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Sierra900, Attorney
Category: Traffic Law
Satisfied Customers: 996
Experience:  Experienced California Attorney
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I got an cvc 23302(a)(2 ticket. yes. CALIFORNIA, FREMONT,

Customer Question

I got an cvc 23302(a)(2 ticket .
JA: Because traffic laws vary from place to place, can you tell me what state this is in?
Customer: yes . CALIFORNIA
JA: Do you need to appear in court? Can you share a photo of the ticket?
Customer: FREMONT
JA: Anything else you want the lawyer to know before I connect you?
Customer: YES.
Submitted: 8 months ago.
Category: Traffic Law
Customer: replied 8 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Sierra900 replied 8 months ago.


I have reviewed your document. How can I help?


Customer: replied 8 months ago.
Hi David, As I got an traffic ticket under 23302 (a)(2 . And I am planning to go to the court fight for the case. Would you kindly provide some suggestions of how should I fight for it?
Expert:  Sierra900 replied 8 months ago.


I will try. Can you tell me what happened? I don't have much to go on.


Customer: replied 8 months ago.
I have my active fastrak on hand not mounted on the window while driving on the express lane. So the police stopped me and give me a ticket due to unauthorized placement of toll transponder
Expert:  Sierra900 replied 8 months ago.


Well, that is tough one. Where exactly was it located? Was it always in plain view, or did you just waive it when you went through the booth?

Here is why I ask...

The code says: "shall be located in or on the vehicle in a location so as to be visible for the purpose of enforcement at all times when the vehicle is located on the vehicular crossing or toll highway."

If the facts support it, I think you could argue the it was on the dash or at least visible in the vehicle at all times. I don't see any requirement that it necessarily be mounted on the window.

I hope this helps.


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