California Traffic Amnesty Program: Vehicle Code section 42008.8

California finally gets it.  Traffic ticket amnesty will be offered beginning October 1, 2015.

The state finally recognizes that traffic ticket fines are too high for the ordinary driver.  If  your California Driver’s License has been suspended because of nonpayment of outstanding traffic tickets, if  you have been charged with driving on a suspended license or driving without a valid California Driver’s license,  there may be a silver lining in the middle of that dark cloud because recent legislation, Vehicle Code section 42008.8 can offer you relief.

California Vehicle Code section 42008.8 is a traffic ticket amnesty program that will reinstate California driver’s licenses that are suspended for failure to appear and/or failure to pay traffic fines. The driver’s license reinstatement occurs contingent upon the license holder’s entry into a payment plan for outstanding fines.

All persons who apply for the amnesty program are eligible for a fifty (50%) reduction in outstanding fines if they meet the eligibility requirements.. But if the license holder is low-income, the amnesty program will reduce up to eighty (80) percent of the outstanding fines. Civil assessments for failures to pay and failures to appear issued under California Penal Code section 1214.1 are waived.

Any persons eligible to have a driver's license, including undocumented individuals who are eligible for a driver's license under AB 60, are entitled to participate in the traffic amnesty program if they meet the eligibility requirements. Applications for the fine reduction and license reinstatement will be accepted starting on October 1, 2015.

More will be written on this when more information becomes available.

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.




If you would like a book that helps you fight a traffic ticket and you are in California, Fight your Ticket and Win in California is recommended.  But if you are in another state, Beat Your Ticket is very good.  Good luck. 


  

Driving Apps for Android Phones and iPhones that Save You Time and Money

Here are some smart apps to take on the road with you when you are out driving:

Apps that work on both the iPhone and Android phones

(1) gasbuddy.com - free - find cheap gas

(2) canary - free- Helps parents monitor teen’s driving habits

(3) RepairPal - free- Tracks vehicle repair history, estimates cost of needed repairs, get roadside assistance

(4) inrix traffic - free- Helps find the fastest route to a destination

(5) Tomtom USA and Canada - $59.99 - $69.70 - iphone and android navigation tool of maps and routes for lifetime use

(6) parker - free- Helps you find a parking space and warns you when your meter is about to run out

Apps for the iPhone only

(1) greenMeter - $5.99 - calculates driving style and brake usage to help maximize fuel efficiency

(2) tripalyzer - $5.99 -helps maximize fuel efficiency by finding the best route

(3) accufuel - $ .99- tracks fuel usage and cost over time on one or more vehicles

(4) speedometer speed box - $ 4.99 - calculates your speed to make certain your odometer works

(5) waze - free- get up-to-date traffic conditions about traffic conditions, road closures, etc.

Apps for Android phones only

(1) mymaxspeed.com - $4.99 - calculates speed every 5 seconds, may help fight a speeding ticket

(2) trapster.com - locates speed traps (red light ticket cameras, radar, etc.)

(3) live2txt - blocks incoming texts while you are driving

　

I hope at least one of these apps can help you save time or money.  

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 with a retainer.


　

　

　

　

　

Get Lower Auto Insurance Rates by Comparison Shopping the Insurers Online

Just like taxes, the law requires that you pay for auto insurance, or otherwise establish financial responsibility, in California if you want to drive your personal vehicle on the public roads. Also, like taxes, a person should pay only the amount of automobile insurance that is necessary, but no more. That is why it pays to comparison shop online for auto insurance when it is time to renew your policy. 

Before you comparison shop, determine how much coverage you need. For example, if you have identifiable assets that exceed $100,000 and your insurance coverage does not cover that much, the other driver’s attorney could try to capture your assets if you have an auto accident. But if you have no assets, your auto insurance needs may be less.

Because insurance covers risk, experts in this area recommend that you determine the amount of insurance you get based upon how much risk you are willing to leave uncovered. Many experts recommend liability limits for $50,000 bodily injury for one person injured in an accident, $100,000 for all people injured in an accident and $25,000 property damage (50/100/25) because they estimate that about half of the cars driven on United States streets and highways are worth more than $20,000. When you comparison shop, make certain you are comparing rates for similar coverage.

Here are a few places online where you can comparison shop for auto insurance:

(1) www.google.com/compare/autoinsurance

(2) www.esurance.com - an Allstate company

(3) www.getmyinsurance.com

(4) www.thezebra.com

(5) www.Geico.com

(6) www.progressive.com

(7) www.insurancequotes.com

Comparison shopping for auto insurance can and should be done each time it is time to renew your auto insurance policy because the rates quickly change.  It is highly unlikely that your auto insurance agent will contact you to inform you that a discount plan is available that will help you to save money by paying a lower rate. You have to find these discounts yourself each time you renew your insurance. 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 with  a written retainer. Thank you. .

Tips on How to Fight a Ticket for Not Having Proof of Insurance: California Vehicle Code 16028(a)

Auto insurance in California can be quite expensive. But, as you probably already know if you are reading this, getting a ticket for not being able to show proof of financial responsibility while driving, which usually means having proof of auto liability insurance, can be even more expensive.

Here are some options on how you can respond to a traffic ticket for a violation of Vehicle Code section 16028, subdivision (a). These options may not be all inclusive. Only you can decide on what is the right course of action for your situation. But some of these tips could result in your ticket being dismissed or the fine could be lowered by the traffic court judge, so I encourage you to read on.

Can Your Ticket Be Treated as A Fix-it Ticket?  

Section 16028, subdivision (e), provides that a person who has been ticketed under subdivision (a) may personally appear before the clerk of the court and provide written evidence of financial responsibility. Additionally, this same subdivision provides that in lieu of a personal appearance before the court, the person may submit evidence of having had financial responsibility at the time the notice to appear was issued to the court by mail. Thus, if you actually had auto insurance at the time that the traffic ticket issued, but did not have proof of the insurance on you at the time, you can have your ticket treated as a fix-it ticket which carries a much lower fine, usually about $50, if you show your proof of insurance to the court clerk. After you do this, your ticket will be dismissed.

Even if you did not have insurance on the date of the ticket, if you subsequently obtain insurance, although your ticket will not be treated as a fix-it ticket, the court may still reduce the amount of your fine if you show that you now have obtained auto insurance for the vehicle by the date you are asked to appear in court.

Is An Essential Element of the Statute Missing?

 Vehicle Code section 16028, subdivision (a), states:

"Upon the demand of a peace officer pursuant to
subdivision (b) or upon the demand of a peace officer or traffic collision investigator pursuant to subdivision (c), every person who drives a motor vehicle upon a highway shall provide evidence of financial responsibility for the vehicle that is in effect at the time the demand is made. The evidence of financial responsibility may be provided using a mobile electronic device. However, a peace officer shall not stop a vehicle for the sole purpose of determining whether the vehicle is being driven in violation of this subdivision."

Thus, it appears that the elements are (1) demand of peace officer or a traffic collision investigator (2) person driving a motor vehicle (3) upon a highway (4) shall provide evidence of financial responsibility for the vehicle, and (5) the officer may not stop the vehicle for the sole purpose of determining whether the vehicle is insured.  Additionally, proof of insurance may be made using an electronic device; thus, you can use your cell phone to show proof of insurance if you have the right app on your phone.

If a court finds that any of the essential elements of the statute are missing, the ticket for this violation can be dismissed. Look at each element carefully and try to find where the missing element for your facts.  

Here are a few examples where essential elements were found missing. 

(1) No demand by a peace officer or traffic collision investigator was made.

For example, in People v. Roldan (2011) 197 Cal.App.4th 920, the Court of Appeal found the first element, "demand of a peace officer or traffic collision investigator" missing when the evidence showed that defendant had been hospitalized immediately after a traffic accident. At trial, the prosecutor presented evidence that an officer "looked through defendant's possessions at the hospital and searched defendant's van," but did not find proof of insurance. The defendant successfully argued that there was no evidence at the time of the alleged traffic violation that any law enforcement officer ever demanded or requested of him proof of insurance; thus, he did not violate the statute, which requires a failure to provide proof of insurance upon lawful demand of such proof. The Court of Appeal agreed with defendant and held that the evidence was insufficient to demonstrate a violation of the statute.

(2) Were you on a highway?

Vehicle Code section 360 defines highway as "a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street." Thus, if you were on private property at the time of the stop, it might be argued that you were not on a highway. 

(3) Was the vehicle lawfully stopped by the officer?

Sometimes a traffic stop is found by a court to be unlawful. If you believe your stop was unlawful and you want to fight your traffic ticket for that reason, this short article will not be able to help you. In that situation, it is suggested that you employ an experienced traffic ticket attorney who has experience with litigating suppression motions under the Fourth Amendment and Penal Code section 1538,5 at the court where you are noticed to appear.

You Don’t Have Money to Pay the Ticket and Have No Defense

In 2016, the base fine for a violation of Vehicle Code section 16028, subdivision (a), is $200. But that is not the actual fine you will have to pay because each county adds penalty assessments to this ticket which are now up to about $900 plus or minus a few dollars, depending on which county court is listed on your notice to appear.
  

Even if you see no a viable way to fight the ticket and you do not have enough money to pay the fine before the court date listed on your notice to appear, ask to appear in court anyway. Make sure you get an arraignment date for your ticket. If the officer does not appear, it is possible for the ticket to be dismissed. If the officer does appear, it is possible for you to ask the court for a payment plan to spread out the payments over time,  and if you have subsequently obtained insurance, you can show the traffic court judge that you now have insurance and ask for the fine to be reduced.

The worst decision you can make is to ignore the traffic ticket because then it will become what is known as a Failure to Appear, which is no longer an infraction. A Failure to Appear is a misdemeanor charge that can result in you being arrested and placed in custody. Never ignore a traffic ticket, even an expensive one such as this. Always find a way to deal with it in a timely manner.

Best wishes and good luck with your case 

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 with a retainer.


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 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.  We have not received anything from the author or publisher for recommending these books.

Good luck.

Last updated on February 4, 2016