Tips on How to Fight a CA Speeding Ticket - Vehicle Code section 22350

Those flashing blue lights that get your heart beat elevated as the officer stops the car and asks if you know what you did wrong are seldom as great as the shock as when you discover how much the state is asking you to pay for a speeding ticket in violation of California Vehicle Code section 22350, the basic speed law.

22350 fine 

The base fine for this violation is $70 (if the officer calculates your speed as 16 to 25  miles per hour over the speed limit), but $100 (if the officer calculates your speed over the limit as greater than 25 miles per hour.) But, that is merely the base fine. California adds penalty assessments to most traffic tickets. Once penalty assessments are added to a basic speeding ticket in 2016, the amount climbs to approximately $367 plus to $490 plus, respectively, depending on the  county where you receive your ticket. Thus, it is only normal to ask yourself about the available options.

Some Options to respond to a speeding ticket

Some options for responding to a speeding ticket are presented below. Only you can determine which option is the best choice for your situation.

Traffic School 

Traffic school can be a good option if you are eligible because you are guaranteed to not receive any points against your driving record from the Department of Motor Vehicles, which could cause your insurance rates to increase.

You are eligible to attend traffic school if you have not attended traffic school in the last 18 months and if the ticket is for a traffic violation that adds one point to your record. If you do not go to Court, you must pay the traffic school fee to the Court by the due date on your ticket or courtesy notice. Your completion date will be noted on the traffic school agreement form that you receive from the court. In most cases, you must complete traffic school within 60 days from the date you pay the Court.

Contest the ticket 

If you decide to fight the speeding ticket, there are two different methods you can use. Both methods: (1) fighting a speeding ticket through a trial by declaration and (2) appearing in court to fight the speeding ticket can result in a dismissal if you are successful. You can be successful using either of these methods if the officer who issued the ticket does not respond. For example, if the officer does not respond to your trial by declaration, the court can dismiss the speeding ticket. Similarly, if you go to court and the officer does not appear that day, the court can dismiss the ticket.

But, in general, traffic officers on motorcycles usually appear in court on the date selected on the traffic ticket. Thus, if a motorcycle traffic officer issued the ticket, it might be to your advantage to delay the hearing to another date during the summertime vacation months or during the winter holidays.

Generally, requesting a trial by declaration can be a good first initial option because you do not have to miss work. You simply present your case on paper to the traffic judge. Make certain that you keep copies and send everything by certified mail so that you have written proof you contested your ticket by declaration. But, even if you lose your trial by declaration, you can still request to contest your speeding ticket in court. Follow the instructions on the Califonia court website under trafick tickets.

Whatever method you initially select to fight the speeding ticket, you will need to present a defense. To do that, you must understand the basic speed law which is contained in Vehicle Code section 22350. Vehicle Code section 22350 states: "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."

For example, since the basic speed law indicates that you must be driving faster than conditions on the road warrant, your defense could be that it was a clear day, traffic was sparse, and your speed was safe and prudent for traffic conditions at that time. Our Supreme Court observed in People v. Morgan (2007) 42 Cal.4th 593, "There is no formula for the determination of reasonableness.' Yet standards of this kind are not impermissively vague, provided their meaning can be objectively ascertained by reference to common experiences of mankind," quoting, People v. Daniels (1969) 71 Cal.2d 1119, 1128-1129.

Thus, you can explain the common experience that made your speed reasonable for the conditions on the road during that time period. If you had an adult passenger in your car, you can bring that person to court to testify on your behalf that you were driving safely for the conditions on the road during that time period. If the officer only followed your car for a short distance, you can ask the officer questions about how many minutes the officer followed your car before stopping you, the short distance that you were observed driving, the light traffic on the road, the high visibility and any other factors in your favor.

There are additional methods to fighting a ticket based upon the officer’s use of radar. These are technical defenses that are not covered here. If the officer was using radar to issue your speeding ticket, you can read about these technical defenses in the Nolo book, Fight Your Ticket and Win in California by Attorney David Brown.

Hire a Traffic Ticket Attorney

You can also hire an experienced traffic lawyer to represent you in court on a speeding ticket. Experienced traffic attorneys know the courts and how to present a case when it is believed that an unlawful speed trap was used to issue a speeding ticket.

I hope the information here helped you to think about your options and make an informed  decision on how to respond to your speeding ticket. Leave a comment below if you have more tips to add. Thank you.

You can find additional information about fighting California traffic tickets in the book below.

copyright © 2016 Christine Esser

The information contained here is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. Information on this blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and Christine Esser. An attorney-client relationship is only established when a written retainer has been signed.

Disclosure; If you click on the Amazon link below you will be directed to the Amazon website. This short blog post may not contain all the information you would want to have to be able to fight a traffic ticket successfully. If you are in California, for more information, we recommend Fight Your Ticket and Win - California. If you are not in California, we recommend, Beat Your Ticket.  Both can be obtained from Amazon by clicking on the links below. Good luck. We have not received anything from the author or publisher for recommending these books. 


 

Tips on How to Fight an Improper Turn Ticket: California Vehicle Code Section 22100

Sometimes an officer issues you a traffic citation and you are left wondering what you did wrong. This often happens when a driver receives a traffic ticket for making an improper turn in violation of  California Vehicle Code section 22100.

VC 22100 

Vehicle Code section 22100 states, in relevant part:

[T]he driver of any vehicle intending to turn upon a highway shall do so as

follows:

"(a) Right Turns. Both the approach for a right-hand turn and a
right-hand turn shall be made as close as practicable to the
right-hand curb or edge of the roadway except:

(1) Upon a highway having three marked lanes for traffic moving in
one direction that terminates at an intersecting highway
accommodating traffic in both directions, the driver of a vehicle in
the middle lane may turn right into any lane lawfully available to
traffic moving in that direction upon the roadway being entered.

(2) If a right-hand turn is made from a one-way highway at an
intersection, a driver shall approach the turn as provided in this
subdivision and shall complete the turn in any lane lawfully
available to traffic moving in that direction upon the roadway being
entered.

(3) Upon a highway having an additional lane or lanes marked for a
right turn by appropriate signs or markings, the driver of a vehicle
may turn right from any lane designated and marked for that turning
movement.

(b) Left Turns. The approach for a left turn shall be made as
close as practicable to the left-hand edge of the extreme left-hand
lane or portion of the roadway lawfully available to traffic moving
in the direction of travel of the vehicle and, when turning at an
intersection, the left turn shall not be made before entering the
intersection. After entering the intersection, the left turn shall be
made so as to leave the intersection in a lane lawfully available to
traffic moving in that direction upon the roadway being entered,
except that upon a highway having three marked lanes for traffic
moving in one direction that terminates at an intersecting highway
accommodating traffic in both directions, the driver of a vehicle in
the middle lane may turn left into any lane lawfully available to
traffic moving in that direction upon the roadway being entered."

Strategy to fight an improper turn ticket 

Thus, if you receive a traffic ticket for making an improper turn, you need to read through the requirements of this Vehicle Code section carefully. Usually, if you want to fight this traffic ticket in court, you must convince the  Judge that you were as close as practicable to the right or left- hand curb, given the conditions on the road at the time. 

 For example, if there was a pedestrian or bicycle traffic near the edge of the road, or something else in the roadway, this could be relevant as to why you could not be closer to the curb when you made your turn. If you had a passenger in your vehicle who can testify to these facts, try to bring your passenger to court and ask him or her about the bicycle, pedestrian or whatever else was in the roadway.  

Alternatively, you can fight this ticket by written declaration, which is stamped on the back of your ticket.  A separate post explains this.   You can also look at the California court website for advice.  

Hire a Traffic Ticket  Attorney 

If it is critical that you fight this ticket and win, this might be a situation where an experienced traffic ticket lawyer should be hired.  Traffic ticket lawyers may have additional strategies that they use to win in court.    

Cost of a VC 2100 ticket

The base fine for violation of Vehicle Code section 2100 (a) or 2100(b) is $35. But after penalty assessments are added, the fine is about  $238 in 2016, depending on which county you are in.  each county has their own penalty assessments to add to the ticket so these will vary. 

Of course, you can hire an experienced traffic ticket lawyer to fight this ticket in court. There are many traffic ticket attorneys who will help you fight this traffic ticket to avoid getting more points on your driving record. Good luck.

copyright © 2015 Christine Esser

The information contained here is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. Information on this blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and Christine Esser. An attorney-client relationship is only established when a written retainer has been signed.

Fight Your Ticket in California and Win is recommended for California drivers.  But if you are in another state, Beat Your Ticket is highly recommended.  We have received nothing from the author or publisher for recommending these books. Good luck. Thank you.

lasted updated. February 7, 2016

　
 

Tips on How to Fight a U-Turn Ticket in a Residential District: California Vehicle Code section 22103

Sometimes you find yourself lost and need to turn around. You are careful when making your u-turn and do not see any traffic coming your way. But then suddenly you see those blue lights flashing and are being pulled over and given a ticket for making an illegal u-turn in a residential area in violation of Vehicle Code section 22103. If you are deciding whether to fight that ticket, here are a few tips.

VC 22103

Vehicle Code section 22103 states, "No person in a residence district shall make a U-turn when any other vehicle is approaching from either direction within 200 feet, except at an intersection when the approaching vehicle is controlled by an official traffic control device."

Thus, the elements of this offense appear to be as follows:

(1) No person;

(2) in a residence district;

(3) shall make a U-turn when;

(4) a vehicle is approaching within 200 feet;

(5) except at an intersection controlled by a traffic-control device.

If you can convince a traffic court judge that any one of the elements is missing or that the exception applies, you were at a controlled intersection with a traffic control device when you made that alleged illegal u-turn, you can win your case.

Residence district 

Vehicle Code section 515 defines a residence district as follows: A "residence district" is that portion of a highway and the property contiguous thereto, other than a business district, (a) upon one side of which highway, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures, or (b) upon both sides of which highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures. A residence district may be longer than one-quarter of a mile if the above ratio of separate dwelling houses or business structures to the length of the highway exists."

Thus, if the street you were driving on was sparsely populated, you may be able to establish it was not a "residence district" thereby eliminating an essential element of the statute. 

Was there another Vehicle approaching? 

Alternatively, you may be able to establish that no other vehicle was approaching your vehicle within 200 feet when you made your alleged improper turn.

Was there a traffic- control device? 

And, of course, if you can establish that you made the u-turn at an intersection controlled by a traffic-control device, the statute does not apply to you.

For any of these tips, the more evidence you can gather for your case, such as photographs and witnesses, the better. Therefore, if you had a passenger in your vehicle who can testify at court that the only other vehicle on the street in the other direction was fully stopped and parked, not approaching your vehicle, you may be able to convince a traffic court judge to dismiss your ticket.

Contest the ticket in court, prepare a Trial by Declaration, or Hire a Traffic Ticket Lawyer to contest the ticket.  

You can contest this ticket by requesting a court trial or by Trial by Declaration as printed on the back of the ticket or by hiring a traffic ticket attorney. 

If you represent yourself in court or write your own Trial by Declaration, if the officer who issued the ticket does not respond, your ticket can be dismissed if you have not said anything that would allow the judge to find you  guilty of the traffic violation. If you lose the Trial by Declaration, you can request a trial de novo, a new court trial, but you must do this within a limited amount of time. Check the California Supreme Court's website on traffic tickets for more information. 

This was not an exhaustive list of defense strategies. An experienced traffic ticket attorney in your area may find additional defense strategies for your case. Many traffic ticket lawyers know the courts and are experienced at arguing for dismissal of Vehicle Code violations. 

VC 22103 is an infraction 

A violation of Vehicle Code section 22103 is punished as an infraction in California, which means that the penalty in court will only be a fine, not jail time, as long as you respond to the ticket by paying it or contesting it in court or by written declaration. 

Attend Traffic School 

The DMV can add a point to your driving record if you do not qualify and attend traffic school. Also, your car insurance rates could increase if you do not contest this ticket  and win or attend traffic school.  Generally, you should be eligible to attend traffic school if you have not attended traffic school within the last 18 months. 


VC 22103 fine 

The cost of the base fine for making an illegal u-turn in a residential district is $35 in 2016.  But the cost you will actually have to pay will vary by county because each county adds its own penalty assessments to the base fine.  Expect the fine to be about $238 or more. The county court will notify you of the amount of the fine for the ticket.


This was not an exhaustive list of defense strategies. An experienced traffic ticket attorney in your area may find additional defense strategies for your case. Traffic ticket lawyers know the courts and are experienced at arguing for dismissal of Vehicle Code violations. Also, if the officer does not appear in court when you are challenging your ticket, it can be dismissed


copyright © 2015 Christine Esser

Disclosure:  If you click on the links below you will be directed to the Amazon website. For more tips on fighting a traffic ticket in California, read  Fight Your Ticket and Win in California. Beat Your Ticket is recommended if you are not in California. We have not received anything from the author or publisher for recommending these books. If you make a purchase, we might receive a small commission that will not increase  the price your pay. Thank you.

The information contained here is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. Information on this blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and Christine Esser. An attorney-client relationship is only established when a written retainer has been signed.

Last updated: 8-12-16


　

Tips on How to Fight a Stop Sign Ticket: California Vehicle Code section 22450

Everyone is in a hurry these days.  You thought you came to a complete stop before the limit line, but there are those flashing blue and red lights behind you that probably indicate that a traffic officer viewed your recent stop a little differently than you do.  If you are given a ticket for failing to stop at a stop sign in violation of  California Vehicle Code section 22450,  here are a few tips. 

VC 22450

Stop sign rules are contained in Vehicle Code section 22450, which provides that the driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection. If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway. (Veh. Code, § 22450, subd.(a)). Also, the driver of a vehicle approaching a stop sign at a railroad grade crossing shall stop at a limit line, if marked, otherwise before crossing the first track or entrance to the railroad grade crossing. (Veh. Code, § 22450, subd.(b)). 

Thus, the elements of a violation of Vehicle Code section 22450, appear to be as follows:


(1) A driver; 

(2) of a vehicle;

(3) approaching a stop sign;

(4) at an intersection or a railroad crossing;

(5) shall stop at a limit line, or

if there is no limit line, shall stop before entering the crosswalk of the intersection.

Vehicle Code section 377 defines "limit line" as the point at which traffic is required to stop. A "point" is defined as "a particular or precisely specified position, location, place, or spot." (Webster's New World Dict. (2d college ed. 1976) p. 1100, col. 2.) Thus, in People v. Binkowski (2007) 157 Cal.App.4th Supp. 1, the Appellate Department of the San Bernardino County  Court interpreted the phrase "at" the line to mean when a vehicle’s front bumper reaches that line.. (Id. at p. 6.) 

If you can convince a Judge that any of the elements of the stop sign statute have not been established by the officer's testimony or in response to your written declaration if you are fighting the ticket by declaration, you can win your traffic ticket case.   

Also, any time that you can provide a statement from a percipient witness, such as a front seat passenger who saw you stop, or another witness who saw your vehicle come to a complete stop, this can help you.  

For example, In People v. Jones (2010) 186 Cal.App.4th 216, the Driver asserted that the vehicle came to a complete  stop, but the officer could not see the vehicle come to a full and complete stop from his or her vantage point.   For this defense strategy to work, you may need to take some pictures of the intersection and pictures of where the officer’s vehicle was parked to show that from that vantage point the officer could not see the limit line where your vehicle had stopped.


You can contest this ticket in court or by using a written declaration as stamped on the back of the ticket.  If you lose a trial by written declaration you can request a trial de novo, but you only have a short amount of time to do this.  You can find more information on the court's website. If the officer does not attend the court hearing or respond to your trail by written declaration, you can win your case.  Additinally, you can hire a traffic ticketattorney to help you fight your case in court.  

Penalties and Cost for violating Vehicle Code section 22450

Usually, the court will let you know the amount of fine that needs to be paid if you choose to pay the fine. The base fine for a violation of Vehicle Code Section 22450 is $35 in 2016.  But penalty assessments are added to the base fine, which makes the fine about $238.  Each county adds its own penalty assessments, so  the total amount of the fine you pay will vary depending on which county courthouse you are in.    

A violation of Vehicle Code section  22450 is an infraction and only a fine can be imposed, not jail time.  But the DMV can add a point to your driving record if you do not qualify for traffic school, which means that your car insurance rates could go up.  You are eligible for traffic school if you have not attended traffic school in the last 18 months. 



copyright © 2015 Christine Esser

The information contained here is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. Information on this blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and Christine Esser. An attorney-client relationship is only established when a written retainer has been signed.

Disclosure: If you click on the Amazon link below, you will be directed to the Amazon website where you can purchase these books that contain additional helpful information on how to fight a traffic ticket.  Fight Your Ticket and Win in California is recommended for California traffic tickets.  But if you are in another state, Beat Your Ticket is recommended. We have received nothing from the author or publisher for recommending these books.  Thank you.   Good luck. 

Last updated : February 7, 2016


 

When You Hang Something From Your Rear View Mirror Are You Asking For a Traffic Ticket in California?

Many people hang an air freshener, graduation tassels, dice, and other objects on their vehicle’s rearview mirror.  If you have received a ticket for hanging an object on your rear view mirror, look carefully at your traffic ticket and find the Vehicle Code section that was cited. If it was VC 26708, you may want to challenge your ticket.  

VC 26708

Vehicle Code section 26708 states in relevant part, ": (a) (1) A person shall not drive any motor vehicle with any object or material placed, displayed, installed, affixed, or applied upon the windshield or side or rear windows.
   (2) A person shall not drive any motor vehicle with any object or material placed, displayed, installed, affixed, or applied in or upon the vehicle that obstructs or reduces the driver's clear view through the windshield or side windows.
   (3) This subdivision applies to a person driving a motor vehicle with the driver's clear vision through the windshield, or side or rear windows, obstructed by snow or ice.
   (b) This section does not apply to any of the following:
   (1) Rearview mirrors.

In People v. White, an officer observed a tree-shaped air freshener hanging from the rearview mirror and ticketed the driver for violating Vehicle Code section 26708, subdivision (a)(1). (People v. White (2003) 107 Cal.App.4th 636 ("White").) Section 26708, subdivision (a)(1), prohibits the placement, display, installation or affixing of any "object or material ... upon the windshield or side or rear windows." The Court of Appeal explained that the driver had not violated this code section because the air fresher was hanging from the rear view mirror, not affixed to the window. (See U.S. v. King (9th Cir. 2001) 244 F.3d 736, 740 [the word "upon" in a similar Anchorage Municipal Code section requires "placement on or in direct contact with the windshield"].)

In White, the court rejected the state’s argument that the air freshener violated section 26708, subdivision (a)(2), which provides: "No person shall drive any motor vehicle with any object or material placed, displayed, installed, affixed, or applied in or upon the vehicle which obstructs or reduces the driver's clear view through the windshield or side windows." The court explained that the statute does not flatly prohibit hanging any object on a rearview mirror. Also, the officer never testified that he believed the air freshener obstructed the driver's view. Nor did the officer testify to other specific and articulable facts, like hesitant or erratic driving, that might suggest the driver's clear view was impeded.

But in another case, the Court of Appeal found that an air freshener violated section 26708, subdivision (a)(2). In People v. Colbert (2007) 157 Cal. App. 4^th 168 ("Colbert"), the item hanging from the rear view mirror was a flat air freshener shaped like a tree, hanging from a string or thread, 4.75 inches tall, had a base of 1.75 inches, and was 2.75 inches wide at its widest point. In that case, the officer, through personal experience, knew that an object of this size could obstruct the driver's view because the officer had found it necessary to remove a similar-sized object that he had hung from the rear view mirror in his personal vehicle because it obstructed his view. He had discovered that, due to the proximity of the hanging object to the driver's face, "it actually obstructs the view of larger objects such as vehicles or pedestrians" despite the hanging object's small size. Under those facts, the Court of Appeal upheld the traffic stop for the Vehicle Code violation.

But Vehicle Code section 26708, subdivision (b)(1), now specifically states that this section does not apply to rear view mirrors.

If you have already received a traffic ticket for this violation, you can argue that your case is more like the White case than it is like the Colbert case. Point to no evidence of impaired driving, or impaired view and that your hanging object was smaller than the one found to be obstructive in Colbert if this is true. Also, point out that  Vehicle Code section 26708, subdivision (b)(1), specifically states that this section does not apply to rear view mirrors

VC 26708 fine 

A violation of Vehicle Code section  26708, subdivision (a)(2), is an infraction punishable by fine only. Generally, it will not add any points to your DMV record.

In 2016, the base fine is $25.  but that is not what you will be asked to pay because each county adds penalty assessments to the base fine that vary.  The fine with penalty assessments added will be about $197 but your fine could be more or less depending on your county's added fees.  If you decide to pay the ticket and not contest it in court, do so  before the deadline. Vehicle Code section 40310 requires the imposition of a late charge of 50 percent of any traffic penalties not paid within 20 days. 

Methods of Challenging the Traffic Ticket

You can challenge a traffic ticket violation by either appearing in court or request a Trial by Declaration, which is stamped on the back of your traffic ticket. If the court finds for you, the court can dismiss your case. Additionally, if the officer does not appear in court, or respond to your Trial by Declaration, if you challenge the ticket in writing, your case can be dismissed.  If you lose your trial by declaration, you have a limited time to request a trial de novo, a new court trial, but you must request this before the deadline. Check the California Supreme Court website under traffic tickets for more information. 

Also, you can hire an experienced traffic ticket lawyer to make the argument for you in court. Traffic ticket attorneys know the courts and are experienced at arguing for dismissal of Vehicle Code violations.  Good luck.


copyright © 2015 Christine Esser

The information contained here is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. Information on this blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and Christine Esser. An attorney-client relationship is only established when a written retainer has been signed.

Disclosure: If you click on the Amazon link today and make a purchase,  we may receive a very small commission that will not raise your purchase price.  If you are in California, Fight Your Ticket and Win in California is recommended for having helpful information.  But if you are in another state, Beat Your Ticket is recommended.  We have not received anything from the author or publisher for recommending these books. Good luck.

Last updated: August 2016 


.

Tips to Fight a Jaywalking Ticket: California Vehicle Code section 21955

A ticket for jaywalking is not cheap.  If you receive this ticket, you might want to explore your options before paying it. 

VC 21955

Jaywalking is contained in Vehicle Code section 21955, which provides: "Crossing Between Controlled Intersections - Between adjacent intersections controlled by traffic control signal devices or by police officers, pedestrians shall not cross the roadway at any place except in a crosswalk."

Two Methods to Dispute the Ticket 

One method to dispute a jaywalking ticket is to establish that the traffic signals were not functioning at the time that the officer issued the ticket and a police officer was not controlling the intersection. It is only a violation of the statute if the officer can establish that the intersections were controlled by a traffic signal device or a police officer. A person who crosses the roadway where the signal is not working and an officer was not controlling the intersection has not violated the statute. (See, Brown v. Regan (1938) 10 Cal.2d 519, where the court held that traffic could not be deemed "controlled" by signals where there was no evidence that the signals were in operation.

A second method to dispute this ticket is to show that the crossing did not occur between intersections controlled by a traffic signal if these facts match your case. For example, in People v. Blazina (1976) 55 Cal.App. Supp. 3d 35, the defendant acknowledged he crossed Cahuenga Boulevard and he was not at the intersection or in a crosswalk, but he pointed out that there was an alley between the crossing signals, thus, where he crossed was not an adjacent intersection controlled by a traffic signal and the Appellate Court agreed. The court explained that under section 110 of the Vehicle Code, an alley is a "highway" and, inasmuch as section 365 of the Vehicle Code defines an "intersection" as two highways joining each other at approximately right angles, the alley and Cahuenga Boulevard do comprise an "intersection." As the latter intersection has not been established by the People to be "controlled," defendant has not violated section 21955."

Jaywalking in violation of Vehicle Code section 21955 is an infraction in California. The penalty can only be a fine, not jail time as with misdemeanor or felony charges.

You can hire a traffic ticket lawyer to defend you in court for this charge, but the cost of hiring the attorney will likely exceed the cost of paying the fine. 

But, if you go to court, it is possible that the officer will not be in court, in which case, the ticket could be dismissed. 

You can also contest this ticket by using a written declaration as stamped on the back of the ticket and if the officer does not respond to your written declaration, the court may dismiss the ticket. If you lose the case by written declaration, you can request a trial de novo - a court trial, but this must be done quickly.  Check California Supreme Court website under self- help for traffic tickets to find additional information. 

Cost of a Jaywalking ticket 

Violations of the right of way are found in Vehicle Code section 42001.18 and are punished as follows:

(a) For the first infraction, by a fine of two hundred twenty dollars ($220).

(b) For a second infraction for a violation of Section 21971 occurring within one year of a prior violation of that section that resulted in a conviction, by a fine of three hundred twenty dollars ($320).

(c) For a third or any subsequent infraction for a violation of Section 21971 occurring within one year of two or more prior infractions of violating that section that resulted in convictions by a fine of three hundred seventy dollars ($370)


copyright © 2015 Christine Esser

The information contained here is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. Information on this blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and Christine Esser. An attorney-client relationship is only established when a written retainer has been signed.

Disclosure: If you click on the Amazon link and purchase an item today, we will receive a small commission that will not increase the purchase price.  If you would like more information on fighting a ticket in California, we recommend, Fight Your Ticket and Win in California.  But if you are in another state, Beat Your Ticket is recommended.  Thank you.  Good luck.We have not received anything from the author or publisher fo recommending these books.

Last update, 8-10-2016