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California Traffic Tickets Questions & Answers
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?
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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 Criminal Law, Traffic Tickets, DUI / DWI and Domestic Violence for California on
Q: Clarification on Court Procedure for Misdemeanor Ticket?

I was issued a misdemeanor ticket (visitation schedule order) on November 22. I never violated the court order and have prepared a 32-page declaration with exhibits. The court date on the ticket is set for December 18.

During the December 18 hearing, what should I expect? Can I submit my... View More

Bradley Drew Hochberg
Bradley Drew Hochberg
answered on Dec 12, 2024

The date is for the arraignment. This is not a pretrial or trial. Plus you have to be careful what you say. Anything you say can and will be used against you. They will appoint you the public defender to represent you. They will be able to best advise and represent you. Good luck with your case.

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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: Can I file a Motion to Dismiss based on the statute of limitations if my case was dismissed without prejudice?

Details:

The alleged incident (misdemeanor: violation of a court custody visitation schedule order) occurred in March 2023.

The case was filed in court in September 2023, pausing the statute of limitations.

In December 2024, the case was dismissed without prejudice due to... View More

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answered on Dec 11, 2024

In California law, when a case is dismissed without prejudice, the statute of limitations is temporarily paused (tolled) during the time the case was pending, but it resumes running from where it left off after the dismissal. This means you would add together the time that passed before the initial... View More

1 Answer | Asked in Traffic Tickets for California on
Q: I'm fighting my 22500.1ticket or what should I do?

The ticket was issued in California at a major transit hub that serves trolleys, Greyhound buses, and other transit systems. The entire area was designated as a red zone, except for one location where the officer would not allow us to go. I recall seeing information suggesting that red zones may... View More

James L. Arrasmith
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answered on Dec 9, 2024

You have valid reasons to feel frustrated about the discrepancies on your ticket. The incorrect dates and the sudden fee increase raise questions about proper handling. Your recollection of rules allowing brief stops in red zones for unloading also adds complexity.

You might consider...
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1 Answer | Asked in Criminal Law and Traffic Tickets for California on
Q: Can I just pay car tags from the day I bought the vehicle or must pay all late fees accumulated by previous and why?

The tags 4 months behind and how can I avoid cops towing my car which is now also my home. I need help please advice.

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answered on Nov 25, 2024

When you buy a used vehicle in California, you're unfortunately required to pay all outstanding registration fees and late penalties, even those accumulated by the previous owner. This is because registration fees are tied to the vehicle itself, not the owner.

Your immediate priority...
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1 Answer | Asked in Traffic Tickets for California on
Q: I drove my friend's car and it was towed. The tow company would not release my car but my friend is traveling overseas

The tow company said they would not release my car even I paid for the towing fee. They asked either (1) my friend shows in person, but she is traveling overseas, or (2) she added my name to her insurance.

James L. Arrasmith
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answered on Nov 19, 2024

Your situation is frustrating, but there are several potential solutions to help get the car released from the tow company. Their strict policy exists to prevent unauthorized people from claiming vehicles that don't belong to them.

One immediate option is to have your friend send you a...
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1 Answer | Asked in Traffic Tickets for California on
Q: My car got impounded for expired tags. They also put a 30 day hold on the impound. Is that normal? This is california

I paid the registration fees, but was not issued the tags because of outstanding parking/toll tickets which I was in the process of taking care of when they impounded the car. Expired registration was the only violation.

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answered on Oct 21, 2024

Yes, having your car impounded for expired tags is possible in California, especially if there are outstanding parking or toll tickets. The impoundment serves as a way to enforce vehicle registration laws and ensure that all violations are addressed.

The 30-day hold on your vehicle is a...
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1 Answer | Asked in Traffic Tickets for California on
Q: is the towing illegal if i parked in a handicap space with valid handicap parking placard in private vet clinic?

Posted Sunday, 10/20/2024

For the city of Santa Monica, CA

1) Is the towing illegal if i parked in a handicap space with valid handicap parking placard in private vet clinic?

2) I have a valid handicap parking placard, assigned to me until June of 2025, I always park in the... View More

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answered on Oct 20, 2024

If you parked in a handicap space with a valid placard at a private vet clinic in Santa Monica, towing may be illegal, especially if the space is designated for handicap use and you have proper authorization. Private property owners must respect handicap parking laws, and unauthorized towing can... View More

1 Answer | Asked in Gov & Administrative Law, Government Contracts and Traffic Tickets for California on
Q: post storage hearing

Requested the hearing for the validity of the tow my stored vehicle. Sergeant said the hearing was conducted by phone, I had my registration fees on deposit and moving permit the deputy did not verify status of my registration. He removed my vehicle anyway he said my license was expired but I told... View More

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answered on Oct 14, 2024

It sounds like you’ve had a very frustrating experience, and there may have been some miscommunication or oversight regarding the release of your vehicle. The fact that the sheriff's department release form required the box to be checked, but it wasn’t, could indicate that the vehicle... View More

1 Answer | Asked in Traffic Tickets for California on
Q: I purchased a vehicle (person to person)....I purchased a (TOP) Temporary operators permit...before I could.wft erased..

Cont...get it to the smog shop a police officer gave me a ticket for expired registration..he saw the TOP (bottom right back window) but ran the plate of the previous owner that was expired for over a year...I payed all of my fees and fulfilled my obligations with the California DMV and was totally... View More

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answered on Oct 6, 2024

It sounds like you're feeling frustrated, and that's completely understandable. Dealing with a ticket when you've taken steps to comply with the law can be very upsetting.

You might consider filing a formal complaint with the police department about the officer's...
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1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for California on
Q: What cases use the 4th amendment and profiling in its proceedings? If I don't have a drivers license can it get suspende

Never had a license because I could never afford the dui classes. So I've never applied. Was recently pulled over for driving on suspended. Is there anyway to explain to the judge why I was driving? I was also searched and told I fit the profile. What does that mean?

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answered on Oct 2, 2024

In your situation, the 4th Amendment may come into play if the search during the traffic stop was unlawful. The 4th Amendment protects you from unreasonable searches and seizures, so the court might consider whether the police had valid grounds to search you. Being told that you "fit the... View More

1 Answer | Asked in Traffic Tickets for California on
Q: If the law in Arizona changed about my driver's license being suspended for a fee why cant I get my privilege in Calif?

So my license was suspended in 2011 because I couldn't respond to the abandoned vehicle notice because I was incarcerated in Maricopa county sheriff's office jails. Even so with the time comp being able to prove that fact and the law changing why is it that the infraction on my record has... View More

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answered on Sep 28, 2024

It sounds like your license suspension in Arizona stems from an incident while you were incarcerated, and despite changes in Arizona law, you're still facing restrictions on your driving privileges in California. Since the original suspension happened in Arizona, the first step is to address... View More

1 Answer | Asked in Traffic Tickets for California on
Q: 30 day hold on car that got towed for driving with suspended license car not tegistered under my name howtoreleasesooner
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answered on Sep 26, 2024

If your car was towed due to driving with a suspended license and it’s not registered in your name, getting it released before the 30-day hold can be difficult, but not impossible. You can start by contacting the tow yard and the law enforcement agency that ordered the tow to understand the... View More

1 Answer | Asked in Real Estate Law, Traffic Tickets and Collections for California on
Q: A tow company has my vehicle and will have a lien place on it if I do not pay the fee. Will a lien be put on my home?

If I do nothing and do not pay the fee to remove my vehicle from this lot, can the towing company place a lien on my property?

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answered on Sep 25, 2024

No, a towing company cannot directly place a lien on your home. If you don’t pay the fee for your vehicle, the company has the right to keep your car until payment is made or potentially sell it to recover their costs, but this action doesn't extend to your other property like your home.... View More

1 Answer | Asked in Traffic Tickets for California on
Q: Got charged with addict while driving but wrote me ticket and allowed me to drive car home. Will charge hold up in court
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answered on Sep 20, 2024

It sounds like the officer issued you a ticket but allowed you to continue driving, which is an unusual situation for a charge involving being an addict while driving. This could mean the officer believed there wasn't enough immediate danger to warrant detaining you further or impounding your... View More

1 Answer | Asked in Traffic Tickets for California on
Q: I was charged with addict while driving but he wrote me a ticket and.allowed me to drive off in my car. Will charge hold
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answered on Sep 20, 2024

It sounds like the officer issued you a ticket but allowed you to continue driving, which is an unusual situation for a charge involving being an addict while driving. This could mean the officer believed there wasn't enough immediate danger to warrant detaining you further or impounding your... View More

1 Answer | Asked in Traffic Tickets for California on
Q: What happens if an officer asks investigative questions before stating reason for stop (violating ab 2773) in 2024

Chp officer asking driver if they know why they pulled them over in California. Also asking the driver if they knew their speed prior to telling them the reason for stopping them. Passenger in car but officer showed no sign of stress or concern for kidnapping. Is that legal or does that violate ab... View More

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answered on Sep 13, 2024

Under AB 2773, California law requires officers to inform drivers of the reason for a traffic stop before asking any investigative questions. If the officer asked about your speed or if you knew why you were pulled over before telling you the reason for the stop, it could be a violation of this... View More

1 Answer | Asked in Traffic Tickets for California on
Q: Where does California code say small electric scooters are legal for kids?

According to California law, you must have a driver's license to operate an electric scooter. But, There are electric scooters for kids that are for sale (razor, gotrax). I don't see how these can be sold/used by small kids if they must have a license

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answered on Sep 12, 2024

In California, the law requires that anyone operating an electric scooter must have a valid driver's license. This rule applies to all electric scooters that are capable of speeds over 15 mph. Therefore, most scooters on public roads or bike lanes require the rider to have a license and be at... View More

1 Answer | Asked in Traffic Tickets for California on
Q: If received a ticket for your exp. reg. & tags can the cops still tow your vehicle if it's before your ticket court date
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answered on Sep 10, 2024

If you received a ticket for expired registration and tags in California, law enforcement officers can still tow your vehicle, even before your court date. The ticket does not provide immunity from towing, and the vehicle is considered not legally registered if the tags are expired. If an officer... View More

1 Answer | Asked in Traffic Tickets for California on
Q: My car was lawfully parked but had a clear license plate shield. Is a citation for violation of 5201.1. correctable?

The clear acrylic shield purchased from AutoZone attached to my automobile was not sold by me, nor does it (or is it intended to) obscure the reading or recognition of the license plate by visual means, nor do I "operate" my noncommercial private automobile CVC 260(b) in any commercial... View More

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answered on Sep 1, 2024

You can contest the ticket by showing that the clear license plate shield has been removed. California Vehicle Code Section 5201.1 prohibits any covering or material that obstructs or impairs the reading or recognition of the license plate by visual means, regardless of the material's... View More

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