Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I was cited for driving 49 mph in a 35 mph zone. I haven't…

Customer Question
I was cited for...

I was cited for driving 49 mph in a 35 mph zone. I haven't rec'd a traffic citation in over 30 years..If I contest this in court with an attorney and fail to win the case, will I lose the OPTION to attend TRAFFIC VIOLATORS SCHOOL and subsequently have my record cleared?

Lawyer's Assistant: Because education law varies from place to place, can you tell me what state this is in?

Sonoma County, Calif.

Lawyer's Assistant: Do you need to appear in court?

If I pay the bail and traffic school fee by mail or internet, L am not required to attend court.

Submitted: 5 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
11/19/2017
Lawyer: Legal Eagle, Lawyer replied 5 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,280
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a CA licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Ask Your Own Legal Question
Lawyer: Legal Eagle, Lawyer replied 5 months ago

Thank you so much for your patience. Generally, if you plead not guilty to a traffic citation in California, then you go to trial and lose, then the judge might give you the option of attending a traffic school in the end. However, it depends on the severity of the crime and it is entirely the judge's discretion. You could always be found not guilty of course and have the entire ticket dismissed. What other questions did you have for me?

Ask Your Own Legal Question
Customer reply replied 5 months ago
REGARDING SEVERITY OF CRIME I was originally driving 49 mph in a 40 mph zone. (Most cops don't pull you over unless you are doing 10 mph or more over the speed limit.) I missed seeing the FIRST sign that reduced the speed limit to 35 mph; It turns out I drove 49 mph in a 35 mph zone for only a few hundred yards prior to the cop initiating the vehicle stop. When the cop turned on the lights and siren I pulled over immediately and safely (literally within less than 10 seconds) into a parking lot. I was entirely polite and cordial throughout the vehicle stop. The cop didn't ask any questions about the circumstances of my speed and I offered no excuses. The cop was polite and professional, issued the citation and released me without delay. My only complaint is that pulling a vehicle over within yards of a reduction of the speed limit appears suspiciously like an UNETHICAL SPEED TRAP. REGARDING THE JUDGE'S DISCRETION: I telephoned the court this morning and asked "if I contest the ticket in court with the representation of an attorney and fail to win my case, will I lose the option to clear the record with traffic violators school?" I was told unequivocally that I would still retain the option to clear the record by attending traffic school. POSSIBLE ADDITIONAL STRATEGY: Take advantage of opportunities to postpone previously scheduled court dates. Schedule the first court date ASAP (before Thanksgiving if possible) then ,at the last minute, cancel and reschedule before beginning of December. Next cancel this court date, again at last minute,and reschedule as close as possible before December 25. Possibly the cop will become increasingly frustrated with this series of cancellations in my case and he won't want to attend court near Xmas. I will attend the court on the date near Xmas WITHOUT MY ATTORNY. If the cop does not show up for court, I'll request dismissal. If the cop shows up for court, I'll explain that my attorney was unable to attend and. request another postponement. IF I HAVE YOUR FIRM REPRESENT MY CASE IN TRAFFIC COURT, WHAT IS THE COST?
Lawyer: Legal Eagle, Lawyer replied 5 months ago

Thanks for your response to this. If no one was hurt, if you weren't drunk, and you didn't injure any property, then you likely will be given the option of traffic school if you decide to fight it and lose. As far as your strategy, I would be careful about using the court's time like this. Generally, if you reschedule, you have to have good cause. So, you may need to to have declarations or other evidence to help support your case. If you're not prepared for a denial, then it'll hurt your case. Otherwise, you can certainly try it. Unfortunately, my plate is a bit full so I won't be able to help you. However, there are some other options.

One of the hardest things to do sometimes is find a lawyer that you can trust. Google searches are a good place to start, but usually the lawyers who pay the most can get bumped up to be on the first page regardless of their quality. One thing I recommend is going through your state’s lawyer referral service (LRS). The LRS in each state typically requires the attorney to have several years of practice, be free of discipline, and have adequate staffing to assist people. Here is the link for the California LRS - click here.

What other questions did you have for me?

Ask Your Own Legal Question
Was this answer helpful?
Ask Tina Your Own Question
Tina
Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8,775
8,775 Satisfied Customers
Experience: JD, BBA Over 25 years legal and business experience.

Tina is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I am looking for legal representation to file a petition to
I am looking for legal representation to file a petition to have my sister removed as power of attorney for my mom … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,700 satisfied customers
If you will I need assistance in locating representation for
Please if you will I need assistance in locating representation for a criminal case. May I give you my number for contact. I need Council as soon as possible. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I'm interested in legal representation in NY state. The DMV
I'm interested in legal representation in NY state. The DMV is alleging driver license fraud against me. Do you offer referrals, or just advice?… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Can I file a writ of mandamus myself in federal court.
Can I file a writ of mandamus myself in federal court … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
In federal court in a case with counterclaims does a
In federal court in a case with counterclaims does a stipulation to dismiss the case with prejudice also dismiss the counterclaims?… read more
Lori
Lori
Juris Doctor
1,076 satisfied customers
CAn I file a petition with DHS to enforce a US Federal Court
CAn I file a petition with DHS to enforce a US Federal Court judgment against a corporation or individual if that individual or member of the corporation travels to the United States? I have a US Dist… read more
Edward Young
Edward Young
Juris Doctor
339 satisfied customers
What is the Statute of Liimitations in Federal Court for
What is the Statute of Liimitations in Federal Court for when restitution payments will end. I was told by my attorney 20 yrs. ago that it woud end after 25 yrs. or when I turned 65yrs. I am presently… read more
Ray
Ray
Lawyer
Doctoral Degree
32,117 satisfied customers
I need representation to answer an order to appear in
I need representation to answer an order to appear in Ozaukee County Wisconsin on March 20, 2018 @ 9am, but I live in California and cannot afford to travel to Wisconsin to appear in court to review c… read more
Sean K
Sean K
Attorney/Member
JD
451 satisfied customers
My mother has an arraignment hearing in federal court in
My mother has an arraignment hearing in federal court in Columbus GA one week from today. She is currently with me in CA in a 30 day alcohol treatment program and is also early stage dementia and high… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
I want to file a lawsuit prose in federal court under
i want to file a lawsuit prose in federal court under diversity of citizenship. The amount in controversy is over $100,000. The defendant is in Pennsylvania and I live in Florida. It is a breach of co… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,877 satisfied customers
A procedural question - federal court and the filing of
A procedural question - federal court and the filing of amended complaints. When a judge has not yet ruled on your leave to file a SAC, and you might wish to replace the proposed SAC with a Second Ame… read more
Damien Bosco
Damien Bosco
4,179 satisfied customers
If a case is removed from state court to federal court, then
If a case is removed from state court to federal court, then remanded back to state court, by the judge, and there is a federal question involved, can the defendant seek a dismissal on grounds of the … read more
Legal Eagle
Legal Eagle
Lawyer
10,280 satisfied customers
If I moved my UD case from State to Federal Court, and
If I moved my UD case from State to Federal Court, and Federal remands back to State, do I need to continue doing anything with Fed. Court, or am I finished with them, unless I choose to pursue the UD… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,928 satisfied customers
When does discovery END in Federal Court? I.e. when does the
When does discovery END in Federal Court? I.e. when does the time for a defendant to request production of discovery end? There has never been FRCP 26 conference held. Nor has there been any other con… read more
Legal Eagle
Legal Eagle
Lawyer
10,280 satisfied customers
Is it required that a written representation agreement or
Is it required that a written representation agreement or fee agreement be signed by a client when they work with a lawyer? … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Federal court. If judge issued an Order for a case status
Second opinion] Federal court. If judge issued an Order for a case status report "no later than 7 days" from 12/27/2017, what is the latest possible date and hour to respond? And what happens if that … read more
Amadeo Rivera
Amadeo Rivera
JD
85 satisfied customers
I want to file a Complaint in Federal court against the
I want to file a Complaint in Federal court against the Federal Energy Regulatory Commission under the Administrative Procedures Act. The case meets all 4 prongs of the test to determine if the facts … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
When a federal court concludes that it lacks subject-matter
When a federal court concludes that it lacks subject-matter jurisdiction, and then states "the court must dismiss the complaint in its entirety." Do they mean, remand it to state court if it has been … read more
Legal Expert Justin
Legal Expert Justin
Law Degree
229 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x