TRAFFIC INFRACTIONS
Traffic infractions can range from speeding tickets to red light tickets to driving while on a cell phone. There is a large number of infractions you can be charged with while driving on the road. Sometimes these infractions can come with a large fine to points on your license leading up to a license suspension. Do not face these charges alone, contact The Pitman Law Frim for a free consultation.
WARNING: Do Not Do This For Any Traffic Infraction
If you have received any traffic infraction the police officer and the literature on the back of the citation tell you to pay the citation, either on line or through the court clerk. DO NOT DO THIS. As soon as you pay the fee you are admitting guilt. The judgment will be added to your record and points, if any, will be assigned to your license. You will lose any ability to challenge this allegation in court. Even if you know you are guilty and feel like it is an "open and shut" case, always fight your ticket. At The Pitman Law Firm, we are very successful in either getting the charge dismissed or at the very least getting the fees reduced. Do not just pay the fee, always fight your citation.
Different Kinds of Traffic Infractions
Below is a list of possible traffic infractions you may be facing. You can either scroll through all the information or click on the infraction you wish to learn more about to skip to that section.
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General Moving Violations​
There are multitudes of possible traffic infractions. This page lists the most common. If your violation is not listed on this page, contact us for more information and a free consultation.
As you can see, this is very vague. Arguments can be made that one could drive 100 miles per hour on a deserted backroad and not be a danger to people or property. Unfortunately, the counter-argument is that you are a person and therefore you have violated VC23350 by endangering yourself. This is why speed limits are posted. It's a way to communicate a maximum speed which one can safely travel on a given stretch of road. Violating that speed limit automatically puts you in violation of VC22350. However, even if you are doing the posted speed limit, other factors, like heavy fog, may also put you in violation of VC23350 because the lack of visibility dictates a slower speed.
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Penalties
Fines and Fees
The most recognized penalty for being found guilty of violating the speed limit is the fines and fees. However, they are deceptive. California breaks down the fines of speeding tickets as:
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1 to 15 mph over the speed limit.................................$35
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16 to 25 mph over the speed limit...............................$70
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25 to 99 mph over the speed limit...............................$100
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Doing over 100 mph.................................................$500 and possible 30 day license suspension along with 2 points on your license - VC22348(b)
Note: These penalties are based on a first-time offense. For each subsequent offense the penalties increase.
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What makes these fines deceptive, is if you are found guilty of the violation, fees in the form of court costs and assessments that are assessed for each dollar of these fines. Once the fines are assessed the total fines and fees would total up to:
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1 to 15 mph over the speed limit.................................$238
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16 to 25 mph over the speed limit...............................$367
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25 to 99 mph over the speed limit...............................$490
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Doing over 100 mph..................................................up to $2,500 and possible 30 day license suspension along with 2 points on your license - VC22348(b)
Note: These are based on the penalties listed above at the time this article was written.
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Points On Your License
Depending on the facts of your case you could end up with one or two points on your driving record. These points stay active for three years. These points can affect you in a couple of ways.
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First, points on your license can lead to a license suspension for six months. Generally, if you get four points in one year, six points in two years, or eight points in three years, your license will be suspended and may actually get revoked.
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Second, points on your license lead to increases in your insurance premiums. Each insurance company is different in how they handle points on a driving record, but generally, there is a significant increase in your premium when points are added to your record. This is significant because you are not just paying for the fines and fees listed above, but increased insurance payments for approximately three years.
Speeding Tickets
Speeding tickets are defined in Vehicle Code Section 22350 as:
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No person shall drive 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. - VC22350​​​​
Running a Red Light or Red Light Violation
We are all in a hurry sometimes, or misjudge a yellow light and find our selves caught, either by a police officer or camera, running a red light.
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Red light violations are defined in Vehicle Code Section 21453 as:
(a) A driver facing a steady circular red signal alone shall stop at a marked limit line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain stopped until an indication to proceed is shown, except as provided in subdivision (b). - VC21453
Penalties
Fines and Fees
The most recognized penalty for running a red light is the fine. However, they can be deceptive because the courts add a fee to each dollar assessed for the fine. California breaks down red light violation fines as:​
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Running a Stop Sign.....................................................$35
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Illegal Right Turn At A Red Light......................................$35
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Running a Solid Or Flashing Red Light...........................$100
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What makes these fines deceptive is that the courts will add court fees and penalties for each dollar you are fined. Generally, after the court costs and assessments are added the total cost of the violation is:
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Running a Stop Sign.....................................................$238
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Illegal Right Turn At A Red Light......................................$238
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Running A Solid Or Flashing Red Light............................$490
Note: These are the penalties listed at the time this article was written.
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Points On Your License
Each red light violation will put one point on your driving record. These points stay active for three years. These points can affect you in a couple of ways.
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First, points on your license can lead to a license suspension for six months. Generally, if you get four points in one year, six points in two years, or eight points in three years, your license will be suspended and may actually get revoked.
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Second, points on your license lead to increases in your insurance premiums. Each insurance company is different in how they handle points on a driving record, but generally, there is a significant increase in your premium when points are added to your record. This is significant because you are not just paying for the fines and fees listed above, but increased insurance payments for approximately three years.
Driving While Using A Cell Phone
The rules for driving with a cell phone are defined in Vehicle Code Section 23123 as:
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A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving. - VC23123
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This vehicle code sets up that a person is allowed to talk on the phone while driving as long as they are using hands free technology like a head set or connection through the cars sterio. ​​
Due to the advent of texting and using a cell phone for GPS and navigation more rules needed to be put in place. Vehicle Code Section 23123.5 helps define how and when a person can use texting and navigation while driving.​
(a) A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.
(b) This section shall not apply to manufacturer-installed systems that are embedded in the vehicle.
(c) A handheld wireless telephone or electronic wireless communications device may be operated in a manner requiring the use of the driver’s hand while the driver is operating the vehicle only if both of the following conditions are satisfied:
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The handheld wireless telephone or electronic wireless communications device is mounted on a vehicle’s windshield in the same manner a portable Global Positioning System (GPS) is mounted pursuant to paragraph (12) of subdivision (b) of Section 26708 or is mounted on or affixed to a vehicle’s dashboard or center console in a manner that does not hinder the driver’s view of the road.
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The driver’s hand is used to activate or deactivate a feature or function of the handheld wireless telephone or wireless communications device with the motion of a single swipe or tap of the driver’s finger. - VC23123.5
Based on VC 23123 you can talk on your phone while driving as long as you are using hands free technology and under VC 23123.5 you can text as long as you use a voice to text feature so that your hands are not on the phone. Some newer cars have a voice to text feature built into their Android Auto or Apple Car Play features. Additionally, under VC 23123.5, you can use your phone navigation programs to get around as long as the phone is located in cell phone holder mounted to the windshield, dash, or center console. Unfortunately, you can still be cited for using a cell phone while driving if you are holding your phone while using the phone's navigation. This seems to be the most common reason a citation is issued.
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Penalties
Fines and Fees
The most recognized penalty for driving with a cell phone is the fine. However, they can be deceptive because the courts add a fee to each dollar assessed for the fine. California breaks down the fines for driving with a cell phone as:​
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First Offense.....................................................$20
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Second and Subsequent Offense.........................$35
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What makes these fines deceptive is that the courts will add court fees and penalties for each dollar you are fined. Generally, after the court costs and assessments are added the total cost of the violation is:
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First Offense.....................................................$162
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Second and Subsequent Offense.........................$285
Note: These are the penalties listed at the time this article was written.
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Points On Your License
The good news is that, for your first conviction of driving with a cell phone there will be no points added to your license. This means that it is very unlikely that you will receive any license suspension or insurance premium raises for a violation of driving with a cell phone. However, a point will be added to your license if get a second conviction of driving while distracted, including using a cell phone, within three years of your other conviction.