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Like any new year in California, 2009 brings a batch of new laws affecting drivers.  Although there are less new amendments to the California Vehicle Code than last year, the new 2009 laws follow a growing trend to toughen the penalties for drivers caught driving under the influence of alcohol or drugs.

First on the list is a new law that changes the legal limit for blood alcohol content (BAC) for those who have been convicted of a DUI and who are on probation.  Assembly Bill 1165 makes it illegal for a driver on DUI probation to have any measurable amount of alcohol in their blood while driving.  This change effectively lowers the legal limit for drivers on  DUI probation from 0.07 to 0.01.

In addition to a lower limit on blood alcohol content, probationers will now also be required to submit to portable field breath tests (PAS) to determine blood alcohol content when asked by a police officer.   Previously, this portable breath test was optional for all drivers.  Drivers not on probation may still refuse the portable field breath test, and request another form of testing - such as a blood test.

This aspect of the new law (AB 1165) is somewhat controversial, because the portable breath test machines used in the field have a higher error rate and are less accurate than a direct blood test.  Because of this inaccuracy, drivers have traditionally been allowed by law to request a blood or urine test instead.

However, for some counties, these changes for DUI Probationers are nothing new.  Many judges in counties such as Santa Clara, and Santa Cruz Superior Courts, routiinely imposed similar probation terms on DUI Defendants before the new law was passed.  Judges have a wide range of discretion when imposing probation terms, and many judges imposed “zero tolerance” probation terms as a way of tightening down on DUI defendants.

Persons on DUI probation who violate the new law are subject to a new criminal misdemeanor case and to a separate charge of a probation violation.  Any probationer with a probation violation may have their probation revoked, and can then be re sentenced by the court.

Another change in the law for 2009 affects how Alcohol Interlock Ignition Devices (IID) are managed (Assembly Bill 1388).  Under this new law to amend the vehicle code, the responsibility for imposing a IID restriction on a person convicted of a DUI moves to the Department of Motor Vehicles - and will no longer be handled by the courts.

It is now easier for the court or DMV to require an IID installation.  Assembly Bill 1190 reduces the blood alcohol content that triggers a IID requirement from 0.20 to 0.15.

And defendants caught driving on a suspended drivers license which was suspended for an alcohol offense (Vehicle Code section 14601.2), can now be required by the DMV to install a IID on all vehicles they own or operate.  Previously, the court could “consider” requiring a IID for a VC 14601.2 defendant, and the DMV was not involved in the decision.  THis change is expected to result in an increase of the number of drivers that must install IID devices.

There is no change in the requirement that the defendant pay all costs involved in installing a IID.

In summary, it is now easier for the courts and DMV to impose additional penalties on those convicted of a DUI. And if you are on DUI probation, you cannot drive with any alcohol in your blood, and you should not ever drive without a valid drivers license in your pocket.

Traditionally, new passed amending the vehicle code go into effect in July of the new year (not Jan. 1).

For more info on new laws for 2009, see the CHP Press Release at:

New Laws for 2009 Vehicle Code

-Christopher Dort, Esq.

Editor

Email: cdort@dortlaw.com

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61 year old Football Star (accused) / Murderer, OJ Simpson was sentenced today in a Clark County Nevada Court after being found guilty by a local jury of 12 felony counts of Robbery, Kidnapping, Burglary and Assault with a Firearm.  The sentence came down for his role in an armed robbery scheme to take sports memorabilia items from a dealer meeting in a cheap Las Vegas hotel room.

The complicated 12 part sentence, once added up, gave OJ at least 9 years in Nevada State Prison before he is eligible for a parole hearing.  If denied parole, OJ may spend as much at 20 years in prison.

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But was his sentence fair?  Or was his sentence influenced by public sentiment related to his acquittal on charges that he murdered his ex wife and Ron Goldman in 1994?

Although 15 years ago a Los Angeles jury found OJ not guilty of murder, many people believe OJ killed his ex-wife Nicole Simpson and Ron Goldman in a jealous rage, and escaped conviction only through the sheer incompetence of the prosecutors and police officers involved in the case.

After the acquittal in criminal court, in 1997 the families brought a civil case against Simpson for wrongful death.  There in civil court, a jury found OJ responsible for the wrongful deaths of Nicole Brown and Ron Goldman, and found him liable for money damages to their families. Some observers of this civil trial reported that the evidence was “overwhelming” against Simpson.

Nearly all of the multimillion dollar judgment against OJ in that civil case remains unpaid today, after 10 years. But OJ has been seen playing golf in Florida, and the images of a still wealthy OJ have raised calls for reform of the civil legal system that may allow the rich to escape court judgments.

Worse yet, there have been mainstream media reports that OJ is hiding money from the victim’s families despite the court judgment, and that he has made a fortune on secret cash deals while attending sports memorabilia shows by signing autographs in backrooms.

OJ also seemed to flaunt his escape from justice by trying to publish a book on the murders entitled:   “If I Did It”.

Publication of the book was anticipated to generate huge sales, until the Goldman family killed the project by getting a court injunction to seize rights to the book. It was never published.

In this most recent criminal trial for robbery, OJ claimed he was trying to recover property that belonged to him, and which was stolen from his home. No one was hurt in the incident that took place in a very small room, and it was over within minutes.

So when the sentence came down, it seemed harsh to some observers.  Was it for taking sports memorabilia, or for lost justice on the murders?

OJs acquittal on murder charges in 1994 was clearly on the mind of all in the courtroom on a daily basis in Las Vegas.  It was discussed among all reporters on the trial through their news reports.  It was addressed by the judge during jury selection, where the stern judge told potential jurors it was not a trial on the murders.

And perhaps the most powerful manifestation of the influence of the murders was the presence of the Goldman family, sitting in the courtroom when the Judge read OJ’s sentence. Their faces are famous symbols of an American justice system gone limp.

The murders of 1994 could not be ignored, and victims Nicole Brown and Ron Goldman were in the court, at least in spirit.

During OJs sentencing, OJ stated he was “Sorry”, and that he did not mean to hurt anyone.  He stated that he loved Nevada, and that he had worked there in the summers for his uncle in 1961.  But the apology did not have a long run for a winning score.

Judge Jackie Glass told OJ she thought he was arrogant, and ignorant.  She showed no hesitation in sending him to prison for a term of 9-20 years despite the fact he is a senior citizen. She even charged him$140 for a DNA test.

Ultimately, it could have been worse for OJ.  Attorney sources seem to agree on one thing:  the sentence was routine for these kind of facts.

As one defense attorney put it:

“OJ was facing life in prison on the kidnapping count alone.  The fact that he has a parole eligibility date at all is proof that he was treated fairly, without regard to the murders.”

OJ can appeal his convictions, and is likely to seek a new trial based on errors by the court during trial.  Observers agree that a reversal on appeal is unlikely, and OJ will remain in prison while his appeal is pending.

OJ will be eligible for his first parole hearing in late 2017, but sources indicate that it is rare for a violent felon to be released at the first parole hearing.  At age 61, it could be an effectively life sentence for OJ.

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Recently we reported that the Monterey County Superior Court had taken the giant leap of offering the public free wireless internet access at its courthouses.  Now, we are pleased to report that we have discovered free wireless internet access at the Watsonville Courthouse in Santa Cruz County.

The addition of free and EZ internet access has too many advantages to the public to fully list here:  persons in court can look up statutes on the spot, traffic court defendants have instant access to maps of the location where their alleged violations occurred, and all court users can instant get access to required court forms without having to wait in line at the court clerks office.

Traffic Court visitors now can even access free Traffic Court Self Help Videos from Traffic Court Pros.com inside the courthouse.

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When combined with improved internet access to case records in nearly all courts in California, the introduction of free wifi in Wastonville is a great advance in improving public access to the traffic court system and should reduce strain on the court clerks office and phone lines.

Who knows - it may also reduce the noise of impatient children waiting with their parents because now children can play Grand Theft Auto on-line while their parents wait for a court appearance.

-Christopher Dort, Esq.

Editor

Email: cdort@dortlaw.com

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We often get questions at TrafficCourtPros.com from users who go to court on the date listed on their citation and are told by the traffic court clerk:  There is no record of your citation.  How in the world can this happen, and what should you do?   Here are some answers.

Why It Happens:

Most traffic courts are way behind the curve when it comes to the use of technology.  A perfect example of this is the fact that nearly all traffic tickets are handwritten by an officer on a piece of carbon paper (like people used to use in the 1950s), and then mailed to the court.  There is no electronic filing of traffic citations in most California courts.

Once a traffic ticket is hand written by an officer, he or she sends it to the court (usually by snail mail), and then in most courts, a clerk has to enter the information on the ticket into the courts computer network by hand - if they can read it. Some courts will do electronic scanning of citations, but it is rare.

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This process often takes longer than the 3 or 4 weeks the police or CHP officer gives the driver to show up in court.  And if the court does not get the ticket entered soon enough, there will be no record of the citation (according to the court) until after the court date listed on the ticket has passed.  This is a common occurrence.

However, a missing ticket does not mean that the ticket is void.  Once the court gets the citation entered, they will set a new court date, and send notice to the driver by regular mail to the address listed on the citation.

When drivers do not get this new court date notice, or do not understand what is happening, it can cause big problems.   Most commonly, it causes a defendant to miss a court date that they never new about, even though they tried to appear in court on the date listed on the citation.  Then, once a court date is missed, the drivers license gets suspended for a failure to appear. It is a truly unfair problem caused by the arcane processes used by the courts.

It is amazing that this happens.  You can buy auto insurance on-line with an Iphone while driving on the freeway at 70mph, and the DMV gets notice within about 5 minutes.

But some courts cannot process a traffic ticket in 3 or 4 weeks, and they do not tell people how to correctly deal with the cituation when they do not get it done.  They make the problem worse with in efficiency.  It is a crazy fact of traffic court.

Prevent and solve the “no record of citation” problem:

If you go to court on the date listed on a citation, and there is no record of your citation:

1) get proof you were at the court from the court clerk in writing; and

2) make sure the court and the Department of Motor Vehicles have your correct address.

If you have the original ticket - take a copy of it to the court and give it to the court clerk. Ask the clerk to enterit now.

If you take these steps, and later the court claims you missed a court date, you will have a complete defense. And make sure you keep checking the mail for a correspondence from the court with may contain a new date.

One last tip:  Do not rely on a phone call to the court.  Go in person.

-Christopher Dort, Esq.

Editor

Email: cdort@dortlaw.com

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In our never ending effort to add useful free self help content to our site, we came across the opportunity to publish traffic court self help videos by various independent attorneys.

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Our current collection includes some 20 videos on common traffic court problems, and we will be adding to the list as soon as we find more quality content. Current self help videos include:

• the difference between driving on a suspended license and driving without a valid drivers license; 
•  how arraignments and the bail process work;
• how to fight a traffic court case when there is no prosecutor;
• how to fight a speeding ticket

Although we did not write or produce the videos, our reviewers concluded that each we have chosen contains some useful information.  If you are an attorney and have a related self help video you want to publish - send it to us!

-Traffic Court Pros.com

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Last week in the LA County Superior Court, pop star Britney Spears went on trial for a misdemeanor charge of driving in California without a valid California drivers license. She did not attend the trial, and did not present a California drivers license, but still avoided a conviction. How did that happen? Here is the explanation.

The Facts:

Britneys case began near her well home in Malibu, where she used to reside with former husband Kevin Federline and 2 kids. While driving around Los Angeles to run errands, with photographers chasing, Britney lightly crashed into a parked car in a parking lot.

(Picture source: Brandnu.org)

It is reported that dozens of photographers were following the star at the time, and that there are hundreds of photos of the incident.

When police arrived on the scene to take a routine collision report, they asked Britney to show her California drivers license. She could not produce one.

As a result, she was given a citation for a misdemeanor violation for driving without a valid drivers license.

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Sound Guilty?

If you are a California resident, you must have a valid California drivers license in your possession to drive in California. Failure to have a valid CA drivers license while driving is a misdemeanor crime that can lead to six months in the county jail. (California Vehicle Code section 12500(a)).

Frequently, the common sentence on a Veh Code 12500a violation is less serious. Most violators are offered a fine only sentence (about $200) if they will plead guilty. And the DMV will not add a “negligent driver point” to their driving record. The courts offer this reduced ssentence to prevent a waste of the courts time in pointless trials.

But if a VC 12500 defendant pleads “not guilty” to the charge, they have a right to a jury trial. If they lose the trial, the judge is free to sentence the defendant to the maximum sentence.

Because of this risk, most people take the 200 fine and plead guilty without wasting the courts time and resources. This is especially true if the driver did not have a valid CA license.

For more info on Dealing with VC 12500 violations, see the TrafficCourtPros.com article on the subject.

Requirements for Conviction:

To get a VC 12500(a) conviction at a trial, the government (represented by the District Attorneys Office in LA) must prove all of the following:

1) Defendant was a resident of CA at the time of driving;
2) Defendant was driving;
3) Defendant did not have a valid CA drivers license in his or her possession at the time of driving.

If any of these required “elements” of the VC 12500 crime are not satisfied, a jury is instructed they must acquit the defendant (find them not guilty).

At the trial, a 12 person jury must come to a unanimous vote one way or the other.

Brittneys Trial:

Despite the fact that did not have a California Drivers License, Britney refused pay the usual fine and plead not guilty. She hired a team of trial lawyers, and demanded a jury trial. And she was able to do it all from home.

Under California law, defendants charged with minor misdemeanors, such as a VC 12500, can have an Attorney make court appearances, present a defense, and conduct a trial for them. Once Britney had an Attorney, they could do all the work for her.

During the trial, which lasted several days, 12 average everyday LA citizens sat in a uncomfortable courtroom, in uncomfortable jury chairs while they listened to mind numbingly boring evidence from police officers and witnesses to the star’s fender bender.

What Was the Defense?

The only defense that arose from the entire trial was the notion that Britney may not be a legal California resident. There was no CA license, and it was undisputed that she was driving.

Instead, Britney’s defense Attorneys argued that the prosecution did not produce evidence in trial that proved Britney was a legal CA resident. Because of this, they argued, one of the required elements of a conviction was not present, and a not guilty verdict was required.

As a side note, they hinted that she may have had a Louisiana Drivers license, and that she actually lived in LA Louisiana, and not LA California.

Jury Deadlocked 10-2 for Not Guilty:

After all the evidence was in, somehow, there were 10 people in the 12 person jury that voted for not guilty. They either did not believe that Britney lived in CA, or did not believe that the prosecution presented sufficient evidence. Or maybe they simply wanted to vote in Britneys favor despite the law?

2 jurors voted for guilt. But that is not enough. In California, all of the jurors must agree on a verdict - one way or the other.

After 2 days of jury deliberations in a closed room in a crowded LA courthouse, the jurors could not agree. They sent a note to the judge stating that they were hopelessly deadlocked, and could not reach a decision.

The judge responded to the note with what is commonly known among defense attorneys as a “dynamite” instruction to the jury: Go back in the room, and come out with a verdict.

Usually, and instruction of that type leads to a quick verdict for guilt. The jurors want to go home, and there is some evidence of guilt, so they change their vote to guilty, make the other jurors happy, and go home.

But here, Britney got lucky. The 10 jurors voting in favor of her innocence stuck to their guns and the jury remained deadlocked.

Judge Forced to Declare a Mistrial:

Because the jury reported for a second time that they could not reach a unanimous verdict, the Judge decided it was hopeless. Technically, a hopelessly deadlocked jury results in a “mistrial”, meaning that it cannot finish with a reliable verdict. So the Judge formally declared a mistrial, ended the trial, and sent the jurors home.

Prosecutor Declines to Refile:

When a mistrial happens, the prosecutor has the option of refilling the case and starting over. The prosecutor can demand a retrial, and get a second chance at convicting the defendant.

But in Britneys case, prosecutor Michael Amerian confessed he has no intention to push for a retrial. His decision was not based on the fact that Britney was factually innocent, or that she did not live in CA.

Rather, he declined to continue with the case because it was really just a waste of time. He stated: “We put our best foot forward. It just goes to show you how difficult it is to convict a celebrity in Los Angeles.”

Jurors Unhappy With the Trial:

Jury foreman Gary Moy explained: “We felt deadlocked from the beginning, there were lots of questions about lack of evidence, whether Spears had a Louisiana license or not, what the definition of residency was.

“We felt we were never given all the facts in the case. Some jurors felt their time was wasted.”

End Result a Win for Britney: Attorneys Made the Difference:

With the mistrial and decision to not refile, Britney Spears beat her VC 12500(a) case. She will not have to pay the $200 fine, will not have a misdemeanor conviction, and will not have to spend any time in jail.

In this case, there can be no doubt that Britneys defense Attorneys made the difference. Somehow, they convinced enough jurors there was not enough evidence that Britney actually lived in CA.

Maybe it is proof of the saying:

“A prosecutor needs 12 responsible jurors to vote on his or her side, but a defense attorney only needs 1 crazy juror.”

-Christopher Dort, Esq.

Editor

Email: cdort@dortlaw.com

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Does Singer Briney Spears love to stir up trouble? You bet. Here is more proof.

Britney Spears is currently on trial in the LA County Superior Court, Van Nuys Courthouse for a misdemeanor charge of driving without a valid drivers license (Vehicle Code section 12500(a)). The trial is pointless, and her defense is ridiculous. But ironically, she may win.

The case arose from an August 2007 incident when paparazzi photographer chasing valuable photographs, filmed her hitting a car in a parking lot and driving away. Spears was driving, and when contacted by police, could not produce a valid California drivers license.

Source: Wikipedia

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After a two day trial in front of a jury of her working class “peers”, and a second day of deliberation by the jury members, the jury could not agree on a verdict. They announced to the judge, Judge James Steele, they may be deadlocked.

The law requires a unanimous Jury Verdict.

What’s the issue? There is no dispute one most points. She did not have a valid CA drivers license. And there is no dispute that she was driving. There are hundreds of pictures of the incident. But get this:

Britney’s lawyers argued to the jury that she had a valid Louisiana drivers license, and because she did not really live in LA, California, she did not need a California drivers license. According to the defense lawyers, Britney Spears actually lives and drives in LA, meaning Louisiana, not LA, Los Angeles.

“She is a Louisiana girl, born there, lived there, and going back there as soon as things are straightened out here,” Attorney Michael Flanagan told jurors in his closing argument.

What? That is crazy talk.

If you do not live in California, you do not need a CA drivers license for temporary driving. But if you live here, you need a valid California drivers license. Having an out of state license does not work if you live in CA.

And Britney’s wild, paparazzi chased Benzo-chino runs to the Malibu Starbucks down Hwy 1 have been well documented for years. How can she claim she does not live and drive in LA with a straight face?

The answer is that she does not have to go. She is not there. Her lawyers are making the arguments in trial for her, and because the case is not serious, she is not required to be present in court.

But the jury does have to be in court.  And they have to agree, or there is no verdict.

Spears demanded a multi day jury trial after rejecting a plea agreement that would have cost her a $100 fine and a year of informal probation.

If she wins, she will avoid the $100 fine. If she loses, technically, she could be sentenced to jail time. But actual jail time on a VC 12500(a) case first offense is super rare according to Attorney sources.

A judge may increase a punishment for a defendant convicted at trial if there are aggregating factors the judge takes into account at sentencing.

If the jury is unable to agree on a verdict either way, guilty or not guilty, the judge will be forced to grant a mistrial.

A prosecutor may refile charges after a mistrial, but usually a defense attorney would consider a mistrial a win in a case of this sort. The prosecution is unlikely to refile due to the waste of resources involved compared to the minor nature of the charge.

The judge is expected to give the jury another day to deliberate, then consider a motion for a mistrial.
In general, a trial on an offense of this nature is very rare, because it costs much more to have the trial than the cost of the fine if a defendant pleads guilty without a trial. When there are trials on these cases, usually it is the public defenders office representing an indigent client to get a young attorney trial experience.

In this case, these high paid lawyers may be proving that wealth makes a difference, even in traffic court.

-Christopher Dort, Esq.

Editor

Email: cdort@dortlaw.com

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One of New York’s Congressional Representatives is now a convicted criminal. After losing a court trial, Republican Vito Fossella was found guilty today of a misdemeanor driving under the influence charge in New York’s District Court. But why in the world did he not just plead guilty?

Source: Wikipedia

The facts look bad. Rep. Fossella admitted driving after drinking what he called “a glass and a half of wine . . . . and a few sips of wine later [at a tavern]”. His blood alcohol content was measured by an Intoxilizer 5000 machine at 0/17%, 2x the legal limit in the state of Virginia, where he was arrested.

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The arresting officer trestified Fossella told him he’d had two or three glasses of wine. “There was a strong odor of alcoholic beverage coming from the car and his lips were stained red,” police officer Jamie Gernatt testified in Alexandria General District Court.

Attorneys familiar with the case tell us that the real issue in the case was whether or not the officer has a legal right to pull Fossella over and detain him for a DUI investigation. If Fossella lost, as a matter of law, on the issue of whether the detention was legal, then he had no chance of winning the trial.

Because the only real issue was the legality of the detention, Fossella waived his right to a jury, and let the judge make the decision. It appears that a jury would have been less receptive to the “legal technicality” defense once they heard the evidence, and therefore Fossella elected to let the judge make a legal decision.

At any rate, he was not successful, and was convicted. Fossella’s likely sentence will be suspended (paused), provided he does 5 days in jail, converted to community service with other probation terms. If he violates probation, he faces 30 days in the county jail.

However, the real damage and punishment is thought to be the damage to his career as a politician. He has announced he will not seek reelection.

Is there a way to clear a warrant in California if you live out of state? Well, there is no way to recall a warrant over the phone. But for the vast majority of misdemeanor warrants in California criminal and traffic courts, the answer is yes, if you have an Attorneys help. Here is how it works.

To understand how to get it done without going to court, it is helpful to know a little about how warrants function. Warrants originate from pending court cases. Most of the time, they are issued by a court because a defendant failed to appear in court, failed to pay a fine, or failed to comply with a probation term.

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Warrants are orders from the court to law enforcement agencies designed to keep a pending case moving forward. Most of the time, the order says something to the effect of “take the defendant into custody and bring them to court.” Form the court’s perspective, the goal of issuing a warrant is to get the defendant into court.

There are many different types of warrants. There are bench warrants, arrest warrants, no bail warrants, and clerks release warrants. But these warrants can basically be broken down into 2 categories: misdemeanor warrants, and felony warrants.

Misdemeanor warrants are issued from misdemeanor traffic or criminal division cases where the maximum penalty is one year or less in the county jail. Felony warrants come from pending felony criminal cases where a defendant is facing one year or more in the state prison system.

Warrants are almost never issued from parking tickets.

In misdemeanor cases, a licensed Attorney can do the work for a defendant, even if the defendant lives in a different state. This is because there is a law in California that allows an Attorney to appear in court for a defendant on most misdemeanor cases and to take care of the case without the client being present in court. The law is California Penal Code section 977.

Under authority of PC 977, an Attorney can go to court for a defendant, enter or change a plea, set trial dates, and negotiate or finalize plea agreements. In most misdemeanor cases, an Attorney can end the case completely for a defendant, and make arrangements to pay a fine, complete community service, or even select a surrender date for jail time if the defendant is sentenced to jail.

Because of this, in many misdemeanor cases, a defendant does not have to go to court at all if they hire an Attorney to do the work for them. This is one of the most valuable benefits of hiring an Attorney to represent you on a misdemeanor case.

If you avoid court dates, you can continue your work without interruption, and go about your life without the stress of waiting in court lines, and the embarrassment of standing in front of the judge.

This is true even if a defendant lives out of state. For example, a DUI defendant who lives in Oregon, but who hires a California Attorney can resolve the case and get his or her sentence without ever returning to California for a court date.

There are some exceptions to the rule that an attorney can appear for a defendant. Specifically, a defendant must appear in court if there is going to be a jury trial. However, more than 90% of all misdemeanor cases end without a jury trial, so this exception is rare.

Another exception is some Domestic Violence charges. For many DV violations or charges, the penal code actually states that a defendant must appear personally.

Finally, in felony cases, a defendant must appear in court.

How does all this apply to a person with a warrant who lives out of state? Well, it works like this:

In misdemeanor warrant cases, an Attorney can go to court for the defendant, notify the court that the defendant has hired defense counsel to resolve the case, and thereby get the case back on track. Once that is done, the Attorney can ask the court to recall the warrant.

Because the warrant is really just a way for the court to reestablish contact withthe defendant, and to get the case back on track, once that is done, the courts will generally recall the warrant without the defendant being present.

The judge can deny an attorneys request to recall a misdemeanor warrant, but it is somewhat rare. For example, some judges, such as Santa Clara County Superior Court Judge Hastings always requires the defendant to show up in court at least once to recall a DUI bench warrant. But other judges in Santa Clara will grant an attorneys request routinely.

So the bottom line is this: if yopu have a California misdemeanor warrant, and you live out of state, you can hire an Attorney to do the court appearance work for you. And in most misdemeanor cases, if a defendant has to travel to California and miss work to get a warrant cleared, hiring an Attorney to do the work is often the most economical way to solve the problem.

-Christopher Dort, Esq.

Editor

Email: cdort@dortlaw.com

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Traffic courts sometimes refer old traffic citations to private collection agencies such as GC Services or AllianceOne to recover payment of the fine amount. When this happens, it can be extremely frustrating for the everyday person. Here is how it works, and tips for limiting the frustration.

When a court refers a case to collections, the court tells the collection agency the maximum fine possible, and allows the collection agency to try to collect it using whatever methods they prefer.

If the collection agency is successful in gettiing an old fine paid, they get a commission from the court.

Because they get a commission, the collection agency will often use underhanded tricks and harassment to get you to pay. They will make threatening calls at dinner time, send threatening letters, and report a delinquency on your credit report.

Worse yet, if you call them, they may tell you there is nothing you can do except pay them, when in fact that is not true. They do not want defendants to have court appearances, because it takes their commission away.

To effectively get useful information from a collection agency about the true options on your case, follow these EZ tips:

1. Ask if you still have the right to a trial date.

For most failure to appear cases, the defendant still has the right to a court date and to fight the case, even if the case was sent to collections. But if a defendant plead guilty, and failed to pay, there may be no access to a new court date.

If you still have the right to a court date, it may be possible to get the fines dismissed or reduced, to get traffic school, or to get a payment plan from the court directly.

If you are told that you cannot have a court date, call the courts traffic court clerk to confirm that is true.

I recommend that you do not just pay what GC services demands if you still have the right to a court date.

If you do pay GC Services, you are admitting guilt to a penalty that is probably inflated. And you are also giving up the possibility of traffic school to protect your driving record.

2. Ask to speak with a supervisor if you are not getting clear answers.

Supervisor Michael Swain covering the LA County cases at (800) 352-3778 has been very helpful and accurate in the past.

3. If you pay the Collection Agency, make sure you get proof of payment and send that proof to the court as well.
We have seen many cases where the defendant paid GC services for a fine and then later the court or DMV demanded payment again. If you do not have proof of your payment with the case #, and amount, you may not get credit for the payment with the court, and it is the court that is the source of the problem.

Even if your case was referred to a collection agency, you may still benefit from an attorneys help. Request a free case review from Traffic Court Pros.com.

-Christopher Dort, Esq.

Editor

Email: cdort@dortlaw.com

Need help with a traffic court problem, Suspended License, Failure to Appear or Warrant?

Traffic Court Pros.com can help! Get a Free Case Review (Click here)

Or research your issue with our Traffic Court Pros.com Custom Search:

DUI Process: Clear Your DMV Record with an Expungement.
Question about this article? Post a comment and we will try to respond with useful info.