[box] TRAFFIC WELCOME LETTER INFORMATION[/box]
- Information Needed. Please reply to this e-mail and provide our office with the following:
- SUMMARY OF FACTS leading up to and during the traffic stop (any interaction with the officer as to what he/she told you and what you told him/her.) This will help turn your statement into a declaration and we will use this for your court trial.
- Discussing your Case. Any discussion between us, or an attorney from our firm is protected under an attorney-client privilege. This means, in short, that our conversation, generally, is protected by law and we cannot reveal privileged information to someone. DO NOT post any information regarding this case online through any social media outlets such as, Facebook, Twitter, Instagram, and so forth. Keep discussion to a minimal as the prosecutor COULD subpoena anyone who has information regarding this case. If you need to discuss your case, contact our firm.
- Ticket Information. The date which appears at the bottom of your traffic citation is not the actual appearance date by which you must appear in court, however, that date requires you to respond to the court so as to schedule an appearance date. Generally, we will request on your behalf an initial sixty (60) day appearance extension. As a result our office may obtain, on your behalf, during the course of your legal representation, several dates, extensions, and/or advancements to the court dates prior to the finalization of your traffic citation. As such, we will provide you with updates via e-mail.
- Court Appearance. Generally, we make at least two (2) appearances for each traffic citation, however, we make at least three (3) appearances if your traffic citation has a “Failure to Appear” (FTA). These appearances consist of, but are not limited to the following: Arraignment, trial, obtaining of a court date from GC services (if applicable), obtaining a copy of the traffic citation, and so forth. We understand that your time is valuable, so there is no need for you to be present during any of the above stages of your traffic case. However, under special circumstances, you may be requested to appear in court for your court trial if any of the following apply:
1) Judge demands you to be present,
2) Our office, upon careful determination of the facts, deems your testimony necessary to contest and refute the officer’s testimony,
3) SHOULD YOU DESIRE TO BE PRESENT AT COURT DURING ANY STAGE OF REPRESENTATION, YOU MUST NOTIFY OUR OFFICE WITH YOUR INTENTIONS TO BE PRESENT WITHIN FOUR (4) BUSINESS DAYS OF YOUR TRIAL.
- Court Procedure. Generally speaking, most traffic matters will be divided into an arraignment stage and a trial stage.
- Arraignment: At the arraignment stage, the judge will read the alleged violations of your citation and ask for us to enter a plea on your behalf. At this point, we will make all necessary motions, if applicable, enter a plea on your behalf, and so forth. Generally, unless otherwise necessary each case is set for trial.
- Trial: At the trial stage, we will argue and advocate your case. We will confront the officer and compare your provided statement of facts with his side. Determine if he has full recollection of the alleged violation. We will make any pre-trial motions (dismissal, reduction of point violation, lower fines, and so forth.) If unable to proceed on the aforementioned, we will proceed with a bench trial and present applicable defenses to your alleged violation.
- Court Updates.Our office will make every effort to provide you with updates as they become available. However, it is not always feasible to provide you with same-day updates. As such, we request that you provide our office with at least one (1) week grace period to provide you with these updates. We understand how important these legal matters are to you and we will work diligently to provide you with updates as quickly as possible.
- Correctable Violations: Please note, if your traffic citation involves a correctable violation (fix it ticket,) there is a $25.00 dismissal fee charged by the court, upon providing proof of the corrected violation. Correctable violations include, but are not limited to the following: Window tint, no license plates, cracked windshield, expired registration, etc.. If your violation involves no insurance, although it is technically not a correctable violation, courts will generally dismiss this violation for a dismissal fee. Please note, if you did not have valid insurance at the time of citation, after acquired insurance may result in a fine reduction or a dismissal fee. Our office will need valid proof of any correctable violation from the date of the citation. Please scan and email proof of correction to as, as instructed.
- You may correct your correctable violation in the follow manners:
- Have your vehicle inspected by the California Highway Patrol agency, local police station, or sheriff. Please note, certain agencies may charge you an inspection fee. Upon having your vehicle inspected and signed off, please forward us proof the violation was corrected.
- If you were cited for a correctable violation on a vehicle and you are not the legal owner, unfortunately, you are still liable. However, a judge would consider this situation, if they impose a fine.
- If you no longer own the vehicle that was cited above, you may acquire a “Release of Liability” directly from the DMV. In the alternative, you may provide other documents such as: Bill of Sale, repossession letter, and so forth.
8. Red Light Camera Violations. Despite popular belief, red light traffic enforcement cameras are still being enforced in certain counties and cities. If you were cited with this violation, please provide our office with a scanned copy of the notice received via mail and a color copy of your driver’s license. In certain circumstances, it would be instrumental for you to be present, but our office will evaluate your case and make this determination. These particular violations have a lot of technical issues, which our office will evaluate the video, if applicable, copy of the citation, and so forth.
“Failure to Appear” (FTA) in Court Violations: If you were charged with an FTA for failing to appear at court on your scheduled court date, the court may impose both a penalty and a civil assessment of up to $1,000.00. There are three (3) legitimate legal excuses for failing to appear in court:
1) You were on active duty in the military, or
2) You were in the hospital on the scheduled court date, or
3) You were incarcerated on the date of your scheduled court date.
You MUST provide proof to the court if any of the above mentioned excuses apply.
Our office will attempt to reduce and/or dismiss FTA penalties and civil assessments on your behalf. In addition, if you have any information regarding the reason why you failed to appear in court, please provide this information to us.
- Warrant Recall/Bench Warrants: If you have an active bench warrant based on your citation, you MUST be careful until we are able to “recall” your bench warrant. We take bench warrants very serious, as you may be arrested if you have an active bench warrant. Usually, we go to court next day or same day to recall the warrant. Under certain stances, we might be unable to “walk in” your warrant, so we schedule the first available date. Things you should know – You may be arrested if you have an active warrant. The judge may require you present to recall the warrant.
- Traffic Violators School: The court may grant a request for traffic violator school for one (1) eligible violation if you have not attended traffic school for any prior violations committed within eighteen (18) months of this current alleged violation date. Please note, if you are a commercial licensed driver and were driving a commercial vehicle, as defined under the California Vehicle Code Section 260, you are not eligible for traffic school. Further, if you are deemed eligible to attend traffic school and you decide to opt out, your automotive insurance premium may significantly increase as a point will be assessed against your driving record. Our office strongly recommends that you attend traffic school in order to avoid any points against your driving record and the possibility of your auto insurance premium increasing. However, that decision ultimately lays with you.
- 977 Authority. You authorize my attorney to appear on my behalf and by doing so I do not need to be present. I authorize my attorney to enter a plea on my behalf to the extent necessary to resolve this case. I understand that as seen below, no guarantees are expressed or implied, my attorney will resolve the matter in the most favorable outcome.
- Guarantees. Although our law office has a high success rate for traffic citations reduction or dismissal, we cannot and will not offer any GUARANTEE that your alleged traffic violation(s) will be dismissed and/or reduced to a no point violation. However, we do guarantee that our office will work diligently to obtain the most favorable result for you.