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California Traffic Tickets Questions & Answers
2 Answers | Asked in Criminal Law and Traffic Tickets for California on
Q: Can a cop tow my vehicle off my property for expired registration if they witnessed it operating on the road way.
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answered on Dec 11, 2023

Under California law, a police officer may tow a vehicle from private property if it was previously observed operating on a public roadway with expired registration. This action is typically justified if the registration has been expired for a significant amount of time, as outlined in California... View More

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1 Answer | Asked in Traffic Tickets and Constitutional Law for California on
Q: California Motor Vehicle Code 260 states that private automobiles not in commerce are immune to registration fees.

Ex parte Milligan 71 U.S. 2 (1866) section 98 was a Supreme Court ruling that we have a right to travel.

So why is it that lawyers and cops are violating our unalienable rights, like we don't have them? I'm sure this question will get ignored. But I would like an answer. I'm... View More

James L. Arrasmith
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answered on Dec 4, 2023

Understanding the legal framework around vehicle registration and the right to travel can be complex, and it's clear you're seeking a thorough explanation.

First, regarding California Motor Vehicle Code 260, this law defines what constitutes a commercial vehicle versus a private...
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3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Car Accidents for California on
Q: there any law in California where you can be charged for something another vehicle possibly a friends/families vehicle?

I constantly see videos where street racing cars get pulled over or a motorcycle group is being chased by police and police only pulls one of them over but typical the one getting pulled over is the only one NOT doing what the others are doing such as speeding, swerving threw traffic, or doing... View More

James L. Arrasmith
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answered on Dec 2, 2023

Under California law, individuals are typically responsible for their own actions while operating a vehicle. You cannot be legally charged for traffic violations committed by others, even if they are friends or family members. If you are part of a group, such as a motorcycle convoy, and others in... View More

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1 Answer | Asked in Traffic Tickets for California on
Q: im going to court for a traffic ticket for driving without a license and my dad told me to plead no contest is he right?
James L. Arrasmith
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answered on Nov 26, 2023

In California, pleading "no contest" to a traffic ticket for driving without a license means you do not dispute the charge, but you also do not admit guilt. This plea is similar to pleading guilty in terms of the consequences, but it cannot be used as an admission of guilt in any other... View More

3 Answers | Asked in Traffic Tickets and Municipal Law for California on
Q: As a home owner am I allowed to park in front of my own driveway.My driveway entrance is on a blind curve

Simi Valley has imposed a 15 mph speed limit around this blind curve

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answered on Nov 22, 2023

Under California law, generally, it is illegal to park in front of a driveway, including your own. This rule is in place to ensure that driveways remain accessible for emergency vehicles and for the residents themselves.

The fact that your driveway is on a blind curve and that Simi Valley...
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1 Answer | Asked in Traffic Tickets for California on
Q: I live in San Diego and I received a parking ticket for habitation. I don't live in my car, how do I fight this ticket?
James L. Arrasmith
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answered on Nov 20, 2023

To challenge a parking ticket for habitation in San Diego, start by gathering evidence that shows you do not live in your car. This evidence could include a lease agreement, utility bills, or a driver's license with your residential address. Such documents can help establish that you have a... View More

2 Answers | Asked in Traffic Tickets, Civil Rights, Constitutional Law and Civil Litigation for California on
Q: Do I have a case? Were my rights violated? What attorney to seek?

I was parking at a store and when I was leaving my vehicle a man who was not in police uniform approached me and stated that my tags were expired and requested my driver’s license. I asked who he was and he responded “ I’m an officer “ and held up a badge hanging from his necklace. Keep in... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Nov 13, 2023

I would need some more facts/details from you regarding this incident, but it appears based on what you have stated here that your civil rights may have been violated and you may have a civil case for either discrimination or police harassment/brutality (and possibly battery, use of excessive... View More

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2 Answers | Asked in Traffic Tickets, Civil Rights, Constitutional Law and Civil Litigation for California on
Q: Do I have a case? Were my rights violated? What attorney to seek?

I was parking at a store and when I was leaving my vehicle a man who was not in police uniform approached me and stated that my tags were expired and requested my driver’s license. I asked who he was and he responded “ I’m an officer “ and held up a badge hanging from his necklace. Keep in... View More

James L. Arrasmith
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answered on Nov 13, 2023

Based on your description, you might have grounds to question the legality of the actions taken by the individuals claiming to be officers.

In California, law enforcement must identify themselves properly, especially if not in uniform. The manner of your detention, particularly if the...
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3 Answers | Asked in Consumer Law, Criminal Law, Traffic Tickets and Arbitration / Mediation Law for California on
Q: How do I prove that my car was illegally towed from a private property that had no legal rights
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answered on Nov 6, 2023

In California, if you believe your car was illegally towed from private property, gather evidence such as photographs of the location where the car was parked, any signage related to parking rules or towing policies, witness statements, and a copy of the property's towing policy if available.... View More

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1 Answer | Asked in Traffic Tickets and Civil Rights for California on
Q: Is it illegal to to do a search for an ID? I specifically said I don’t consent. I was walking on a ramp onto a freeway.

My car was broke and I was walking on the ramp or part of the freeway. I was scared because the officer was driving behind me and cut me off like he was angry. I didn’t identify myself and he got more upset. Another officer came and was acting normal.

I felt safer but didn’t want to... View More

James L. Arrasmith
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answered on Oct 26, 2023

In California, pedestrians are generally prohibited from walking on freeways. If an officer has reasonable suspicion that you are violating the law or are involved in criminal activity, they may detain you for a brief period. During this detention, the officer can ask for identification.... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Appeals / Appellate Law and Civil Rights for California on
Q: 3 passengers in vehicle get pulled over for front pass. No seatbelt ..front driver (registered owner vehicle ), myself f

Myself front pass. Rear passenger female..myself being on parole n probation upon search of myself I was honest n tforthcumin being in poss. Of very minute amt of narcotic that which would have not registered on a scale .upon exiting all pass. So a full search of vehicle be conducted officer... View More

James L. Arrasmith
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answered on Oct 23, 2023

Under California law, when narcotics are found in a vehicle and no one admits to ownership, law enforcement may charge the person they believe is most likely to be in possession based on the evidence. Factors include proximity to the drugs, admissions of ownership of other contraband, or prior... View More

1 Answer | Asked in Traffic Tickets for California on
Q: do i have to go to court if i pay for my ticket monthly

my court date is oct 30th the cop says i don’t have to go if pay the ticket full but want to make monthly payments instead

James L. Arrasmith
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answered on Oct 21, 2023

In California, if you decide to pay your traffic ticket (essentially admitting guilt or no contest), it's generally not necessary to appear in court, unless the ticket specifies otherwise. However, if you wish to make monthly payments, you usually need to request a payment plan, which can... View More

1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for California on
Q: how do I do the legal research to support and make a case in my administrative hearing

city of San Bernardino to contest my parking citation, where the ordinance is municipal code 10.16.020 and it appears that the city has not notified the public that this section of street is restricted for no parking with proper signage or curb paint.

James L. Arrasmith
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answered on Oct 10, 2023

To contest your parking citation, begin by thoroughly examining San Bernardino's Municipal Code, particularly Section 10.16.020, to understand the specific parking restrictions. Then, gather evidence to show the lack of proper signage or curb paint, such as photographs or videos taken at the... View More

2 Answers | Asked in Traffic Tickets for California on
Q: If you are driving on an expired drivers license, and not a current tag. The officer cited the ticket as correctable.

Can they take the vehicle?

James L. Arrasmith
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answered on Oct 10, 2023

In California, certain violations can be cited as "fix-it" tickets, also known as correctable violations. If an officer cited you for driving with an expired license or expired registration as correctable, it generally means you have the opportunity to correct the violation to reduce or... View More

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2 Answers | Asked in Traffic Tickets for California on
Q: If you are driving on an expired drivers license, and not a current tag. The officer cited the ticket as correctable.

Can they take the vehicle?

T. Augustus Claus
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answered on Oct 2, 2023

In California, driving on an expired license and tags may lead to a citation, but whether your car will be impounded can depend on local laws and the officer's discretion. Generally, the citation would note if the violation is correctable, which usually allows for reduced fines upon fixing the... View More

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2 Answers | Asked in Traffic Tickets for California on
Q: Was issued a misdemeanor CVC 27317 (a) (modified steering wheel) because it has no airbag. What should I do from here?

The officer recommended to fix the steering wheel before the court appearance and they will most likely drop it to a infraction. I'm not sure how accurate this is but I have a clean driving record with only 4 exhaust tickets. I'm worried about how this is going to affect my record, and... View More

James L. Arrasmith
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answered on Sep 21, 2023

In California, it's advisable to consult with a private attorney for a misdemeanor like this, especially if you want to explore potential options for reducing the charge or minimizing its impact on your record. Fixing the steering wheel as recommended by the officer may help your case, but an... View More

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2 Answers | Asked in Traffic Tickets for California on
Q: Was issued a misdemeanor CVC 27317 (a) (modified steering wheel) because it has no airbag. What should I do from here?

The officer recommended to fix the steering wheel before the court appearance and they will most likely drop it to a infraction. I'm not sure how accurate this is but I have a clean driving record with only 4 exhaust tickets. I'm worried about how this is going to affect my record, and... View More

David Dastrup
David Dastrup
answered on Sep 21, 2023

Shockingly, this misdemeanor is at risk of serious consequences, even up to 1 year in jail and $12,600 of a fines and penalty fees. In contrast, other vehicle code misdemeanors are often up to 90 days (e.g., reckless, exhibition of speed) or 6 months in jail (e.g., hit & run, first DUI) with a... View More

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1 Answer | Asked in Criminal Law and Traffic Tickets for California on
Q: Does driving a 97 BMW wrapped in the classic German police car look with "Polizei" (hood/trunk) break Penal Code 538d

No flashing lights, sirens, or bullhorns. Only the wrap with the German text and the German police symbol on each front door. I am doing this for "show car" but owner plans on driving it frequently. The owner will not be pulling anyone over or pretending to be a police officer in any capacity

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answered on Sep 1, 2023

Under California Penal Code 538d, it is unlawful for any vehicle to resemble a law enforcement vehicle to a degree that is likely to deceive an ordinary, reasonable person. While your vehicle does not have flashing lights, sirens, or bullhorns, the design elements like "Polizei" and the... View More

1 Answer | Asked in Municipal Law and Traffic Tickets for California on
Q: In California ,if u parked car wrong way at your house & take Keys inside &tell brother 2park it, is "CAR ABANDONED"?

When my brother went outside2park da car, the cops were already looking at the car, my brother asked/told them he'd park the car right they REFUSED to! They didn't let him! He was holding the keys on his hand! During that time they'd been harassing my family u can say, they knew my... View More

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answered on Aug 29, 2023

Under California law, a vehicle parked the wrong way on a residential street could be cited for a violation of the California Vehicle Code, but it generally would not be considered "abandoned" simply because it's parked incorrectly for a short period of time. If your brother was... View More

1 Answer | Asked in Appeals / Appellate Law and Traffic Tickets for California on
Q: Need help filing appeal with LA Superior Court for a MRCA stop sign ticket.

I appealed the ticket, MRCA denied it even though I provided photographic proof that there are no warning signs for incoming drivers that cameras are in use - and that the sign is easy to miss for a driver unfamiliar w the area. They Said I can Appeal to LA Superior Court under California... View More

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answered on Aug 29, 2023

To appeal your MRCA (Mountains Recreation and Conservation Authority) stop sign ticket in Los Angeles Superior Court under California Government Code Section 53069.4, you'll typically need to file a Notice of Appeal. Although there may not be a standard form specifically for this type of... View More

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