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Steinlaw, Attorney
Category: Legal
Satisfied Customers: 1811
Experience:  8+ years as an insurance adjuster, 7+ years as a personal injury and consumer law attorney
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Received a citation CA VC 23114 (e)(4) last Sept. 09 marked

Customer Question

Received a citation CA VC 23114 (e)(4) last Sept. '09 marked by sheriff as an infraction
Jan. '10 receive a notice from clerk in Yuba Co. CA to appear in court to answer a misdemeanor charge of same VC 23114(e)(4). First time cited for this ... 40000.16 of the CA Vehicle Code states that "... a second or subsequent violation ... within 2 yrs. of prior violation ... is a misdemeanor. Why the misdemeanor charge?
I go to court Mar. 11, 2010.
Submitted: 7 years ago.
Category: Legal
Expert:  Steinlaw replied 7 years ago.
Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you have put all of the information in your question. Also, due to site reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. Also, there may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. That being said...

This is actually a wobbler. In other words, the DA can charge it as a misdemeanor or as an infraction. You got the unlucky draw. You should retain a criminal defense attorney. You should be able to plea this out to an infraction.

Good luck.

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Customer: replied 7 years ago.
How would I "pea out to an infraction"? Can I do it myself on my first court appearance?
Expert:  Steinlaw replied 7 years ago.
You can do this at your first appearance. You talk to the DA, explain it is your first offense, and that you will enter a plea of no contest to an infraction.