Criminal Defense Lawyers
Do not take traffic tickets lightly.
They strive to get your tickets dismissed. These citations are criminal prosecutions and the court will need to find you guilty beyond a reasonable doubt before prosecution can occur. While plea bargaining is possible and in most cases produces the best outcome, if a trial becomes necessary, all proper objections and defenses should be presented. This will increase the chance of a obtaining a dismissal or reductions in fines and civil assessments. Law Offices of Criminal Defense Lawyers represent clients who have been issued traffic tickets of other criminal misdemeanors. A traffic violation can turn into a nightmare if not handled properly, and he wants to make the process as stress-free as possible.
Types of citations:
- VC 22349(a) Maximum Speed Law – No person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.
- VC 22356(b) – Maximum Speed Law – Driving on Freeway in excess of the Posted Maximum Speed Limit.
- VC22348(b) Driving in Excess of 100 MPH – Driving on a street, freeway or highway in Excess of 100 MPH.
- VC 22406 Truck Speeding – Trucks [or vehicles towing a trailer] cannot drive at a speed in excess of 55 MPH.
- VC 21453 (a) Circular Red or Red Arrow – Failure to stop at a red signal.
- VC 12814.6 Provisional License for Minors: Distinctive Driver’s License – Failure to obey a restriction on a provisional license.
- VC 14600(A) Failure to notify DMV of address change within 10 days – (Birns can usually have the fines associated with this charge reduced or the charge dismissed with proof of correction)
- VC 4000 Registration Required – (Birns can usually have the fines associated with this charge reduced or the charge dismissed with proof of correction)
- VC 16028(A) Failure to provide evidence of financial responsibilities (insurance). This can be a very expensive citation with a fine. (Birns can usually have the fines associated with this charge reduced or the charge dismissed with proof of correction)
- VC 22350 Unsafe speed – No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway and in no event at a speed which endangers the safety of persons or property. VC 22450 Failure to stop at a stop sign.
- VC 22454(A) Passing a school bus with flashing red signals – This can be a very expensive citation with a fine of $616.
- VC 23123(A) Hand-Held Wireless Telephone: Prohibited Use – (Cell Phone ticket) fines for this citation will increase with each successive violation.
- VC 23123.5 Electronic Wireless Communications Device: Prohibited Use – Driving while texting.
- VC 23124 Wireless Telephone Use: Prohibition: Persons under 18- Person under 18 years of age using a mobile telephone even if equipped with a hands-free device.
- VC 27400 Wearing of Headsets or Earplugs – A person operating a motor vehicle or bicycle may not wear a headset covering or earplugs in, both ears.
- VC 22500 Prohibited Stopping, Standing, or Parking – These violations carry steep fines not usually associated with regular city parking tickets.
- VC 27315 Mandatory Seat Belt Law – Fines for this citation will increase for a second offense.
- VC 27360 Child Passenger Restraints: Requirements – This can be an expensive citation and increase with a subsequent offense, however, the code authorizes a dismissal or reduction in fines for participation in a court authorized child seat diversion program.
If you have been arrested for DWI or DUI, you need to find a criminal attorney who can help you defend your rights and protect your driving privilege, your freedom and your future. If you are arrested for DUI or DWI, a criminal defense attorney will be your best chance to overcome the short and long term challenges you face.
There are 2 different license suspensions associated with being charged with a DUI or DWI. There is a suspension that will result after a conviction of the criminal charges, which will be dealt with by the criminal court and another suspension due to the administrative charges that will be dealt with by the Department of Driver Safety. Please be aware! You only have 10 days from the day of arrest to get in touch with Driver Safety to request a DMV hearing!
It is essential that you request the hearing in a timely manner in order for the Department of Driver Safety to grant a “stay” of the suspension. This “stay” allows you to keep your driving privilege pending the outcome of the DMV hearing. This will also give your attorney time to investigate the charges and prepare any defenses that may be presented at the DMV hearing. This hearing also gives your attorney an opportunity to get a look at the evidence against you and get a jump on any possible defenses to be presented to the criminal court. It is vital to contact a lawyer as soon as possible if you are facing DUI charges. Once retained, a Criminal Defense Lawyer will contact Driver Safety for you, request the hearing and represent you at the DMV hearing.
The criminal charge of DUI will be prosecuted differently according to many factors, including age, blood-alcohol level, whether drugs, legal or illegal are alleged to have been in your system and the driving behavior that led to the stop that resulted in the charges. These charges may be filed by the prosecution as either a misdemeanor or a felony depending on the circumstances of the incident that lead to the arrest. DUI with an accident that caused an injury or a 4th DUI will usually result in a felony filing.
The prosecution will usually allege both charges and if provable, will require you to plea to at least one of the charges. If there are immigration issues, a knowledgeable criminal defense attorney should be consulted, as a plea to the wrong charge may affect whatever immigration issues an accused may be facing.
These charges are typically referred to as DUI (driving under the influence) and DWI (driving while impaired). Both are unlawful acts of driving or “operating” a vehicle while impaired by alcohol and/or drugs, and the offender or accused is strongly urged to secure legal representation.
- V C Section 23136 PAS Persons Under 21 Preliminary Screening Device
- Notwithstanding Sections 23152 and 23153, it is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle. However, this section shall not be a bar to prosecution under Section 23152 or 23153 or any other provision of law.
- A person shall be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years, and the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.
- (1) Any person under the age of 21 years who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test or other chemical test for the purpose of determining the presence of alcohol in the person, if lawfully detained for an alleged violation of subdivision (a).
- (2) The testing shall be incidental to a lawful detention and administered at the direction of a police officer having reasonable cause to believe the person was driving a motor vehicle in violation of subdivision (a).
- (3) The person shall be told that his or her failure to submit to, or the failure to complete, a preliminary alcohol screening test or other chemical test as requested will result in the suspension or revocation of the person’s privilege to operate a motor vehicle for a period of one year to three years, as provided in Section 13353.1.
A DUI or DWI conviction can have serious immigration consequences. Aliens convicted of a DUI may face deportation or the denial of green card renewals. If there are any immigration issues, you will need an attorney who is familiar with how criminal convictions can harm foreign residents and what can be done to mitigate these consequences.
Criminal Defense Lawyers put their reputation on being zealous, personal, and providing quality legal defense for clients charged with traffic offenses. They help you avoid points on your license, which can increase your insurance premiums and possibly lead to the loss of your driving privileges.
Personal Injury Lawyers fight for your rights in an auto accident or other personal injury case. If you have been involved in an auto accident our Personal Injury Law Firms will help you achieve a speedy and full recovery. We’re prepared to help if you’ve been injured or lost a member of your family due to the reckless, negligent, or illegal conduct of others. Personal Injury Law Firms like Little Rock Auto Accident Attorney, Tellez Law Group, will help you get the most compensation for your case!