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Traffic Tickets Questions & Answers
1 Answer | Asked in Constitutional Law and Traffic Tickets for South Carolina on
Q: In ga can the police search my car on private property parked and for a traffic violation

At a store while parked the officer pulls behind the vehicle and turns on the blues and said that the plates was blocked and proceeded to question and search the vehicle after being told it was not wanted

James L. Arrasmith
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answered on Jul 20, 2024

In Georgia, the police typically need a warrant to search your car, but there are exceptions. If an officer has probable cause to believe that your car contains evidence of a crime, they can search it without a warrant. Probable cause might arise from seeing illegal items in plain view or smelling... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Appeals / Appellate Law for California on
Q: Can I sue for false imprisonment? My DUI case was dismissed in County Court, but I’m still being charged with by DMV

In Nov. 2023 I was wrongfully arrested for a DUI.

I was on my way to being dropped off at home after a night out with coworkers. Upon that travel, my co worker driving in front of us had been pulled over by CHP. (Mind you, my home was a block away from the restaurant).

Myself and... View More

James L. Arrasmith
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answered on Jul 20, 2024

In California, you can consider suing for false imprisonment if you believe you were wrongfully arrested and detained. In your case, if your DUI charge was dismissed in County Court, but the DMV is still pursuing action against you, there are specific legal avenues you can explore. It’s important... View More

2 Answers | Asked in Traffic Tickets for California on
Q: how much time do I have to drive with tint?

Hello, I live in Sacramento, CA. I was issued a fix-it ticket regarding tinting until October 10. Can I drive with the tinting until October, or do I need to remove it during some other period?

Robert Kane
Robert Kane
answered on Jul 13, 2024

You need to have it fixed before driving the vehicle. You can be issued additional tickets.

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1 Answer | Asked in Criminal Law and Traffic Tickets for Tennessee on
Q: What will happen when my daughter has to go to the county jail for "processing"?

She was stopped for speeding in Jackson TN two days ago. The officer told her that she was driving with a suspended AL license of which she was unaware. Investigating, she found that AL had suspended her license because while getting a speeding ticket last year she showed the officer a picture on... View More

Anthony M. Avery
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answered on Jul 11, 2024

She will probably be booked, involving search, fingerprints, and mug shot. This is more convenient and cheaper than being arrested. The important thing is to take care of that DL. She needs to get all the information she can out of the issuing authority so that she has a DL and possibly get... View More

1 Answer | Asked in Traffic Tickets for New York on
Q: Is there a way I can get my tickets reduced?

What should I do if I got 2 tickets, one being “speed not reasonable and prudent” but the speed was not listed on the ticket, and the other “moved from lane unsafely”. I double yellowed a car going a little below the speed limit and just as I did, a cop was a little ahead and saw me do... View More

Aubrey Claudius Galloway
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answered on Jul 8, 2024

If there is a way to plead not guilty online then I would do that and click on “request a hearing”. Many jurisdictions will simply give you an offer at that point and you can resolve the ticket for less. If not, go to the hearing and explain yourself (often times they have a court clerk to... View More

1 Answer | Asked in Traffic Tickets for Louisiana on
Q: I have tickets in Scott la why are the charges not according to the code ordinance?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 8, 2024

Many reasons. A lot of times it dependings on the authority issuing you tickets--Scott police or State police. For example, state highways go through the town of Scott and sometimes Louisiana state police issue tickets on state highways inside the town of Scott----I would this law enforcement... View More

1 Answer | Asked in Traffic Tickets for Colorado on
Q: I lived in Colorado 10yrs ago, and got a ticket that year (sometime between April 2013-May 2014) that I had forgotten ab

Well, I went to renew my Texas drivers license today and was told that I can’t because of this ticket. How in the world do I even address this? What’s that statute of limitations?

Kimberly Diego
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answered on Jul 5, 2024

A warrant in a traffic case will cause an OJW hold on your license. You will simply need to resolve the outstanding ticket. If you retain a Colorado attorney, they can file a motion asking to vacate the warrant and schedule the case for appearance and resolve the ticket. The clearing of the... View More

1 Answer | Asked in Traffic Tickets for Colorado on
Q: I was stopped for speeding. 52 in a 30. Seems fast to me but I'm not contesting I was going faster than the S. Limit.

Should I go to court and talk to the judge about lowering points (possibly the fine too)? I've lived here (in CO) 10+ years & have never received a ticket. I'm normally a cruise control guy & don't speed. I support a family of 6 on 1 income (mine) and I drive for work... View More

Kimberly Diego
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answered on Jul 5, 2024

It would be the prosecuting attorney to whom the request for the reduction in points could be made. You may improve your probability of getting a suitable reduction by proactively engaging in a traffic class offered through court approved providers such as CIMA or ISAE. Different jurisdictions... View More

1 Answer | Asked in Traffic Tickets for New York on
Q: Are traffic citations considered bills of Attainder?

My friend was wondering if traffic tickets are considered bills of attainder. And if not what the difference between a ticket and a bill of attainder actually is

Tim Akpinar
Tim Akpinar
answered on Jul 4, 2024

A traffic ticket defense attorney could have more insight into your question, but it remains open for three weeks. Until you are able to consult with a traffic ticket attorney, I'm not aware of a connection. Bills of attainder, which are banned by the U.S. Constitution (Art. I - "No Bill... View More

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: If I got my first speeding ticket for going 38 in a 25mph can I possibly plea it down to improper equipment?

I have never used this and have been a great driving record.

Neubia Harris
Neubia Harris
answered on Jul 2, 2024

It is possible that an Assistant District Attorney will plead this down to improper equipment. You should have a copy of your driving record with you when you go to your first appearance. If it is clean, and you have had no other traffic infractions, you are more likely to get the remedy you... View More

1 Answer | Asked in Traffic Tickets for California on
Q: Do I have a case to fight this red light camera ticket?

Around Jan, my brother received a ticket for turning right on a red light. Did not stop so the camera snap photos. However, he wasn’t the driver. He thought it was me so he told me to sent him my DL. I know it wasn’t him so I gave my DL.

I received the ticket early March, but I... View More

James L. Arrasmith
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answered on Jun 25, 2024

Based on the information provided, you may have a case to contest this red light camera ticket. Here are some key points to consider:

1. Misidentification: You were initially misidentified as the driver, which already introduces doubt into the case.

2. Alibi: According to your...
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1 Answer | Asked in Traffic Tickets for California on
Q: someone was driving my vehicle without me present. I received a ticket under the other drivers name for tint

she was pulled over for speeding and I got a ticket under her name for tint. how is this legal?

James L. Arrasmith
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answered on Jun 24, 2024

This situation sounds confusing and potentially problematic. Here's a breakdown of the legal issues and some advice on how to proceed:

1. Driver responsibility:

Typically, the driver operating a vehicle is responsible for traffic violations committed while driving, including...
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1 Answer | Asked in Traffic Tickets for Texas on
Q: If I take a defensive driving course does that make me liable for civil charges In a following too closely ticket?

We were both ticketed. She was originally going to be ticketed for no signal but ended up ticketed for no license after I left

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

No. Taking a defensive driving course should not impact whether a jury finds that you caused a collision by following too closely. Similarly, the other driver being ticketed for no license will likely have no impact on whether she caused the collision.

On the other hand, evidence that you...
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1 Answer | Asked in Traffic Tickets for New York on
Q: I received two tickets in 2022 and the court date has been postponed 4+ times. Do I still have to go?

As the title suggests, the court has postponed my hearing more than 4 times. I submitted my evidence the day it happened. Are the points still valid? Did they ever take away the points from my license? If there comes a date when they don't postpone it, do I still have to go to court? How long... View More

Zev Goldstein
Zev Goldstein
answered on Jun 23, 2024

Are the points still valid? Points go on your record only, and only if you are convicted by plea, trial, or default.

Did they ever take away the points from my license? DMV maintains a lifetime record. However, the public record only maintains the points for four (4) years.

If...
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1 Answer | Asked in Traffic Tickets and Criminal Law for Illinois on
Q: 63 in a 35 have to appear in court

for a first offense what would likely be the punishment

Brandon K. Davis
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Brandon K. Davis
answered on Jun 23, 2024

Speeding 26-34 over is a Class B misdemeanor under Illinois law. This is a criminal offense, which is why you have a mandatory court appearance. An attorney can certainly assist and help ensure you receive the best possible result.

2 Answers | Asked in Personal Injury, Traffic Tickets and Car Accidents for Michigan on
Q: Seeking Legal Advice After Traffic Accident

Last week, my wife was involved in a car accident where she was going straight and collided with a vehicle turning left. She asserts she was moving on a yellow light, whereas the other driver claims he waited for a red light to turn green and then moved. Following the incident, the police issued my... View More

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2024

I think you'll find yourself coming out the same or better without hiring an attorney. The ticket isn't going to be significantly outcome determinate here. Your wife can ask for a formal hearing on it, and try negotiating for a zero point ticket for what it's worth. The insurance... View More

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2 Answers | Asked in Personal Injury, Traffic Tickets and Car Accidents for Michigan on
Q: Seeking Legal Advice After Traffic Accident

Last week, my wife was involved in a car accident where she was going straight and collided with a vehicle turning left. She asserts she was moving on a yellow light, whereas the other driver claims he waited for a red light to turn green and then moved. Following the incident, the police issued my... View More

Tim Akpinar
Tim Akpinar
answered on Jun 20, 2024

One of your options might be to try to arrange a free initial consult with an attorney. I hope you wife is okay. Depending on whether she has the basis to move forward with a claim for her hand injuries, the determination of liability could be important in a comparative negligence setting with the... View More

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1 Answer | Asked in Traffic Tickets for California on
Q: Is my traffic ticket case winnable?

Hello, I received a red light camera ticket 4.5months after the violation date. The ticket was wrongly issued to my brother and now has been passed on to me. However, my car is often casually borrowed and I have timesheet showing I was at work at the time. The picture is, in my opinion, too blurry... View More

James L. Arrasmith
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answered on Jun 19, 2024

Under California law, contesting a red light camera ticket can be winnable if you have compelling evidence. The fact that you received the ticket 4.5 months after the violation might help your case, as timely notification is crucial. Additionally, showing that the ticket was initially issued to... View More

1 Answer | Asked in Immigration Law and Traffic Tickets for Nebraska on
Q: Will my 1 violation with 3 offenses impact my citizenship test?

I am living at Omaha, NE. I'm a college student. In February 2024, the County department ticketed me for 21 mph over the speed limit, passing in a no passing zone and careless driving.

In my case, the county attorney dismissed the Speeding and the Careless Driving on the face of the... View More

James L. Arrasmith
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answered on Jun 19, 2024

When filling out the N-400 form, it's important to disclose all information about any citations or offenses, even if they were dismissed or reduced. For questions 15a and 15b, you should answer "yes" since you were cited and charged initially. You should then provide an explanation... View More

1 Answer | Asked in Traffic Tickets for California on
Q: is a violation of California vehicle code section 23111 a moving violation
James L. Arrasmith
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answered on Jun 19, 2024

To determine if a violation of California Vehicle Code Section 23111 is considered a moving violation, let's first look at what this code section covers.

California Vehicle Code Section 23111 states:

"No person in any vehicle and no pedestrian shall throw or discharge from...
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