AN EXPERIENCED AND SUCCESSFUL CRIMINAL DEFENSE LAWYER FOR A VEHICLE CODE VIOLATION FOR INFRACTIONS AND MISDEMEANORS IN SAN DIEGO
A vehicle code violation comes in all sorts of varieties from a speeding ticket to an overweight truck at the San Clemente checkpoint, to DUI, driving on a suspended license, hit-and-run, and evading arrest.
Criminal defense attorney Pflaum is the right defender for a Vehicle Code violation.
With over 25 years of experience Mr. Pflaum knows how how to represent his clients and get the best results possible.
Note: Even if you think the police have the evidence against you, there are legal ways to fight the case and win.
HOW THE LAWYER HELPS WITH TRAFFIC CODE VIOLATIONS
Let’s start with the easier stuff first: traffic tickets.
These are almost always infractions with a court date written at the bottom of the ticket to appear in traffic court.
An experienced attorney knows the laws and technicalities of the California Vehicle Code and can beat a traffic ticket or, for commercial truck drivers, get the fines and penalties reduced substantially.
Note: You may not need to appear in court. The defense lawyer does all the work on behalf of his client.
SUCCESSFUL WAYS TO DEFEND A TRAFFIC CASE
The ways to successfully defend a traffic case depend on the circumstances of the case. Every case is different. Each client is unique.
Here are some common traffic violation defenses.
- speed trap
- lack of certification
- lack of speed survey
- insufficiency of the evidence
- failure to identify the defendant
- lack of foundation
- improper business record affidavit
- failure of expertise
- lack of prosecution
HOW THE DEFENSE LAWYER HELPS WITH MISDEMEANOR VEHICLE CODE VIOLATIONS
Many types of violations occur on the public highway and can be serious. These types of offenses can be charged by the San Diego District Attorney’s Office as an infraction or a misdemeanor.
Typical misdemeanor violations are DUI, suspended license, reckless driving, hit and run, and evading arrest.
There are many ways to successfully defend these cases. The type of defense will depend upon the facts of the case.
Plea Bargain: The defense lawyer examines the facts of the case with the client, reviews the police report, inspects the scene of the violations, and meets with a prosecutor to resolve the case favorably to the client.
Jury Trial: People who are accused of a crime have the constitutional right to have a trial by jury. This is an amazing right guaranteed by the U.S. Constitution that protects people from the long overreaching arm of the government.
One of the best ways to win a case is to aggressively prepare for a trial, pick an excellent jury, make a compelling opening statement, cross examine witnesses, put on a defense, and tell a convincing closing argument.
TYPICAL MISDEMEANOR VIOLATIONS OF THE VEHICLE CODE
Hit and Run with Injury, Vehicle Code section 20002(a)
The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident and shall render reasonable assistance to the person injured in the accident.
He or she must also give his or her name, current residence address, registration number of the vehicle he or she is driving, and the name and current residence address of the registered owner to the driver or occupants of the any vehicle collided with and any traffic or police officer.
Speed Contest, Vehicle Code section 23109
A person shall not engage in a motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but where the vehicle does not exceed the speed limits, is not a speed contest.
Unlicensed Operation Unlawful, Vehicle Code section 12500(a)
A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver’s license issued under this code.
Driving While Privileges Suspended, Vehicle Code section 14601.1(a)
No person shall drive a motor vehicle when his or her driving privilege is suspended or revoked for any reason, if the person so driving has knowledge of the suspension or revocation. Knowledge shall be conclusively presumed if mailed notice has been given by the department to the person. The presumption established by this subdivision is a presumption affecting the burden of proof.
Vehicle Registration Requirement, Vehicle Code section 4000(a)(1)
A person shall not drive, move, or leave standing upon a highway, or in an off street public parking facility, any motor vehicle, trailer, semitrailer, pole or pipe dolly, or logging dolly, unless it is registered and the appropriate fees have been paid under this code or registered under the permanent trailer identification program, except that an off-highway motor vehicle which displays an identification plate or device issued by the department may be driven, moved, or left standing in an off street public parking facility without being registered or paying registration fees.
Evidence of Financial Responsibility Upon Request, Vehicle Code section 16028(a)
Upon the demand of a peace officer or upon the demand of a peace officer or traffic collision investigator, 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. 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.
Registration Tabs, Vehicle Code section 5204(a)
A registration tab shall indicate the year of expiration and a tab shall indicate the month of expiration. Current month and year tabs shall be attached to the rear license plate assigned to the vehicle for the last preceding registration year in which license plates were issued, and, when so attached, the license plate with the tabs shall, for the purposes of this code, be deemed to be the license plate, except that truck tractors, and commercial motor vehicles having a declared gross vehicle weight of 10,001 pounds or more, shall display the current month and year tabs upon the front license plate assigned to the truck tractor or commercial motor vehicle. Vehicles that fail to display current month and year tabs or display expired tabs are in violation of this section.
If you plead guilty to a felony, misdemeanor or infraction, it stays on your record. Do not risk your future.
Call today to discuss your case with attorney Pflaum
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