUI's they will suspend your license if within short period of time.

more suspension for 3rd.

if you...
Read more »

2 Answers | Asked in DUI / DWI and Traffic Tickets for California on
Q: CA ATTY's :Is an SR22 start date the date of admin suspension received from the DMV or the date of court conviction?

Admin suspension effective March 20 2020. Date of court conviction 6/20/2022. Been carrying an SR22 since March of 2020 so the removal date would be Mar/April 2023 if it began at the DMV admin suspension. (All DMV fines and reinstatement fees have been paid)

Does the SR22 clock reset on... Read more »

Alison Lee Bermant
Alison Lee Bermant
answered on Jan 16, 2023

It is 3 years from the date you reinstated your driving privilege. You can always call the DMV Mandatory Actions Unit to confirm the exact date that happened.

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1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for California on
Q: On Dec. 2020 I was pulled over in a private hotel parking lot in my recently purchased RV. Dmv closed and it was on a n

non-op. 3 Cops were waiting hidden from the street in the back corner of the lot. I backed in and an officer pulled in front of me with lights flashing. Is this stop legal on private property and he had never been behind me? He ran my plates, noticed I wasnt there and waited until I returned.... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Dec 18, 2022

your question is not clear.

police need to have probable cause (PC) to search and many things are considered PC.

depending on the facts PC may have been the backing in???

i doubt if the PC will be determined to be your 2006 drug charge that was expunged....
Read more »

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Traffic Tickets for California on
Q: How are traffic laws constitutional and not commercial? Can a human being invoke the the 4th and 5th amendment?

Traffic stops for common people are unconstitutional on its face. You cannot invoke the the 5th or 4th amendments. There has never been full disclosure of the taxes of personal cars operated for private use. If property can be seized for lack of funds does that not go against the due process... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Dec 17, 2022

Operating a motor vehicle on the public roads is privilege extended to persons with a use the public streets and highways. This means you must comply with the law as you are operating a motor vehicle, and when you violate the law you can be held responsible. If you are cited for a motor vehicle... Read more »

1 Answer | Asked in Contracts, Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: CA ATTORNEYS: Can an attorney assign or "refer" a case to another attorney without notification to the client?

What are the ethical obligations for client assignation and/or referrals?

Is contracted attorney required to inform client a different (non staff) attorney will argue and negotiate their case?

Details: small firm specializing in serious traffic cases. (DUI, felony speeding,... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Dec 12, 2022

more info is needed.

many criminal lawyers have a provision in their retainer that they can associate with another criminal lawyer.

were the other lawyers from the same firm?

were they appearance lawyers just appearing to continue THE CASE?

in any event they could...
Read more »

1 Answer | Asked in Traffic Tickets for California on
Q: is red light camera ticket legally enforceable in los angeles county

received a red light camera ticket in the mail. Didn't stop before making a right turn, and the light was already red.

James R. Dickinson
James R. Dickinson
answered on Nov 15, 2022

You should hire a local traffic ticket attorney to fight for you. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

2 Answers | Asked in Traffic Tickets for California on
Q: Can a police officer take my car away for expired tags without issuing a citation for expired tags ?
James R. Dickinson
James R. Dickinson
answered on Nov 15, 2022

I think your question is whether they can impound your vehicle for expired tags. Yes, if registration is more than 6 months expired. CVC 22651. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client... Read more »

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1 Answer | Asked in Traffic Tickets for California on
Q: I was charged for 21655(a)(1) and want to fight it but officer included 22349(a) on ticket. Can I get charged in court?

Online only the 21655 appears and I want to contest it since I drive a clean air vehicle (2012 Prius) that had an HOV sticker prior to the ticket. I fear that going to court will open up a trial for the 22349 that wasn't included online. Is that legal to get tried for it if that isn't the... Read more »

James R. Dickinson
James R. Dickinson
answered on Oct 31, 2022

Speak with a local traffic ticket attorney to assist you with this. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Traffic Tickets for California on
Q: Parking harassment and 6 parking tickets from the city.

The city is rebilling me old tickets and crediting one but not others for the same violation.

James R. Dickinson
James R. Dickinson
answered on Oct 9, 2022

Double jeopardy comes to mind. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Traffic Tickets and Constitutional Law for California on
Q: Is it enough probable cause for someone to "look under the age of 18" in California? (On a bike without a helmet).

I was on my electric bike without a helmet and I was pulled over by a police officer, he asked me if I was over the age of 18, could I have just said, "I do not answer questions"?

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

It's generally best not to give statements. Regardless, it's water under the bridge at this point, so speak with a local attorney to defend you. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You... Read more »

1 Answer | Asked in Traffic Tickets, Car Accidents and Gov & Administrative Law for California on
Q: What form do I need to file with the courts, to stop the sale of my work truck? Change: Driving on a suspended license!

I am self-employed. On my way to work, I was pulled over for having expired tags by the Claremont ( California) Police Department. My license was suspended by the DMV, for medical reasons. What form do I need to file with the Pomona Court, to allow me more time to finish this process? Work truck... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Sep 12, 2022

YOU SHOULD RETAIN A LOCAL CRIMINAL LAWYER ASAP..........S/HE MAY SUGGEST YOU TAKE CARE OF THE EXPIRE TAGS AND SET IF YOUR MED CONDITION HAS CHANGED SO THAT YOU CAN APPLY FOR A NEW LICENSE.

YOU DON'T HAVE A VALID LICENSE, AND THE MEDICAL CONDITIONS MAY PREVENT YOU FROM GETTING ONE....
Read more »

1 Answer | Asked in Traffic Tickets for California on
Q: Would this apply if the officer cited me instead of a red light camera?
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 10, 2022

Would what apply? Generally, an officer can site you if you run a red light and give testimony of you running the red light.

1 Answer | Asked in Criminal Law and Traffic Tickets for California on
Q: Can a passenger be cited for California’s Vehicle Code 23222(a)?

Yes I had the bottle in my lap with my purse on top of it. But I wasn’t trying to hide it. I had just come from a dinner party. I drove my vehicle there but my car wouldn’t start when it was time to leave. Instead of trying to figure out what to do with my car that night we all decided I... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jul 4, 2022

the correct answer is IT DEPENDS......

as a rule it is the person holding the alcohol or the driver.

was the passenger holding the alcohol?

2 Answers | Asked in Constitutional Law, Traffic Tickets and Criminal Law for California on
Q: If I could prove a traffic stop was an illegal stop by the police would I get whatever was seized from the search back ?

I was pulled over for turning right on a red light supposedly there was a sign stating that was illegal but I went back and scanned the whole area and could not find any sign that said so making that stop and illegal stop. When I go to court and prove that I should get whatever was seized from the... Read more »

John Karas
John Karas
answered on May 15, 2022

It's not as simple as walking into to court with pictures or even video tape showing that the intersection did not have a sign posted that it was illegal to make a right turn on a red light. You don't know it that was the only reason the cop pulled you over. If evidence was seized... Read more »

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2 Answers | Asked in Criminal Law and Traffic Tickets for California on
Q: If we got pulled over for a false reason does that make the stop and subsequent charges that followed inadmissible

We were pulled over for turning right after stopping at a red light. The cop said there was a sign stating 'no right turn on red' but I went back to the intersection and thoroughly looked for a sign stating that and there was none. Doesn't that make it an illegal stop and thus any... Read more »

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on May 15, 2022

First of all, did they do a search of you and the car, find something illegal and arrest or cite you for that (misdemeanor or felony) or did you just get a ticket for No left turn (infraction)?

If you just got a traffic ticket, then the cop’s observation is not inadmissible, but it is...
Read more »

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1 Answer | Asked in Traffic Tickets for California on
Q: I was cited a seatbelt ticket and only a seatbelt ticket. Was the officer in the right or wrong?

The officer had no other reason for the stop and no other citation was received is a seatbelt violation considered probable cause for a traffic stop?

David Dastrup
David Dastrup
answered on May 5, 2022

Reasonable suspension & plain view - If the officer saw that you were not wearing a seat belt, then, yes, they can conduct a traffic stop and cite you for the infraction for not wearing a seat belt.

Sometimes people say that there is no possible way the officer saw that I was not...
Read more »

1 Answer | Asked in DUI / DWI and Traffic Tickets for California on
Q: Can one fight a suspended license charge/ticket if they weren’t actually pulled over?

My brother was caught in a situation where he was then involved in the investigation. Before the cops had came he had already pulled over at a gas station and was parked. The cops then came and did their questioning. When they pulled him up into the system they saw he had a suspended license &... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Apr 18, 2022

tell him to get an atty asap..........he is in the wrong.

sounds like a hit and run;

however, a lawyer may be able to present a reasonable explanation to the court.

1 Answer | Asked in Traffic Tickets for California on
Q: Im 17, hit parked car and left. Now hit/run reckless drive prop damage.Turns out it was police chiefs car.Need attorney?

The car I made contact with was the police chiefs kid at school. I didn't think I did any damage police report shows some paint bubbling and a scratch. It seemed really outrageous that they would press charges since I offered to pay for the damage and apologized profusely when I was... Read more »

Maurice Mandel II
Maurice Mandel II
answered on Apr 17, 2022

you need an attorney to deal with criminal charges. He can also help negotiate payment for the damage. You don't talk about your insurance, I assume you have none, could be a ticket in that for you as well, currently $900+ if no insurance, get some right away before the charges land, you... Read more »

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