Legal Question in Traffic Law in California

Can a police officer charge me with a MISDEMEANOR for a violation that is actually an INFRACTION?

I was "skateboarding in a roadway", the violation of which results in an infraction according to Burbank municipal code.

It was on a hill, but I was not speeding or blowing through any intersections. In fact when the officer stopped me I safely slowed down and pulled over.

my pretrial is this Friday.


Asked on 9/02/13, 12:01 pm

2 Answers from Attorneys

Andrew Roberts Roberts Law Group

It is not the Officer who charges you- it is the DA.

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Answered on 9/02/13, 12:21 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

If the DA wrongly charged you with a misdemeanor your lawyer (and you should have a lawyer if it is a misdemeanor) should point out the error to the court and it will be reduced to an infraction.

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Answered on 9/02/13, 2:28 pm


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