California Traffic Ticket Defense Lawyer

At R Fenn Law, we staunchly defend clients in California traffic infraction matters, including speeding tickets, red light violations, and other traffic citations. Although it may seem easier to plead guilty and pay the fine, doing so can lead to points on your license, increased insurance rates, and more serious consequences if you receive another ticket in the future.

An experienced traffic ticket attorney can help you review the facts surrounding your citation, evaluate the officer's procedures, examine the evidence, and determine whether there are legal or factual issues that may help protect your driving record.

Why You Should Not Automatically Plead Guilty to a Traffic Ticket

Many drivers pay a traffic ticket without fully understanding the consequences. A guilty plea or conviction may result in:

• Points on your California driving record
• Higher auto insurance rates
• DMV consequences for repeat violations
• Increased penalties for future traffic citations
• Possible issues for commercial drivers or professional license holders

Before paying a ticket, it is important to understand your legal options. Depending on the facts of the case, there may be defenses related to officer observations, radar or lidar use, signage, speed surveys, visibility, traffic conditions, or procedural issues.

How R Fenn Law Can Help With a California Traffic Citation

Our firm can help you examine the circumstances surrounding your traffic citation and look for evidence that improper police procedures were performed or that the citation may not be fully supported by the facts. Our goal is to help clients avoid unnecessary penalties, reduce the risk of points, and make informed decisions about how to handle their case.

Traffic matters may involve questions such as:

• Was the speed limit properly posted?
• Was the officer's equipment properly used?
• Were road, weather, visibility, or traffic conditions considered?
• Was the citation issued under the correct California Vehicle Code section?
• Is traffic school available?
• Could the conviction affect insurance or DMV point counts?

California Traffic School and Protecting Your Driving Record

In some cases, a person who receives a California traffic ticket may be eligible to attend a licensed traffic violator school, commonly known as traffic school. Traffic school can be an important option for drivers who want to avoid having an eligible conviction appear as a public point on their DMV record.

Under California Vehicle Code Section 42005, after a deposit of bail, a guilty or no contest plea, or a conviction, the court may order or permit an eligible driver to attend a traffic violator school licensed by the Department of Motor Vehicles.

Under California Vehicle Code Section 1808.7, the first eligible conviction within 18 months may be kept confidential by the DMV after successful completion of a traffic violator school program. When the conviction is kept confidential, no violation point count is assessed under Vehicle Code Section 12810.

However, traffic school is not available in every case. Some violations, commercial motor vehicle offenses, violations carrying more than one point, and other disqualifying circumstances may prevent a driver from receiving the full benefit of traffic school. Commercial driver's license holders may also be treated differently under California law.

A person ordered or permitted to attend traffic school may choose which licensed traffic violator school to attend. Licensed traffic violator schools are required to report successful completion through the DMV database and provide the student with proof of completion.

Because traffic school eligibility depends on the specific facts of the citation and the driver's record, it is important to speak with an attorney before deciding how to proceed.

California Speeding Laws

California speeding tickets may be issued under several different Vehicle Code sections depending on the type of road, the posted speed limit, the driver's speed, and the circumstances surrounding the alleged violation.

California Vehicle Code Section 22349(a): Maximum Speed Limit

Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.

California Vehicle Code Section 22349(b): Two-Lane Undivided Highways

No person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion of the highway, has been posted for a higher speed by the Department of Transportation or the appropriate local agency based on an engineering and traffic survey.

For purposes of this section, a two-lane, undivided highway generally means a highway with no more than one through lane of travel in each direction. Passing lanes are not considered when determining the number of through lanes.

California Vehicle Code Section 22350: Basic Speed Law

California's basic speed law provides that no person shall drive at a speed greater than is reasonable or prudent, considering weather, visibility, traffic, and the surface and width of the highway. A driver may not travel at a speed that endangers the safety of persons or property.

This means a driver may be cited even when driving at or below the posted speed limit if the officer believes the speed was unsafe for the conditions.

California Vehicle Code Section 22348(b): Driving Over 100 Miles Per Hour

A person who drives a vehicle upon a highway at a speed greater than 100 miles per hour may face enhanced penalties. These cases can carry serious consequences and should be reviewed carefully before a driver decides how to respond.

California Vehicle Code Section 22356: Posted 70 MPH Speed Limits

When the Department of Transportation, after consulting with the California Highway Patrol, determines that a speed greater than 65 miles per hour would be reasonable and safe on a state highway, it may establish a posted speed limit of 70 miles per hour for certain vehicles.

No person shall drive upon that highway at a speed greater than 70 miles per hour where posted.

Frequently Asked Questions About California Traffic Tickets

Should I just pay my California traffic ticket?

Not always. Paying a traffic ticket usually means accepting responsibility for the violation. This may result in fines, points on your license, and increased insurance rates. Before paying, you should understand whether you have defenses or whether traffic school may be available.

Can traffic school keep points off my license?

For eligible drivers and eligible violations, successful completion of traffic school may allow the DMV to keep the conviction confidential and prevent a violation point count from being assessed. Eligibility depends on the citation, the driver's record, and other legal requirements.

Can I fight a speeding ticket in California?

Yes. Depending on the facts, a speeding ticket may be challenged on the basis of the officer's observations, the method used to determine speed, road conditions, signage, traffic surveys, or procedural issues.

What happens if I was cited for driving over 100 miles per hour?

Driving over 100 miles per hour can carry enhanced penalties and more serious DMV and insurance consequences. These cases should be reviewed carefully because traffic school may not provide the same protection or may not be available.

Do I need a lawyer for a traffic ticket?

You are not required to hire a lawyer. Still, a traffic ticket attorney can help you understand your options, evaluate the evidence, and determine whether to fight the citation or enroll in traffic school.

Contact R Fenn Law for Help With a California Traffic Ticket

If you received a speeding ticket, red light ticket, or another California traffic citation, R Fenn Law can help you understand your options. Contact our firm to discuss your citation, traffic school eligibility, and possible defenses.

These sections are provided for general reference only and do not constitute legal advice. For case-specific information regarding a traffic citation, traffic school eligibility, or protecting your driving record, please get in touch with an attorney at R Fenn Law.