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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27256
Experience:  10+ years defending Misdemeanor and Felony cases.
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Please answer if you are a legal expert in traffic law. I was

Customer Question

Please answer if you are a legal expert in traffic law. I was recently pulled over on a toll road in California. I didn’t have my transponder and I had no license plates (new car). I received a moving violation ( 23302(a) VC ). All I have to argue this is a transponder bill dated before the violation showing that I have a transponder account. I also have a letter dated AFTER the violation showing that both mine and my wifes car are on the account. So my only valid point is that I have a transponder account but that day I forgot it in my wifes car and didn’t realize it until I got pulled over. The officers point is that I don’t have license plates or a transponder so it looks like I was trying not pay toll. I want to fight this in court but I want to know if I have a strong case and if there is anything else that can make my case stronger or should I just give up and go to traffic school?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 8 years ago.
Forgetting to put the transponder in the vehicle you were driving, is not a defense to the toll violation. While it was certainly an accident, you had a duty to make sure that you had the proper equipment, registered to the proper car, when going through the toll booth. The evidence showing active accounts in good standing, would be a mitigating factor, if you lose at trial, before the Judge or Hearing Officer, assess fines and sentences you. You want to avoid just paying the ticket because it would result in points on your license. You can hire a traffic attorney in California and try and fight this OR you can elect to take traffic school to avoid any points on your license.