San Diego Traffic Lawyer

Red Light Cameras are making San Diego hundreds of thousands of dollars

admin — Sun, 20 Nov 2011 19:34:17 +0000

You can find a Red Light Camera at the following locations in San Diego:

A Street/10th Avenue
Garnet Avenue/Mission Bay Drive
Grape Street/ N. Harbor Drive
Aero Drive/Murphy Canyon Road
Del Mar Heights Road/El Camino Real
Mira Mesa Boulevard/Scranton Road
Camino Del Rio North/Mission Center Road
10th Avenue/F Street
Clairemont Mesa Boulevard/Convoy Street
Balboa Avenue/Kearny Villa Road
Camino Del Rio North/Qualcomm Way
Cleveland Avenue/Washington Street
Mira Mesa Boulevard/Westview Parkway
Nimitz Boulevard/Rosecrans Street
Genesee Avenue/N. Torrey Pines

http://www.10news.com/news/29643767/detail.html

These are only a few locations in San Diego and local officials will flatly state the cameras are reducing accidents by 50%. If you are one of the unlucky red light camera violators, you need to fight the ticket.

More and more statistics are leading to the dismissal of red light camera violations. One major flaw these life preserving lights are guilty of is “Yellow Light Timing”. Yellow light timing is possibly leading various counties to shorten yellow lights and increase the amount of traffic within the intersection [http://www.motorists.org/red-light-cameras/fairfax]. An example of this can be seen in south Del Mar at the intersection of Del Mar Height and 4ths Street.

If you are going north and making a left turn onto 4th Street, you will notice an extremely short yellow. Many documented accidents have occurred here and many more will follow. Beware of this quick yellow traffic light the next time you head through Del Mar.

San Diego Traffic Lawyer | Red Light Camera Lawyer | sdtrafficlawyer.com | (619) 550-3322

Get a Red Light Ticket in Encinitas (92024) or Solana Beach (92075)?

admin — Sat, 05 Nov 2011 15:21:45 +0000

If you have been the recipient of a Red Light Ticket on El Camino Real in Encinitas or Lomas Santa Fe in Solana Beach, you are not alone. There have been numerous red light violations since 2004. In Solana Beach, you can be ticketed $495.00 for not coming to a complete stop. Turning on to Lomas Santa Fe Drive can cost you an arm and a leg. If you are leaving Fletcher Cove after a day in the sun and commit a possible red light camera infraction, you need to fight that ticket. Just because they have you on video doesn’t mean you’re guilty. Many factors go into this type of traffic violation and I can help.

If you find yourself in a possible red light ticket violation, you need to call an experienced and knowledgeable traffic ticket lawyer. I handle cases from all over San Diego County, am successful more than not, and understand the nuances of San Diego’s red light cameras.

San Diego Traffic Lawyer | sdtrafficlawyer.com | 619-550-3322

San Diego Red Light Ticket Program Not Same as Los Angeles

admin — Mon, 10 Oct 2011 22:25:34 +0000

There is a common misconception in San Diego regarding the status of red light camera tickets. LA recently abandoned their red light camera program, and prior to the abandonment, LA courts and police were not enforcing failures to appear on red light camera tickets. If a person was issued a red light violation in LA and didn’t go to court the matter was set aside and neither the court or the police would pursue the alleged violator. San Diego has not adopted this practice, and still vigorously pursuses photo red light violations. Not showing up to court in San Diego WILL cost you – BIG TIME.

Consequences if You Don’t Go to Court

San Diego traffic courts implement a system to ensure those charged with traffic violations can’t avoid prosecution by simply failing to appear. If you fail to appear on your red light camera ticket in San Diego the court will issue a $300.00 civil assessment. The court then reports your failure to a credit collection agency named Alliance One, and the California Department of Motor vehicles. If you continue to fail to appear Alliance One will report it to all three credit bureaus daming your credit score, and the DMV will suspend your license. This will all happen within 3 – 6 months following your failure to appear. IT’S NOT WORTH IT.

Red Light Camera Tickets in San Diego – Failure to Appear: Bottom Line

The bottom line is the red light camera program in LA is different than the red light camera program in San Diego. Don’t believe the rumors about your red light camera ticket going away by not showing up – it won’t happen, and as you can see it will cost you. If you’ve been issued a photo red light violation in San Diego contact me now. Although the fine is outrageously high, and despite being caught on camera, there are still many procedural and substantive legal defenses to these violations. As a San Diego red light camera lawyer I have successfully defended many red light violations. It’s worth consulting with me first, and the consultation will cost you nothing.

San Diego Traffic Lawyer | sdtrafficlawyer.com | 619-550-3322

Traffic Ticket is with The Franchise Tax Board

admin — Wed, 20 Jul 2011 02:41:22 +0000

If you fail to appear on your traffic ticket or camera red light violation, eventually your matter will be passed from the court’s collection agency, Alliance One, and onto the Franchise Tax Board – lovely right?

The Franchise Tax Board is a state agency whose objective is to collect personal state income tax, business taxes, etc., and also court ordered debt. That is what you’ll have if you fail to appear or pay a fine you’ve incurred as a result of a traffic violation. Here’s a link to their website if you’re interested – http://www.ftb.ca.gov/index.shtml

Things to know if your traffic ticket is with the Franchise Tax Board.

Your license may also be suspended. You should check immediately
You can still fight your traffic ticket or red light camera violation
You’re no longer eligible for traffic school and must get a dismissal or amendment to avoid the point on your DMV driving record
Your fine and civil assessment may be taken from your taxes (All of it!).
If your fine is taken from your taxes it will take forever to get your money back if you win.

If you have a traffic ticket or red light camera violation and your matter is with the Franchise Tax Board contact me for a free consultation. I handle all traffic tickets and red light camera violations in San Diego and have won many cases that were turned over to the Franchise Tax Board. Don’t let them mislead you about your case.

Don’t be Mislead – You Can Still Fight Your Ticket!

The Franchise Tax Board and Alliance One often include misleading language in their letters to you about your traffic tickets to lead you to believe you can no longer fight your ticket. That’s not true. A good San Diego traffic ticket attorney can easily have your matter pulled back from the brink, set for trial and won. If you need a San Diego traffic ticket attorney for a traffic violation or red light camera ticket contact me now.

San Diego Traffic Lawyer | sdtrafficlawyer.com | 619-550-3322

Second Level Traffic School is no longer an option

admin — Sat, 09 Jul 2011 03:04:41 +0000

Most everyone knows that if you plea or are found guilty of a moving violation you may attend traffic school and avoid having a point placed on your DMV record. Traffic school is available so long as you have not attended traffic school in the prior 18 months. If you’ve attended traffic school in the 18 months prior to your violation then you are not eligible for first level traffic school, and must attend second level traffic school to keep the p0int of your DMV record. However, as of July 1, 2011, if you receive a moving violation and are not eligible for traffic school, second level traffic school will no longer be available.

I don’t know why the courts have decided to abandon granting second level traffic school. What’s important is the practical reality that stems from second level traffic school no longer being an option. Now, if you have taken first level traffic school you must have your matter dismissed or amended to a non moving violation to avoid taking a point on your DMV record.

If you’ve been cited with a traffic ticket or any other moving violation and ineligible to attend first level traffic school, contact me now. I am a qualified San Diego traffic attorney that can help you with your case. I can put you in the best position to have your case dismissed or your charge amended to a non moving violation. Don’t risk your driving record and hundreds or thousands of dollars in increased insurance rates.

San Diego Traffic Lawyer | sdtrafficlawyer.com | 619-550-3322

What is the traffic ticket amendment process?

admin — Thu, 07 Jul 2011 04:19:10 +0000

A lot of potential clients that contact me often ask the same question, “what are the odds that you can get this dismissed?” It’s understandable that clients would ask the question. Obviously a dismissal is the optimal result in any case and is possible in many traffic ticket cases. However, there is still an excellent outcome in between an outright dismissal of your traffic ticket and a finding of guilty with a denial of your request for traffic school – that is having your charge amended.

Amending your charge may come with lower fines and the possibility of not having to pay for an attend traffic school to keep a point of your driving record. In many cases this is an excellent result. Remember, a point violation on your driving record may increase your insurance rates. It really depends on your carrier, your driving record and the specific point violation. But two points on your driving record will result in a substantial increase in your insurance rates no matter what insurance company you’re with.

Here’s how it works. If the prosecution and police officer is in agreement, on the day of your trial the court will dismiss your underlying charge and recharge you with a different violation. Normally the violation in question is not a point violation and often comes with a reduced fine. In exchange for the amendment you change your plea to guilty but the vast majority of the time it is far more beneficial to take the reduced fine and non point violation rather than go to trial where you could lose everything.

An amendment keeps you traffic school eligible, avoids points on your license and makes it more likely you won’t take two points on your license in any given three year period. It’s a very beneficial outcome in many traffic ticket cases. If you’ve been cited with a traffic violation and need a qualified San Diego traffic lawyer, contact me now for a fee case evaluation. I can tell you what kind of chances you have at a dismissal or an amendment and what may be the best option for you.

San Diego Traffic Lawyer | sdtrafficlawyer.com | 619-550-3322

Negligent Operator Determination and DMV License Suspension

admin — Fri, 24 Jun 2011 19:39:03 +0000

Have you been served with a paper from the Department of Motor Vehicles which indicates your license is going to be suspended because you have too many points on your driving record? If you have, then you are not alone. Many people in California find themselves in this position, and many times it’s because they simply didn’t know how the traffic violation point count system in California works.

Law

In California the DMV may suspend your license due to the accumulation of points on your driving records over a given period of time. Under California Vehicle Code section 12809 – your license shall be suspended if the Department of Motor Vehicles determines you are a negligent or incompetent driver.

Under California Vehicle Code section 12810.5(a) – (commercial drivers don’t fall under this section) – you are presumptively a negligent driver if you accumulate the following number traffic violation points on your driving record over the related period of time:

4 or more within 12 months
6 or more within 24 months
8 or more within 36 months

Negligent Operator Hearing

If you are served a notice of suspension due to an accumulation of traffic violation points on your DVM record you are entitled to a hearing to contest your license suspension. At that hearing you may present evidence to include but not limited to:

The number of miles you travel over a given period of time
The status of any outstanding traffic violations
The need for continued use of your automobile

At this hearing it is important to have a qualified DMV lawyer familiar with Negligent Operator hearings in San Diego. Although the hearing may seem straightforward, there are many nuanced and technical legal and evidentiary issues that may arise, and their handling could mean the difference in the outcome of your matter.

Restricted License

Under California Vehicle Code section 12813 – the Department of Motor Vehicles may grant you a restricted license after suspending your license based on the determination you are a Negligent Operator. The DMV will grant you a restricted license upon a showing of good cause. The DMV may issue special restrictions or may use the restrictions on the usual license form. The DMV has broad discretion when determining whether you may obtain a restricted license after an order of suspension. This is another reason it is essential to have a qualified DMV attorney handle your Negligent Operator hearing. You want to ensure the evidence indicating good cause is presented properly and in a manner that is most likely to have the DMV issue you a restriction.

If you need San Diego DMV attorney to assist you with a license suspension and/or Negligent Operator hearing contact me now. I offer free and absolutely confidential case evaluations on all DMV license suspension cases. I charge affordable fees and have had good success handling DMV license suspension cases.

San Diego Traffic Lawyer | sdtrafficlawyer.com | 619-550-3322

How to choose a traffic school in San Diego

admin — Fri, 17 Jun 2011 19:31:28 +0000

A brief search for traffic schools in San Diego will yield a barrage of results. Often times, traffic violation defendants have a tough time choosing which traffic school is best or even approved by the courts. The reality is there are many approved traffic schools in San Diego. There are also many approved traffic schools online. You have your choice when choosing which traffic school you want to attend – it pretty much depends on what works best with your schedule. The important part is determining whether the traffic school is approved. After that it’s up to you.

Some traffic schools cost more than others. In fact, the difference in the price of traffic schools can vary greatly from one to the other. My advice is shop around. Don’t just pick the first traffic school that vaguely meets your criteria. Look into it. Ask around.

And if you want to explore fighting your traffic ticket give me a call. I offer free and absolutely confidential case evaluations. Remember, traffic school keeps the first point off your record, but for some people it may be better to attempt to have the traffic violation dismissed or amended to a non-moving violation which will prevent you from having to pay for and attend traffic school to keep the point of your DMV driving record. Once you use traffic school to keep a point off your record, you can’t do it again for 18 months, and second level traffic school is not a real option. A free evaluation may be worth it.

San Diego Traffic Lawyer | sdtrafficlawyer.com | 619-550-3322

Process at a DMV license suspension hearing arising out of a DUI charge?

admin — Wed, 15 Jun 2011 04:03:49 +0000

If you are arrested for driving under the influence your license may be suspended by the DMV. Prior to the suspension you have 10 days, following your arrest, to request a DMV license suspension hearing. At the hearing you have the right to subpoena witness, including the arresting officer and present any other relevant evidence that supports your case. The real question is, what is your case?

At a DMV license suspension hearing arising out of an arrest for driving under the influence; your case can be distilled into the following three questions:

Did the peace officer that arrested you have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140, 23152, or 23153?
Were you placed under lawful arrest?
Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?

If the answer to those three questions is yes, then it is very likely your license will be suspended. If you want to succeed at your DMV hearing it is essential to consult a DMV attorney that can assess the viability of your case and whether you have any meaningful defenses that may prevent the DMV from suspending your license.

If you’ve been arrested for driving under the influence in San Diego and need a qualified San Diego traffic attorney to represent you contact me now. I am a sophisticated San Diego DUI attorney that regularly represents clients at DMV license suspension hearings. I offer free and absolutely confidential case evaluations on all DUI cases and DMV license suspension hearings.

San Diego Traffic Lawyer | sdtrafficlawyer.com | 619-550-3322

CVC 22350, Traffic Attorneys, The Basic Speed Law, and Speed surveys

admin — Fri, 10 Jun 2011 02:32:03 +0000

California has a unique set of speeding laws compared to other states. In most states, there is only one speeding law, and in most states the speeding law simply prohibits driving over the speed limit. If an officer observes you and visually estimates you are driving over the speed limit, or uses a radar or lidar device to measure the exact speed you are traveling then you are guilty of breaking the law; presuming of course they properly admit that evidence at your trial. Simple enough, right? Not in California.

In California, the speeding law is different. Here we have two speeding laws. There is the basic speeding law, found in California Vehicle Code Section 22350, and the maximum speeding law, which can be found in California Vehicle Code Section 22349. The maximum speed operates much like the speeding laws in other states. However, the basic speed law is very different. The basic speed law prohibits, “the driving of a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.”

Under the basic speed law, the posted speed limit does not create a bright line cut off point making it a crime if you are traveling above the limit, even if only by one mile an hour. Instead, the law has built in a reasonableness standard, and takes into consideration a variety of surrounding factors to determine whether you are traveling at an unsafe speed, irrespective of the speed limit – the speed limit is just one of those factors. Other factors include those mentioned in the actual language of the statute; the weather, surface of the road, etc. Traffic conditions, whether pedistrians are present and the like will can also be considered. Moroever, if an officer uses a radar or lidar device to estimate your speed when you are charged with violating CVC 22350, there must be a valid and up to date speed survey on file or your case may be dismissed.

This law is excellent for defendants because it allows you to travel faster than the speed limit and not break the law. The law has built into it the realites of how traffic behaves on any given stretch of raod, or to put it antoher way, not all speed limits fit all stretches of roads all the time and under every circumstance. When traffic is lighter, the weather dryer and/or clearer it may well be reasonable to go 10 or 15 miles over the posted speed limit.

Despite the benefits this law presents for defendants charged with violating the basic speed law, it is still necessary to have a qualified traffic attorney present the evidence which tends to prove you were traveling at a reasonable speed, and/or attack the speed survey presented by the prosecution. If you’ve been charged with violating California Vehicle Code section 22350 (the basic speed law), contact me now. I offer quality speeding ticket defense in San Diego and free, absolutely confidential case evaluations.

San Diego Traffic Lawyer | sdtrafficlawyer.com | 619-550-3322