Los Angeles Traffic Violation Attorney
In 2013, Governor Jerry Brown signed a bill allowing undocumented immigrants in California to apply for and obtain a driver’s license. Today, there really is no reason for anyone in California to drive without a valid driver’s license. When people do drive without obtaining a license – or drive while their license is revoked or suspended – it may not seem important, but the truth is this: a minor traffic offense can quickly grow into a major legal problem if you do not deal with it properly and immediately.
Don’t allow a small legal matter to become a big legal problem. Call a Los Angeles traffic violation attorney immediately if you are charged with any vehicle-related violation while driving. Suspended license cases or revoked license cases can be just as problematic as a case involving an unlicensed driver, so it’s vital that you contact an experienced defense lawyer to discuss your case, especially if you have a less-than-perfect driving record.
DON’T FALL INTO LEGAL TROUBLE
Here’s an example of how a minor traffic violation can evolve into a serious legal issue. If you’re found driving without a valid license, you’ve probably been stopped for another reason: speeding, DUI, or even a busted headlight. In other words, you’ll probably face at least two charges.
Depending upon the charges, your driving record and any prior convictions may be considered. If you’re an immigrant, with or without documentation, depending on the charge, you could be in trouble with immigration authorities. Let’s say you’re stopped for a busted headlight, and you simply forgot to renew your driver’s license last month. You don’t think it’s important, or perhaps you’re worried about immigration authorities, so you ignore the matter and fail to appear in court. The judge can issue a warrant for your arrest and you’ll face another charge. If you go to court and you’re ordered to pay fines, failure to pay is another charge. In California, every part of the law is linked to another part of the law, and if you’re not careful – even about minor traffic violations – you could quickly fall into serious legal trouble. Get help from an experienced California traffic ticket attorney today.
DON’T DRIVE WITH A SUSPENDED OR REVOKED LICENSE
California drivers have their licenses suspended or revoked for certain traffic violations, criminal convictions, and a number of other reasons. Driving with a suspended or revoked license is not a parking ticket. In California, it’s a crime, and if it’s a crime that you are charged with, get legal help at once by speaking with an experienced LA traffic attorney.
Driving with a suspended or revoked license is a misdemeanor. A conviction for a first offense carries a minimum sentence of five days in jail and a $300 fine with a maximum sentence of six months in jail and a $1,000 fine. For a second conviction within five years, the minimum sentence is ten days in jail and a $500 fine while the maximum sentence is a year in jail and a $2,000 fine. Punishment can be more severe if your license suspension or revocation is part of a sentence for a DUI conviction or if the state considers you a habitual traffic offender.
If you’re stopped and discovered driving without a valid license, you’ve probably been stopped for another reason such as speeding, DUI, or reckless driving, so you’ll probably face at least two charges. And if you’re an immigrant, depending on the precise charges, you could be in legal trouble with the immigration authorities. If you are charged with any traffic violation in southern California, fight the charge with the help of an experienced Los Angeles traffic lawyer like Douglas Miranda and make the call promptly.
CAN I ASK FOR A TRIAL FOR MY TRAFFIC INFRACTION?
If you have been sent a notice to appear in court for a traffic ticket, ask for an arraignment hearing. During the hearing, the judge will inform you about the charges against you and your rights. If you enter a “not guilty” plea, you immediately get a date for a trial. As soon as you receive the notice, get in touch with a Los Angeles traffic offenses lawyer to protect your rights.
Remember, that the trial in the case of a traffic infraction will be conducted by a judge or judicial officer. However, if you want a trial by jury, you may have to ask that your infraction be tried not as an infraction, which is a more minor offense, but as a misdemeanor. Remember, that an infraction is rarely penalized with a jail sentence, while a jail sentence is very likely the penalty if you are convicted of a misdemeanor. This is the kind of decision that you should make only after extensive consultations with your Los Angeles defense lawyer.
At a typical trial, your Los Angeles traffic offense attorney will present evidence in support of your innocence. He may also present witnesses. He will also question the police officer who gave you the ticket.
If you are convicted of the traffic offense, you must pay the fine for the ticket. Remember, that in some cases, you may also be ordered to go to jail. If, however, you are found not guilty, the court will return the fine that that you have already paid after the trial.
If you want to appeal a traffic decision that went against you, you can go ahead and file an appeal. However, the appellate court will only consider whether there was a legal mistake that was made by the trial court, and whether the mistake impacted the decision made by the trial court.
Remember, during an appeal, you will not have the chance to have a new trial with new witnesses and new pieces of evidence. You will not get a chance to present your case all over again. You cannot present new evidence or new witnesses at an appeal.
The appellate court will only analyze the proceedings of the trial court, and identify whether any mistakes were made in the trial. The court will also confirm if the mistake ended in the wrong decision in your case. For example, if the judge in the trial court applied the wrong type of law to your case, that could be considered a legal mistake. If that mistake led to the wrong decision in your case, then the appeals court decision may go in your favor.
To determine whether going to trial for a traffic infraction is the best option for you, get in touch with a Los Angeles defense attorney. Schedule a consultation with a California defense lawyer today and discuss your case in a free consultation session.
A FREE CONSULTATION
Don’t drive without a valid license, don’t drive while under the influence of alcohol or drugs, and you can avoid a great deal of trouble. If you are charged with even a minor traffic violation in southern California, take care of it fast. Put an experienced LA traffic violation attorney to work for you. To schedule a free consultation with Los Angeles criminal defense attorney Douglas Miranda at the Miranda Rights Law Firm, contact us today. Send an email, call 213-255-3049, or call toll-free at 800-377-4092. Se habla español.