Legal Question in Traffic Law in California

There's a new three lane stretch of CA-99 near Fresno, virtually empty of traffic the afternoon I drove through and was pulled over by CHP pickup. The officer claimed I violated the truck right lane law, later referring to an airplane enforcement observation. Trucks are restricted to the right lane unless passing another vehicle, but he continued, I was going 60mph, so I was also speeding. He gave me the "choice" of the speeding ticket or lane violation, and then to save my "privilege of driving", recommended paying of "mr. ticket" to reduce my fine or eliminate points on my Class CDL. Or, I could show up in court. He scribbled out a "22406 combo in excess of 55mph" with reported speed of 60mph. He had told me I would receive a warning for the lane violation, but I don't see this on the ticket. The courtesy note received in the mail reports only the citation# and a bail amount of $255-, $5 more than the maximum infraction fine reported by the Fresno County Court website. This seems like a large fine-- more than a day's pay for a company driver--and for an owner operator, higher insurance costs, or if license is lost, means an equipment auction and loss of operating authority. The officer's demeanor revealed that he knew little about the financial risks of trucking as a livelyhood, and about his own privilege as a law enforcement officer, but I held my tongue and let him write the ticket. Afterall, he wasn't hostile, and told me the judge would reduce the penalty-- I could pay the fine and drop the points. It turns out that Fresno County has a "trial by written declaration" option for contesting this infraction. Is someone willing to instruct me about writing a brief statement that will persuade the judge to reduce the fine, eliminate the points on my MVR, and the "warning" notation on my DOT authority profile. Big bucks for "mr. ticket" attorney is something I'd rather avoid. If your written response is a success, then obviously a instructional reward is in order. Please be familiar with Fresno County, especially the judge(s) at Selma, CA courthouse.


Asked on 3/25/10, 9:04 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

A good starting point for your research will be the book, Fight Your Ticket, from Nolo Press.

Read more
Answered on 3/30/10, 9:13 pm


Related Questions & Answers

More Traffic Law questions and answers in California