Fight Your Ticket & Win in California

by Brown, David W.

• ISBN13: 9781413306415
• ISBN10: 1413306411
• Edition: 12th
• Format: Paperback
• Copyright: 2007-09-30
• Publisher: Nolo

Summary

Beat a bum ticket in California traffic court with this bestselling guide.

Author Biography

David Brown practices law in the Monterey, California area. Brown, a graduate of Stanford University and the University of Santa Clara Law School, also teaches law at the Monterey College of Law. He is the author of Beat Your Ticket, The California Landlord's Law Book: Rights and Responsibilities and The Guardianship Book for California, among others. Mr. Brown lives in Monterey, California.

Table of Contents

First Things
A Typical Case	p. 4
Should You Fight Your Ticket?	p. 4
Overview Chart	p. 6
How to Read Your Ticket
What Are You Charged With?	p. 10
Are You Really Guilty?	p. 10
Other Information on Your Ticket	p. 12
Types of Tickets	p. 13
What Are the Consequences: Fines, Jail, Your "Record," and Insurance
Generally	p. 18
Overview of Specific Violations	p. 24
Out-of-State Tickets	p. 28
Speed Violations and Radar
The "Basic Speed Law" (VC [section section] 22350, 22351)	p. 34
"Technical" Defenses to Basic Speed Law Charge	p. 35
Substantive Defenses to Basic Speed Law Charge	p. 41
Speeding on Bridges, Tunnels, and Overpasses (VC [section] 22405)	p. 45
Exceeding Maximum Speed Limits-55 to 70 mph (VC [section section] 22349 & 22356)	p. 46
All About Radar	p. 48
"Laser" Detectors	p. 59
Other Moving Violations
Not Stopping	p. 63
Improper Turning (VC [section section] 22100-22106)	p. 64
Being Rude (Miscellaneous Violations)	p. 68
Non-DUI Alcohol-Related Offenses	p. 76
Illegal Drug Use/Possession	p. 78
Motorcycle Helmet Laws (VC [section] 27803)	p. 79
Violations Involving Accidents and Insurance	p. 79
Tickets That Don't Appear on Your Record
Parking Tickets	p. 84
Equipment, License, and Registration Violations	p. 86
Other Nonmoving Violations	p. 89
Federal Government Tickets	p. 92
The Serious Offenses (Misdemeanors)
Generally	p. 96
Common Vehicle Code Misdemeanors	p. 97
Driving Under the Influence (DUI)
The Offenses	p. 111
Penalties the Court Can Impose	p. 115
How Alcohol Interacts With Your Body	p. 118
Blood or Breath Tests for Alcohol	p. 122
License Suspension Penalties and Procedures	p. 128
Dealing With a DUI Charge	p. 129
Should You Fight Your Ticket/Should You Get a Lawyer?
Things to Consider	p. 138
Do You Need a Lawyer?	p. 143
Fighting an Infraction Citation
Preliminary Steps for Fighting an Infraction	p. 152
Contacting the Court Clerk	p. 168
Arraignment	p. 171
Requests You Can Make at Arraignment	p. 175
Motions After Arraignment	p. 182
After Your Motion Is Granted or Denied	p. 212
Courts Refusing to Hear Motions Before Trial	p. 212
Preparing for Trial
Overview of Formal Infraction Trial With Officer Present	p. 216
Getting Your Materials Together	p. 217
Motions You May Want to Make Before Trial	p. 224
Preparing to Deal With the Officer's Testimony	p. 226
Testimony Presented on Your Behalf	p. 257
Cross-Examination by the Prosecution	p. 263
Final Argument	p. 263
Trials Before Judge (Without a Jury)
Introduction	p. 266
Understanding the Courtroom	p. 267
Trial Procedure	p. 268
Handling a Misdeameanor Charge: Arraignment to Jury Trial
Introduction	p. 280
Arraignment	p. 280
Making Deals	p. 282
Selecting the Jury	p. 283
Trial Procedure	p. 287
Jury Instructions	p. 289
Closing Arguments	p. 294
The Judge Instructs the Jury	p. 296
Sentencing
Time for Sentencing	p. 298
Possible Sentences	p. 298
Motions to Vacate Sentence	p. 301
If You Appeal	p. 304
License Suspensions by the DMV
Too Many Violations or Accidents	p. 306
Driving With a BAC of 0.08% or More	p. 309
Refusal to Take a Blood or Breath or Roadside "PAS" Test	p. 310
Automatic Suspension or Revocation	p. 312
Holding a License in Abeyance	p. 315
Appealing a Conviction
Possible Grounds for Appeal	p. 319
The Steps in an Appeal	p. 324
Staying Out of Trouble
Avoiding the Traffic Officer	p. 348
Being Pulled Over	p. 352
Talking to the Officer	p. 354
Arrests, Searches, and Seizures	p. 361
Preparing for Your Trial-Notes and Pictures	p. 365
Accident Citations	p. 366
Where Do We Go From Here?
Appendix
Informal Discovery Request
Proof of Service by Mail
Request for Trial by Written Declaration
Request for Trial de Novo
Demand for Court Report or Electronic Recording of Proceedings
Peremptory Challenge
Subpoena
Subpoena Duces Tecum
Notice of Appeal (Infraction)
Proposed Statement on Appeal (Infraction)
Index
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