Category Archives: Moving Violations

I Got A Speeding Ticket While Visiting California – Do I Have To Pay It?

I Got A Speeding Ticket While Visiting California – Do I Have To Pay It?

While in years past it was sometimes common to rip up an out-of-state speeding ticket, this practice is no longer acceptable. Individual states now share large amounts of information, including information about traffic tickets. Letting a speeding ticket go unpaid can have serious effects on your driving record, even if that ticket wasn’t issued in your home state.

Millions of visitors flock to California every year for the sunshine, beaches and palm trees as well as the skiing, national parks and many other sights the great state of California has to offer. These visitors are at just as much of a risk of getting a speeding ticket as the locals themselves. If you’ve gotten a ticket while visiting California, you have options!

Pay the Ticket

Your first option is simply to pay the out-of-state ticket and be done with it. This option is certainly the fastest, but it’s not ideal. A traffic fine is never as simple as it seems. Paying a ticket is an admission of guilt and can come with other consequences in both your home state and California. California applies points to your drivers license for speeding tickets (and your home state might, too, making it extra painful), and these points remain even after the ticket has been paid. There’s only a matter of time until your insurance company is notified and your rates go up. Lucky for you, there’s a better option than simply paying your speeding ticket.

Hire Professional Representation

The better way to handle an out-of-state speeding ticket is to fight it. Fighting a ticket often requires you to attend court in person in California, which can be difficult and expensive if you live in another state. Instead, hire an attorney to represent you. They will negotiate the ticket to have it thrown out, or at the very least reduced to a no-point violation where you simply pay the fine and then the ticket is gone.

Mr. Ticket Will Handle Your Out-Of-State Speeding Ticket

As you can see, if you get a speeding ticket in California your best option is to seek legal representation. Mr. Ticket is the man for the job! He and his team will handle everything from start to finish, saving you from wasting your valuable time in court. Call us today for and let us fight your speeding ticket for you!

DUI vs DWI – What’s the Difference?

DUI vs. DWI – What’s the Difference?

You’ve likely heard both the terms “DUI” and “DWI” when it comes to drunk driving arrests, but what is the difference between the two?

  • DUI stands for Driving Under the Influence
  • DWI means Driving While Intoxicated
  • Both refer to driving while impaired by some substance, whether alcohol or drugs.

In some states, the terms DUI and DWI refer to two different infractions. A DUI indicates that a person has alcohol in their system. This infraction is easier to prove since a simple breathalyzer test can show the presence of alcohol. A DWI, however, is a little more complicated to prove since it requires significant evidence that the driver is absolutely impaired. Of the two, DWI’s tend to have more severe consequences and be a more serious charge.

Recently, most states have stopped separating DUI and DWI infractions. In these states, including California, the two terms are used interchangeably. The state of California exclusively uses DUI, though you may still see DWI used in some cases since it’s such a familiar term. Whether convicted of a DUI due to drugs or alcohol, in California the charges and penalties are the same.

DUI in California

A first time DUI offense in California is classified as a misdemeanor and the penalty typically involves 3-5 years of probation as well as hundreds or even thousands of dollars in fines. Additionally, an ignition interlock device is installed in the vehicle of the offender, requiring the driver to pass a breathalyzer test before operating the vehicle. Other penalties of a DUI conviction include required DUI school, a 6-month driver’s license suspension, and even up to six months in jail.

In the cases where a DUI is not the first offense, the consequences are far more severe. Longer jail time and more expensive fines are just the start. The requirements for DUI school are extended, and driver’s license suspensions may last longer.

Mr. Ticket Can Help With Your Drunk Driving Arrest

If you’ve been arrested for drunk driving in California, it’s important to seek legal representation right away. Mr. Ticket is practiced in representing clients in traffic violations and will protect your rights while helping to minimize consequences. Contact us today to schedule an appointment with a licensed attorney.

What Happens When I Get a Ticket?

No one likes that sinking feeling when you see flashing lights in your rearview mirror. You pull over and try to wait patiently as the police officer runs your information and writes you a ticket. There are so many negative consequences to being pulled over, but drivers often forget about the far-reaching effects of a potential moving violation. 

Consequences of a Ticket

  1. Late. Getting pulled over stops you on your journey and usually upsets the flow of your day. We can’t do much about the initial consequence of making you late and ruining your day, but it is important to note this unpleasant effect. 
  2. Additional Infractions. Unfortunately many who are pulled over discover additional infractions related to insurance, registration, and outstanding warrants when their personal and vehicle information is run. What starts as a pricey speeding ticket can turn into an expensive surprise. 
  3. Ticket Expense. Speeding tickets usually range in the hundreds of dollars, depending on how fast you were going, the speed limit in the area, and other factors such as construction and school zones. It’s pricey and usually must be paid within a time frame of 60 or 90 days. Sometimes tickets need to be paid in person, taking time as well as money. 
  4. Record Points. For each violation your license will accrue “points.” If a significant number of points are collected you can have your license suspended. It’s important to monitor these points and when they’ll fall off your record. 
  5. Insurance Spikes. Tickets, even small ones, can cause your insurance rates to rise. This is especially true if you’re in a high-risk group or already have tickets and accidents on your record. 

As you can see, the cost of a ticket is far greater than the listed dollar amount. The implications can be more serious than you expected. That’s why Mr. Ticket is here to help you avoid most of these negative consequences.

What are my rights during a traffic stop?

Traffic stops are incredibly common throughout the nation, but far too many drivers fail to understand their basic rights. Police are supposed to protect the rights of all citizens regardless of the traffic infraction, but unfortunately that’s not always the case. It’s important that every individual understands their rights when driving a car so that they can keep themselves and others safe. 

 

Silence – the fifth amendment guarantees this right to everyone, including drivers who have been pulled over. Regardless of the reason for the traffic stop you have the right to remain silent. The right to remain silent isn’t just for the driver—it’s also for the passengers. 

 

Lawyer – if you are arrested or it appears that the situation is growing more tense, you are within your rights to call a lawyer to represent you. We recommend calling us right away for assistance and protection. 

 

Searches – without a warrant, police can search your car if you give consent, if they’re able to see something in “plain view,” if you’ve been arrested, or if they have probable cause (such as seeing blood or weapons). Without something in obvious view or clear and reported probable cause, you do not have to allow a search of your car. 

 

Recording – recording videos of police officers has been a hot topic recently, and it’s important to cover. You are within your rights to record any traffic stop. You should comply with reasonable requests, such as showing your hands, and you cannot interfere or obstruct their actions. They cannot demand to see any photos or videos. 

Drive safely and make sure you’re always aware of your rights as a driver and passenger. If you run into any trouble, don’t hesitate to use our services to protect your rights and future.

Court: Police can’t stop you for vulgar hand gestures

According to a recent court ruling, the Constitution protects your right to flip off a police officer, should you choose to do so. It’s essentially free speech, and they can’t detain you or issue you a ticket just because they do not appreciate it.

The reason this issue ended up in court is that a woman was allegedly speeding when a police officer pulled her over. Rather than giving her a speeding ticket, he gave her a non-moving violation.

While many people may have been pleased just to get a smaller ticket, the woman was still angry that he had stopped her at all. She flipped him off as she drove away, after the stop was done.

Outraged, the officer pulled her over again. He got rid of the non-moving violation and gave her the speeding ticket instead.

The key to this entire thing is that he had to stop her again. She argued that he had no right to do so because she had not broken the law at that point. The court agreed, saying that it was fine that he pulled her over once for speeding. However, he then violated her rights by stopping her again to change the ticket.

Experts say that, while this case is important, one potential underlying issue is that it shows how people often have to take drastic steps and go through a lengthy court process just to make sure that police do not violate their rights. A lot of people won’t do that. Consequently, things happen that never get reported.

If you find yourself in a similar situation, be sure you know about all of your legal rights.

Are you obligated to have insurance in California?

Car insurance sounds like something that should be your own personal choice, like life insurance. If you want to take the risk and drive without it, knowing you’ll have to cover the costs if you get into an accident, shouldn’t you be able to do that?

It is important to note that this is not how lawmakers see it at all. You have a legal obligation to carry insurance. It’s one of the main things that a police officer will ask you for after an accident or even if you get pulled over. You need to prove that you have valid coverage while showing that you have a license and that the car is properly registered in your name.

So, what if you decide to ignore this law and drive without insurance?

When you get caught, even for nothing more than a first offense, you’ll face stiff fines. They started between $100 and $200, but that doesn’t tell the whole story. You also need to pay a penalty assessment on top of that. For every $10 that you get fined, that assessment costs you another $26. Therefore, if you got a $100 fine, you’d also have to pay $260 in assessment fees, for a total of $360. You could end up paying as much as $720. If they want to, the court may also have the power to take your vehicle away and have it impounded.

As you can see, this is not something to take lightly. If you find yourself facing fines and fees, you need to know about all of the defense options you have.

Why can’t you use your phone in the car?

In California, it’s not just texting and driving that is illegal. You’re essentially not allowed to use your phone in any way. That means no calls, no pictures, no videos — nothing. If the police see you with your phone in your hand, you can face legal trouble.

Why is the law so strict? Other states have also banned texting and driving, but not even all of them have done that. Why did lawmakers in California take things so far?

There are a lot of reasons, but it all comes back to distraction. People get distracted by their phones in numerous different ways. Texting is perhaps the main one, but that does not mean it’s the only one.

For instance, one police officer gave this account of what he saw on the state’s highways: “Sometimes when we’re at scenes of accidents, I have people that pass by during, trying to film the incident and that is definitely unsafe to drive like that through an incident.”

People want to get those striking videos to share with friends on social media but that type of distraction can cause secondary accidents. It can put police officers and other emergency workers in danger. That’s why California made the law so strict. It also makes it easier for officers to give out tickets since they don’t have to prove someone was specifically texting at the time.

It is important for you to know how this law works, especially if you’re not from California, and you’re not used to this strict type of policing. Make sure you also know your rights if you get a ticket.

Study: Hit-and-run accidents growing more common

Hit-and-run accidents have always happened, but recent reports indicate that they are quickly growing more common. One study, which looked at accidents involving fatalities, found that they went up by 60 percent in less than a decade. The study looked at the changes in incidents from 2009 to 2016.

Most of the hit-and-runs actually did not involve other cars — particularly when looking at fatal crashes. About 65 percent of the incidents involved cyclists and pedestrians.

Of course, most accidents are not fatal. Over the decade before 2016, statistics indicate that there were an average of 682,000 hit-and-run accidents every single year. Many just resulted in property damage. In fact, a lot of these accidents tend to involve parked cars, and the cars’ owners may only find out about the accidents long after they happened.

How common is this in California? The study ranked the states based on the deadly hit-and-run crashes, and it found that California ranked in at No. 7 overall. This study was done on a per capita basis, so it takes into account that California has far more residents than states like Vermont (No. 46), New Mexico (No. 1), New Hampshire (No. 50) and Louisiana (No. 2).

Hit-and-run accidents happen for many different reasons. In some cases, drivers honestly do not realize they made contact with another vehicle and drive away from the scene without any malicious intent. No matter what happened in your case or why you have been accused of leaving the accident scene, make sure you understand all of the legal defense options you have when facing these serious charges.

Can you always turn right on red?

As you probably know, it is often legal to turn right on a red light. You simply have to stop like you usually would at the intersection — at the limit line or the crosswalk — and then you can turn right when there is a break in traffic. But can you always turn right on red?

You can’t. There are some exceptions to this rule.

First and foremost, if there is a red arrow, it is illegal to make that turn. A red arrow is not the same as a red light. What it indicates is that the right turns are specifically light-controlled at that intersection. You can only turn if it is green or a flashing yellow. When it turns red, you have to stop and wait, even if the traffic clears.

Another exception is if the intersection has a sign specifically telling you not to turn right on red. Many drivers forget to even check because they are so used to turning. You need to look carefully. Failing to see the sign, or failing to read it, is not an excuse for turning.

Finally, as at any intersection, you must wait if there are pedestrians who are using the crosswalk. Even if the traffic clears and you have properly come to a stop at the line, wait for them to get out of the crosswalk entirely before you turn.

As you can see, driving rules are not always as simple and consistent as you may have assumed. Exceptions can lead to mistakes, which can then lead to tickets. Make sure you know what legal options you have.

New study finds California drivers third worst in the country

A new study has found that California drivers are the third worst in the United States. The study, conducted by SmartAsset, was released earlier this month. The data compiled put California in a tie with Missouri for third place and just behind Mississippi and Tennessee for the worst drivers in America.

There were four important factors taken into consideration by SmartAsset as the study was compiled:

  • Average number of fatalities per miles driven
  • Percentage of drivers who have insurance
  • Number of times residents of each state search the internet using terms like “speeding ticket” and “traffic ticket”
  • The number of DUI convictions each driver has on their record

According to the report from the study, California drivers have more to worry about than just congestion. The state ranks 12th in the country for the number of drivers per 1,000 with DUIs on their records and 11th in the nation for the percentage of uninsured drivers.

Despite these alarming statistics, there was some good news that came out of the study. California ranks 32nd in the country for fatalities per 100 million miles driven. The study also found that fatality rates for the entire country have been falling since 1994. The data collected was from no later than 2016.

Drivers all over the state are issued thousands of traffic tickets for various moving violations each year. These tickets are taken into consideration when determining these worst driver lists for the country. Motorists should understand that it is possible to challenge a traffic ticket in court and emerge the winner. Learn more about your rights under the law if you decide to fight the ticket.