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TRUCK AND TRAFFIC VIOLATIONS

Have you been stopped for a logbook violation at the CHP checkpoint on I-80 where it enters California?

Have you been given a speeding ticket requiring you to appear in the Truckee Branch of the Nevada County Superior Court?

If either of these have happened, you are required by law to appear in court in order to resolve the violation and to protect your driving privilege. If you are not a resident of the Truckee/Tahoe region, odds are that you will be unable to personally appear in court. We represent drivers in traffic court - we can make that court appearance for you.

As a driver facing a traffic citation you have many rights which are guaranteed by the U.S. Constitution or by California State law. You must understand your rights before we are able to defend you in court. If you do not understand these rights, please contact us by telephone.

YOUR RIGHTS - You have the following rights:

To have the complaint or citation read in open court.

To be represented by an attorney at all stages of the court proceedings and to be permitted reasonable time to find an attorney. If you are charged with a misdemeanor and are indigent the Court may ask you questions to determine whether you qualify for a court-appointed attorney. If you do qualify, the court will appoint an attorney to represent you. The court may also later require you to pay all or part of the cost of the attorney if your income changes so that you can afford the cost of an attorney.

You have the option of pleading not guilty, guilty, or no contest. If you plead guilty or no contest you will be convicted of the charge you plea to. A plea of no contest has the same effect as a plea of guilty except it cannot be used against you in a civil lawsuit.

You have the right to confront and cross-examine (question) all witnesses who would testify against you. Possible witnesses include the law enforcement officer that issued your citation.

You have the right to produce evidence to the court.

You have the right to remain silent. You cannot be forced to testify against yourself. You also have the right to testify on your own behalf if you choose to do so.

You have the right to have the court issue a subpoena, at no cost to you, to compel the attendance of witnesses who have information that can help your case.

You have the right for a trial within 45 days of a plea of not guilty.

If you are charged with a misdemeanor, you are entitled to have a speedy, public jury trial. At trial, you will be presumed innocent and will not be convicted unless 12 impartial jurors are convinced of your guilt beyond a reasonable doubt.

If you plead guilty or no-contest, to a crime or infraction you will be sentenced (given consequences). You have the right to delay sentencing for six hours and the sentence must be imposed within five days. The court will assume that you prefer to be sentenced immediately after conviction unless you request sentencing at a later date.

If you offer a plea of guilty or no contest and wish to provide an explanation to the court, you may do so after entering your plea of guilty or no-contest. Your plea of no-contest does not mean that you admit you are guilty, but the court will sentence you as if you had plead guilty. Your plea of guilty is an admission that you committed the offense, and your explanation will be considered only in determining the appropriate penalty. For example, a truck driver logging 9O hours in a week just to move the freight to its destination is plainly in violation of the 70 hour limit. On the other hand, a driver who had to drive extra hours to avoid a coming snowstorm has a legitimate explanation that will help decrease the severity of the sentence.

MAXIMUM PENALTIES

If you are convicted of any infraction, you may be fined $270. Upon conviction of a second infraction within one year, you may be fined a maximum of $540. A third conviction within one year carries a maximum penalty of $675. A fourth conviction may be treated as a Misdemeanor. Furthermore, especially if you are a commercial driver, your license may be suspended as a consequence for conviction for certain offenses. Fines are also doubled for offenses committed within construction zones.

DMV CONSEQUENCES

Traffic violations are based on a point system which will effect your California license if you have one, and may effect your license differently if you are licensed in different state. Ordinary traffic infractions are one point. Misdemeanor moving violations are typically two points. Convictions for infractions occurring in traffic zones are increased by 1/2 the point value (e.g. a one point violation becomes one and one half points). Non- moving violations do not carry points.

OTHER PENALTIES

Frequently the court adds a penalty assessment to a sentence which is usually $100 but can be a maximum of $1000. Convictions for traffic misdemeanors (attention Truckers with 7O+ hours) also require probation, usually for a period of one year. If you have been ordered to complete probation, this means that you must be careful and obey all laws while driving in California, and must also submit to the search of a law enforcement official without warrant. Misdemeanor convictions of Vehicle Code §23103 (reckless driving) and 23109 (speed exhibition or contest) carry possible sentences of 9O days in jail, a fine of up to $2,700 and a possible license suspension. Other misdemeanors including driving without a license (V.C. §12500) are punishable by 180 days in jail and a $2,700 fine. If you ignore your ticket and do not appear in court §40508(a) you may also face a fine of $2700 and 180 days jail time for failing to appear. A plea of 'guilty', or 'no contest' may be grounds for violating probation or parole granted in another case. If you are on probation or parole, be sure to discuss this with us before we go to court for you.

OTHER INFORMATION

If you are charged with a violation of probation (VOP) you do not have the right to a jury trial.

The court will permit you to make payments over time. If you need to make payments, the court will add a one-time fee of $35 to the total amount payable to the court.

If you are charged with a moving violation (speeding for example) you will have the right to a 'trial by declaration' which is a trial made by written statements. We can help you prepare your declaration.

Brent P. Collinson | Jason C. LaChance
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