6 Misdemeanor Vehicle Code Violations that Can Be Reduced to an Infraction

Here are six misdemeanor Vehicle Code violations that are considered “wobblers, ” which means that a court has authority to reduce any one of them to an infraction if you or your attorney asks while the case is still pending.  But, you need to convince the court to reduce the charge because the court has discretion to either act or not.   

Thus, if your misdemeanor traffic citation is one of these Vehicle sections, you should ask your lawyer to make a motion to reduce the charge to an infraction:

(1) Section 12500 - driving without a license, 

(2) Section 14601.1 - driving with a revoked or suspended license, 

(3) Section 23109, subdivision (c) - exhibition of speed, 

(4) Section 27150.1 - selling vehicle parts that don’t meet regulations and standards,  

(5) Section 40508 - violation of promise to appear or pay a fine, 

(6) Section 42005 - failure to attend court-ordered traffic school.  

PC 19.8 and 17 (d)

Penal Code section 19.8 provides authority to a court to reduce these misdemeanors to infractions.  Penal Code section 17, subdivision (d), provides that any misdemeanor listed in Penal Code section 19.8 can be an infraction when:

   (1) The prosecutor files a complaint charging the offense as an infraction unless the defendant, at the time he or she is arraigned, after being informed of his or her rights, elects to have the case proceed as a misdemeanor, or;

   (2) The court, with the consent of the defendant, determines that the offense is an infraction in which event the case shall proceed as if the defendant had been arraigned on an infraction complaint.

As mentioned above, this reduction can occur at any time while the charge is pending.  Thus, ask your lawyer to make the motion and ask the court to reduce the charge so that you are convicted of an infraction, not a misdemeanor.  This one motion could affect your future in many ways, such as job opportunities, housing opportunities, etc.    

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.

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