What is an Infraction on a Ticket?

An infraction is a less serious offense than a misdemeanor. The biggest difference between the two is their severity and how they are punished. Unlike a misdemeanor, you can not be incarcerated for an infraction.

Some of the most common infractions in California are:

  • Speeding, per Vehicle Code 22350 VC
  • Tailgating, per Vehicle Code 21703 VC and
  • Failure to yield to a pedestrian, per Vehicle Code 21950

Vehicle Code 22350

Vehicle Code 22350 is California’s basic speed law. This means that drivers may not exceed a speed limit that is deemed safe for the current conditions and circumstances.

22350 VC reads that “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.”

An individual cited under this infraction faces a fine. You have the option to pay the fine, attend traffic school (allowance is once every 18 months), or you can fight the ticket in court.

Vehicle Code 21703 VC

Vehicle Code 21703 VC is California’s tailgating code that prevents drivers from following too closely to one another. A driver following another may not drive closer than is “reasonable and prudent”.

If you are cited in California for tailgating you face fines, DMV points, and potentially a license suspension for negligent operation. It is best not to ignore this citation as it can lead to a failure to appear charge which can be increased to a misdemeanor.

Vehicle Code 21950

Vehicle Code 21950 requires drivers to stop for pedestrians at any marked or unmarked crosswalk. While drivers must stop for pedestrians, pedestrians must also exude safety when crossing a roadway.

If you are cited in California for failure to yield to a pedestrian you face fines, DMV points, and potentially a license suspension for negligent operation. It is best not to ignore this citation as it can lead to a failure to appear charge which can be increased to a misdemeanor.

Call Mr. Ticket!

If you choose to appear in court and fight any infraction you are cited with, you are able to hire a lawyer like Mr. Ticket to represent you!

Can I Lose my CDL for a Traffic Ticket?

Commercial driver’s license (CDL) holders are held to a higher driving standard, even while driving their personal vehicle. They often face more serious consequences than other drivers for traffic violations. Some traffic violations can lead to the revocation of a CDL holder’s privileges for a few months, years, or even for life depending on the severity of the infraction.

A violation in a commercial vehicle is subject to 1.5 the number of points for the same infraction or violation in a non-commercial vehicle. CDL holders can lose their license for up to a year if they receive: six points in a 12-month period, eight points in a 24-month period, or ten points in a 36-month period. Some violations, including a DUI, can lead to the loss of CDL privileges for life.

Speeding in a Commercial Vehicle

In the state of California, commercial vehicles are not allowed to travel over 55mph on any road or highway. To put it simply, the higher the speed the higher the speeding ticket.

  • 1-15mph over=$230-$250
  • 16-25mph over=$360-$380
  • 26+mph over=$490-$500

In addition, the DMV will add anywhere from 1-1.5 the number of points to your record.

It is important to note that you should speak with a legal representative first before you pay any fine or assume any guilt if you receive a ticket in California.

Other Common Violations

  • Driving 15mph or more over the posted speed limit, reckless driving, following too closely, improper lane changes: 60-day loss of your CDL
  • Failing to reduce speed at railroad tracks: no less than 60 days loss of driving privileges
  • Driving with a blood alcohol of .04% or greater: one-year loss of driving privileges
  • Refusal to take a breath test for suspicion of DUI or being convicted of a DUI: one-year loss of license
  • Second refusal to take a breath test for suspicion of DUI: loss of CDL for life

Can I Benefit from Traffic School as a CDL Holder?

If you are a CDL holder and you receive a traffic violation in the state of California in your personal vehicle, you may be eligible for traffic school. Completing traffic school for an off-duty citation can prevent certain infractions from touching your driving record and potentially prevent punishment from your employer. Before the law was passed in 2012 that CDL holders could complete traffic school for off-duty citations, many faced ramifications from their employers.

Circumstances Where Traffic School for CDL Holder’s is not allowed:

  • Any violation involving the use of alcohol or drugs
  • Speed violations that are 15+mph over the listed speed limit
  • Reckless Driving
  • Tailgating

If you are a CDL holder and receive a ticket in California, Call Mr. Ticket!

What Happens on a First-Time DUI Offense?

If you are facing a DUI charge in the state of California you can expect to have to plead your case to the DMV as well as to the prosecutors against criminal charges. Whether it is your first, second, or third DUI there are always consequences that you will have to face. However, the severity of the consequences can vary based on how many times you have encountered a DUI in the past. First-time offenders, with effective legal counsel, can often have the penalties reduced or avoided altogether.

What Consequences Am I Facing As A First-Time DUI Offender?

First time DUI offenders in the state of California are usually faced with a misdemeanor. Typically the punishment is fines, probation, DUI school, and driver’s license suspension.

Fines are about $390 plus “penalty assessments” totaling about $2000. You will also have to pay for a 30-hour first offender alcohol program which is approximately $500.

Some counties in California (Los Angeles, Alameda, Sacramento, and Tulare) require an ignition lock for first-time offenders for four months. This will add about a $500 cost.

Drivers License Suspension/Restriction

Suspension

A DUI arrest for alcohol automatically sets off a chain of events within the DMV that can result in the suspension of your driver’s license.

It is possible to challenge the suspension of your driver’s license with the DMV by requesting a hearing within 10 days of your arrest. If you don’t your driver’s license will automatically be suspended within 30 days of your DUI arrest date.

It can be very difficult to plead your case at the DMV hearing to challenge the suspension unless you have effective counsel to represent your case.

Restriction

It is possible, even if you have a suspended license, to get permission for a restricted driver’s license that will allow you to drive to and from work as well as your drug and alcohol program.

Will I Have To Do Jail-Time For My DUI?

Most people are released from jail after a DUI arrest within a few hours. Posting bail, in a first-time offense, is usually not necessary unless someone sustained injuries.

There is no jail time that is required for a first time DUI offense unless there are other aggravating circumstances present. Some of those circumstances would be if a minor were present in the vehicle or if the driver was going more than 25 miles per hour over the speed limit on a roadway or 30 miles per hour over on the freeway.

If you are facing a DUI charge in the state of California call Mr. Ticket to represent your case!