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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27461
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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In California pursuant to Vehicle Code, Section 41500, A person

Customer Question

In California pursuant to Vehicle Code, Section 41500, A person serving more than 6 months can ask for his/hers previous traffic non-felony citations to be dismissed. If serving 4 months is there anything a person could do to get the traffic tickets even considered for dismissal?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
My name is ***** ***** I am an experienced criminal lawyer.
VC 41500 specifically states that you cannot be prosecuted for non-felony traffic tickets which were already pending against while you were in the custody of the department of Corrections, nor could your license be suspended if you failed to receive notice because you were in the custody of the Department of Corrections. Based on the strong language of the statute, which does not mention a minimum time that must be spent in jail or prison, you should be able to ask for dismissal of your tickets.