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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