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Traffic Offense Frequently Asked Questions

A: The majority of moving violations are one (1) point. Reckless driving, driving under the influence (DUI) and driving more than 100 miles per hour are all two (2) point violations.
A: Your license will be suspended if you receive four (4) or more points in one year, six (6) or more points in two years, or eight (8) or more points in three years.
A: No. If you plan on contesting your ticket it is crucial that you retain an attorney experienced with handling traffic tickets. An experienced attorney understands the rules of evidence and can make appropriate objections to limit and, in some circumstances, exclude the officer�s testimony. When necessary, an attorney will negotiate with the officer to prevent a conviction to a moving violation.
A: Yes. You should consult with an attorney experienced with handling traffic tickets to discuss the nature of your case, any possible defenses and the option of having your charges reduced to a non moving violation. If you do not contest a traffic violation you will face increased insurance rates and multiple traffic violations could result in a suspension of your driving privileges.
A: If you elect to attend traffic school your insurance company will be precluded from charging increased insurance rates on the basis of the traffic violation for which you attended traffic school.
A: In California you are eligible to attend traffic school once every eighteen (18) months for a one point vehicle code violation. You may, in some circumstances, elect to appear in court or file a trial by written declaration before ultimately opting for traffic school.
A: The court can impose a civil assessment of up to $300 and in some counties the court will hold a trial in your absence and find you guilty of the traffic violation.
A: You may or may not receive a notice from the court to pay the fine or appear in court. Regardless of whether you receive notice, it is your responsibility to appear in court or pay the fine on or before the due date.
A: Yes. By signing the ticket you are promising to appear in court on or before the date listed on the ticket. If you refuse to sign the ticket you can be arrested and brought before a judge.
A: Stay in your car (unless instructed otherwise), keep your hands where the police officer can see them, do not try to talk your way out of the ticket and do not argue with the officer. The officer will note all of your statements and use them against you at trial. It is important to be courteous and never argue with the officer.
E. Michael Linscheid, Esq.

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