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Brown LAW for ALL FOURTEENTH EDITION JULY 2011 Editor JINAH LEE Cover Design SUSAN PUTNEY Production MARGARET LIVINGSTON Proofreading ROBERT WELLS Index SONGBIRD INDEXING Printing BANG PRINTING Brown, David Wayne, 1949- Fight your ticket & win in California / by David W. Brown. — 14th ed. p. cm. Includes index. Summary: “Provides proven techniques for challenging nearly every type of traffi c violation in California courts.  e 14th edition is updated to incorporate changes in California law, enforcement policies and fi nes”—Provided by publisher. ISBN-13: 978-1-4133-1396-3 (pbk.) ISBN-10: 1-4133-1396-5 (pbk.) ISBN-13: 978-1-4133-1573-8 (epub e-book) 1. Traffi c violations—California—Popular works. 2. Traffi c courts—California—Popular works. I. Title. II. Title: Fight your ticket and win in California. KFC477.B76 2011 345.794'0247—dc22 2011002078 Copyright © 1982, 1987, 1991, 1992, 1995, 1997, 1999, 2001, 2003, 2005, 2007, 2009, and 2011 by David Brown. All rights reserved.  e NOLO trademark is registered in the U.S. Patent and Trademark Offi ce. Printed in the U.S.A. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission. Reproduction prohibitions do not apply to the forms contained in this product when reproduced for personal use. For information on bulk purchases or corporate premium sales, please contact the Special Sales Department. Call 800-955-4775 or write to Nolo, 950 Parker Street, Berkeley, California 94710. Please note We believe accurate, plain-English legal information should help you solve many of your own legal problems. But this text is not a substitute for personalized advice from a knowledgeable lawyer. If you want the help of a trained professional—and we’ll always point out situations in which we think that’s a good idea—consult an attorney licensed to practice in your state. Acknowledgments is book could not have been published without the generous assistance of many people. I’d especially like to gratefully acknowledge the major contributions of Ralph (“Jake”) Warner and Peter Jan Honigsberg, whose incisive editing and folksy phraseology have added readability, clarity, and brevity to this book. Also, a big smile and an even bigger chuckle for Linda Allison, whose characteristically wonderful illustrations have actually succeeded in bringing a smile to the law. anks also to Nolo editors Spencer Sherman, Janet Portman, Patti Gima, Lisa Guerin, Rich Stim, Albin Renauer, and Steve Elias. Special thanks to Attorney David Olenczuk, who has been putting this book to practical use while developing even more elaborate strategies to contest unjust traffic tickets. David incorporated these strategies into the sixth edition and essentially made it a new book. Finally, many thanks to the webmaster of www.highwayrobbery.net, for his thorough critique (on the site) of the 11th and 12th editions. He has helped to make each subsequent edition a more up-to-date resource. Table of Contents Your Legal Companion for Fighting Your Ticket 1 First ings A Typical Case 4 Should You Fight Your Ticket? 4 Overview Chart 6 2 How to Read Your Ticket What Are You Charged With? 10 Are You Really Guilty? 10 Other Information on Your Ticket 12 Types of Tickets 13 3 What Are the Consequences? Fines, Jail, Your “Record,” and Insurance Generally 18 Overview of Specific Violations 24 Out-of-State Tickets 28 4 Speed Violations and Radar e “Basic Speed Law” (VC §§ 22350, 22351) 32 “Technical” Defenses to Basic Speed Law Charge 33 Substantive Defenses to Basic Speed Law Charge 39 Speeding on Bridges, Tunnels, and Overpasses (VC § 22405) 43 Exceeding Maximum Speed Limits—55 to 70 mph (VC §§ 22349, 22356) 44 All About Radar 46 “Laser” Detectors 57 5 Other Moving Violations Not Stopping 61 Improper Turning (VC §§ 22100–22106) 62 Being Rude (Miscellaneous Violations) 66 Non-DUI Alcohol-Related Offenses 74 Illegal Drug Use/Possession 77 Motorcycle Helmet Laws (VC § 27803) 77 Violations Involving Accidents and Insurance 77 6 Tickets at Don’t Appear on Your Record Parking Tickets 82 Equipment, License, and Registration Violations 84 Other Nonmoving Violations 87 Federal Government Tickets 90 7 e Serious Offenses (Misdemeanors) Generally 94 Common Vehicle Code Misdemeanors 95 Reduction of Misdemeanor Offense to Infraction 106 8 Driving Under the Influence (DUI) e Offenses 109 Penalties the Court Can Impose 113 How Alcohol Interacts With Your Body 116 Blood or Breath Tests for Alcohol 120 License Suspension Penalties and Procedures 126 Dealing With a DUI Charge 127 9 Should You Fight Your Ticket/ Should You Get a Lawyer? ings to Consider 136 Do You Need a Lawyer? 141 10 Fighting an Infraction Citation Preliminary Steps for Fighting an Infraction 150 Contacting the Court Clerk 165 [...]... at a deserted intersection? The problem is, when mere technical violations end up costing $250 in fines, adding points to your driving record and dollars to your insurance rates, they have a way of getting under your skin You don’t think you deserved the ticket Why do the police waste time on you, when they could be doing serious work? In this situation too, you may wish to fight your ticket, either... Can you get your case dis­ issed by attending traffic school? Do you m want to spend the time and effort it will take to fight your ticket effectively? This book will help you answer all these questions Once you understand the consequences of not fighting your ticket, you should try to determine your chances of winning, taking into account these tips: chapter 1 | First things | 5 • The main way to beat... guiding you through the process and explaining the traffic laws in a down-to-earth, easy-to-understand manner ● 1 C H A P T E R First Things A Typical Case .4 Should You Fight Your Ticket? .4 Overview Chart 6 4 | fight your ticket & WIN in california A Typical Case You’re driving home from your friend’s place after a beau­ iful, romantic Friday evening... Driving Under the Influence (DUI) 27 Non-DUI Alcohol-Related Offenses (Open Container, etc.) 27 Ignoring a Ticket, Failing to Appear in Court, or Failing to Pay a Fine 27 Out-of-State Tickets 28 Arrests for Out-of-State Violations 28 Your Driving Record 28 If You Ignore an Out-of-State Ticket 28 18 | fight your ticket & WIN in california. .. exceeding is 60 mph or less You’ll find numerous ways to fight a speeding ticket in Chapter 4 In sum, speeding tickets are often worth fight ng, and by ­ sing the suggested i u defenses and procedural shortcuts provided in this book, you have a decent chance of winning If all else fails, you can hope that the officer doesn’t show up at trial and your case will be dismissed As shown above, the base fine... this could be happening to you The officer spins out, off to catch another “criminal.” If you don’t fight the ticket, you may very well end up: • paying a fine you can barely afford • paying a higher insurance premium for the next three to five years, and • starting or adding to a bad driving record with the DMV Should You Fight Your Ticket? Does it make sense for you to fight your ticket? The answer... within that period, the record of your prior violations can result in stiffer penalties When you get auto insurance, your insurer will ask you to authorize them to view your driving record at any further date Thus, a new offense on your record may result in an insurance rate increase How your rates are affected by your driving record depends on your individual company You may want to call your insurance... thousands of seemingly hope­ess cases are won l when police officers fail to show up in court to testify.) A determined person can achieve great success in traffic court if he or she knows what to do In deciding whether or not to fight, you should first con­ ider the consequences of giving s up and ­ aying the ticket Will your insurance p rates increase? Will you increase your chances of losing your. .. of rolling through a stop sign when in fact you did come to a complete stop When you get a ticket under these circumstances, and realize that you will have to u ­ ndergo what can be a considerable hassle to fight it, you will most likely be torn between giving it a good fight and cutting your losses by paying your fine and getting on with your life What about the times when you were doing something wrong,... system and fight your ticket The message of this book is a simple one If you want to fight your ticket whether for parking or for a moving violation—you can only do so effectively if you’re well prepared and know your rights To help you fight your ticket, we: • instruct you on how to look up, read, and understand the specific law you allegedly violated so you might discover a few technicalities of your . WELLS Index SONGBIRD INDEXING Printing BANG PRINTING Brown, David Wayne, 1949- Fight your ticket & win in California / by David W. Brown. — 14th ed. p. cm. Includes index. Summary: “Provides. Brown Fight 14th Edition • Successfully present your case in court • Challenge speeding citations and other violations • Determine if your ticket is beatable California in Ticket & Win Free. giving it a good fight and cutting your losses by paying your fine and getting on with your life. What about the times when you were doing something wrong, but not wrong enough, in your opinion,