Traveling? Remember California Basic Speed Law

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basic california speed laws

Traveling long distance means the weather and road conditions can change quickly from one place to another. So make sure you are always traveling at a safe speed. Remember, getting nabbed for basic speed law speeding can result in one or two negative marks on your driving record and a fine of up to $500. 

What is the Basic Speed Law in California?

“No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.”

Overall, the California’s basic speed law says you must drive at a reasonable speed based on:

  • Weather – A California driver is responsible for adjusting their speed depending on current weather conditions. 
  • Visibility – Rain, fog, snow, dust or smoke can make it difficult to see ahead. When you cannot see the road clearly then definitely slow down.
  • Traffic – Go with the flow of traffic. If those around you are slowing down, you should also slow down. 
  • Number of Vehicles – More cars on the road, the higher chance of an accident. Make sure you are aware of what the other cars are doing.
  • Road Surface – If your tires are having traction problems make sure to adjust your speed accordingly. This can happen when the road is wet, icy, or snowy.
  • Width of the Road – May need to drive slower due to narrow roads or winding turns.

Therefore, if poor road conditions then you are expected as a driver to slow down to an acceptable speed.

Can I Get a Basic Speed Law Speeding Ticket?

Yes, you can get a basic speed law speeding ticket. This is vehicle code 22350. Keep in mind, no matter what you cannot drive at a speed that endangers others. Therefore, even if you are driving the speed limit, the police officer may still believe you were going too fast for the present conditions.

Can I Fight an Unsafe Speed Traffic Ticket?

Again, yes! An officer is making judgement call when it comes to whether or not you are traveling at a safe speed. However, If you believe you were going at a reasonable speed then definitely fight this ticket.

A Trial by Written Declaration

A trial by written declaration is a way to fight your traffic ticket through writing instead of in-person trial. This is the easiest and best way to get a traffic ticket dismissed. For the trial by written declaration, you must use the TR-205 court form, and you have to fill up necessary information such as name, citation number and address. Additionally, you must submit the form along with an explanation of what happened and why your ticket should be dismissed. If your ticket is dismissed, there will be no fines, no points and no court. 

TicketBust Services

We have helped tens of thousands of California drivers get a moving violation dismissed using the trial by written declaration method. Our defense system builds a case for you in writing. All you have to do is tell us what happened, download the documents and send them to court. It is that easy! Call us today: 800-850-8038.

Disadvantages of Having Points on Driving Record in California

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California DMV Point System

Every California driver knows that they are likely to have to deal with a traffic ticket at some point. With that many believe that you pay the ticket fine and that is it. But in California, every moving violation comes with the additional penalty of one or two points going on your driving record. These points are a way for authorities to keep track of drivers. So why do points matter? Let’s take a look at the several disadvantages of having points on your driving record in California. 

DMV Points

A moving violation is any violation of the law committed by the driver while the vehicle is in motion. When the DMV receives moving violations, points are added to the driver’s record automatically. Every moving violation adds one to two points depending on the type of violation and the severity of the offense. 

Consequences of Points on Driving Record

Goodbye Low Insurance

One of the most important reasons to avoid any points being put on your driving record is in your insurance costs. The last thing that you want to do is increase what you spend on insurance each month, but when you get a traffic ticket, that’s exactly what happens. When you renew your insurance each year, your driving record is automatically reviewed. Fees always vary depending on the insurance company used, but you’ll find that a citation significantly impacts your insurance premiums. According to coverage.com, one speeding ticket can increase your insurance rates up to 41%. That means paying nearly double for car insurance than the previous year. Additionally, too many of these types of violations and the insurance company may refuse to renew your coverage. 

Black Mark On Your Record

Points stay on your driving record for the next three years. In California, even a minor moving violation will add a point or two to your record. These points do not move, and your insurance subsequently goes up. The major offenses, such as DUI violations, add two points to the record and they will be available on public driving records for a decade. That’s a potential 10 years of high insurance premiums which you’d really want to avoid!

A Suspended License

Points on your driving record can cause you to lose your license entirely. This is not ideal for most people since a car is an integral piece to get around. In the state of California, your license could be suspended if you gain four points on your license in a 12-month period, six in a 24-month period, or eight in a 36-month period. Either way, losing your license can have devastating consequences on your daily life.

Could Lose Your Job

If you are employed as a driver, points could mean losing your job. Companies that rely on transportation will not hire or keep drivers that they feel are unsafe or reckless.  

A Trial by Written Declaration

A trial by written declaration is fighting your ticket in writing instead of going to court. According to CVC 40902, a California driver can fight their traffic ticket via mail instead of physically appearing in the court. This is the best option to keep your driving record clean. If your ticket is dismissed, it means no points and no fine. It is also the easiest way as you don’t have to take time off of work to go to court or pay heavy fees hiring a traffic attorney.

TicketBust Services

Points may be difficult to remove, but not impossible with the help of TicketBust. At TicketBust, we are a California traffic ticket dismissal service, and we’ve helped tens of thousands of drivers dismiss their traffic violations through the trial by written declaration process. We can help you fight traffic tickets from red light, speeding to cell phones. Fight your ticket today!

Can You Text While Stopped at a Red Light?

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can you text at a red light

In 2009, California created several laws that made it illegal to read, write or send texts while driving. These laws make it very clear that a driver must use a hand free device when operating a vehicle. But what if the vehicle is not moving? Can you text while stopped at a red light? Let’s find out!

California Distracted Driving Laws

According to CVC 23123.5, “a person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.”

Yet, there is an exception. A cellphone may be operated in a manner requiring the use of a driver’s hand if these two conditions are met:

  1. The cellphone is mounted on a vehicle’s windshield, dashboard or center console in a way that does not hinder the driver’s view of the road.
  2. If activation or deactivation of a feature or function only requires a single swipe or tap.

So Can You Text While Stopped at a Red Light?

For many drivers it’s tough to resist the urge to use a phone at some point while driving. Even more tempting is to use that phone while stopped at a red light or during a traffic jam because it seems safe and harmless since you are not moving. But California court rulings (like People v. Nelson) tell us that being stopped at a red light is not a green light for texting. Remember, you have to be off the road and parked if not using a hands-free device.

Texting While Driving Ticket

If you get a texting while driving ticket, the first offense fine is $20 while any subsequent tickets will be $50. This may seem lenient compared to other traffic tickets such as speeding or red light. Still this will change.

Starting July 2021, a new cell phone law will go into effect that includes additional penalty for drivers that violate California’s hands-free law, 23123.5 CVC. For instance, through this law, a point will be added onto a driver’s record for each hands-free violation that occurred within the 36-period from a prior conviction for the same offense. Points on your driving record can increase your insurance premiums. California hopes a more severe penalty will further deter drivers from using cell phones while driving in a manner that is not hands-free.

A Trial by Written Declaration

A trial by written declaration is the best and easiest way to fight a texting while driving ticket. As stated in Vehicle Code Section 20902, Trial by Written Declaration (TR-205) allows individuals to contest their tickets in writing instead of going to court.

TicketBust Services

Through our services at TicketBust, we help you build a written defense that you then can mail to the court. If your ticket is dismissed, it means no court appearance, no fines and no added points. Contact TicketBust to get your documents prepared to dismiss your ticket today.  

Do I Have To Go To Court For A Speeding Ticket?

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fight speeding ticket in court

It is common for drivers to underestimate the repercussions of receiving a speeding ticket. Speeding tickets come with heavy fines and cause insurance rates to skyrocket. This can be a significant inconvenience as many of us don’t budget for the need to pay hundreds of dollars in traffic ticket fines and higher insurance premiums. Therefore, many drivers choose to fight their speeding tickets in court in hopes to get the judge to at least reduce the fine. But do you have to go to court for a speeding ticket? Or is there another way to fight speeding tickets?

What Could a Ticket Violation Do?

No one wants to see the blue lights flashing in the rearview mirror, be pulled over and then handed a speeding ticket. However, it does happen and if you do find yourself pulled over and in receipt of a speeding ticket, here are some of the things that will happen:

  • Your driving record will be affected. Every moving violation will add one to two points to your driving record. In some cases and depending on the speed in which you were going or if you have previous traffic tickets, you could find that your license is suspended – not ideal.
  • You will have to pay a large fine for a speeding ticket because of the additional surcharges and county fees.
  • You will end up paying higher car insurance rates. Maybe even up to 20%-40% more for the next three years. 

So Do I Have to Go to Court For a Speeding Ticket?

There are other ways to deal with a speeding ticket other than going to court. One is you can just pay the ticket online. But with how expensive California traffic tickets are this is not a good option. The next alternative is the best and easiest way to fight a ticket. It is called a trial by written declaration. A trial by written declaration is fighting your ticket in writing. According to CVC 40902, the defendant can fight their traffic ticket via mail instead of physically appearing in the court.

Should I Fight a Traffic Ticket in the Courtroom or Through Mail?

Again, a trial by written declaration is the best way to get a ticket dismissed compared to in-person trial. The reasons include:

  • For an in-person trial, you have to take time out from your busy schedule to appear in the court and fight your ticket, but with a trial by written declaration, you can write your defense at the most convenient time for you and and from the comfort of your home.
  • If you select the in-person trial over the written declaration, the judge may not allow you to finish your explanation and defense. Moreover, the judge could be irritated when surrounded by a busy courtroom. If you choose a written declaration, the judge will read your entire written defense in privacy without the court room’s influence. Most likely the judge will be in a better mood inside their chambers.
  • If you lose the in-person trial on the first attempt, you won’t have any chance to apply for a retrial. However, you can get a retrial if you fight your ticket via a written declaration; this factor alone increases the success chances of your ticket getting dismissed.
  • The biggest reason a trial by written declaration is more successful than in-person is a police officer is incentivized to appear in court while an officer is NOT incentivized to reply to written paperwork on your case. If an officer does not fill out the paperwork required for a written declaration then your ticket will be dismissed.

When Do I Have to Go to Court for a Speeding Ticket?

There are certain types of traffic tickets that do require a court appearance. Here are a few times where you will have to go to court to handle the matter:

  • You went more than 25+ over the intended speed limit
  • You hit a car, or individual, and you didn’t stop
  • You carried on driving despite a suspended license
  • You were caught driving recklessly
  • You caused an accident and that accident involved serious injuries or fatalities

Those violations are not ones that you should go to court alone for. You will need representation in court and while it may be tempting to skip it entirely, you could make the whole situation worse as then you would be in violation of a court order. When you don’t pay a traffic ticket, or you don’t appear in court when told to, you could face misdemeanor charges, further fines and further consequences.

TicketBust Services

We have helped tens of thousands of California drivers dismiss their traffic tickets using the trial by written declaration method. Our defense system builds a case for you in writing. All you have to do is tell us what happened, download the documents and send them to court. It is that easy! Call us today: 800-850-8038 or get started online. 

The Real California Speeding Ticket Cost

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The Real California Speeding Ticket Cost

What is the most common traffic ticket infracted upon California drivers? Speeding tickets by a mile. This being said, it may be useful to go over what speeding tickets REALLY cost. After all, the amount on the ticket is usually different from the amount quoted by the DMV, which is usually different from the amount you actually pay—and so on. Let’s take a look at the actual cost of a California speeding ticket.

Average Costs of a Speeding Ticket in California

The average California speeding ticket cost is $230 for a $35 base-fine infraction.

This isn’t even incorporating insurance hikes. In California, speeding tickets for going 15 mph over the limit accounted to an average rate increase of $150 per year, equating to a 15% hike on average. On average, California drivers will pay an additional $160 every year in extra insurance rates for 36 months following a speeding ticket.

Ticket Base Fines and Surcharges

Determining how much your California speeding ticket will cost can be a tough feat, as there are many state and county-imposed penalties and assessments typically added to the base fine. Let’s go over the base fines. Speeding between 1 and 15 mph brings about a small $35 base fine. Between 16 and 25 mph has a $70 base fine. Over 26 mph boasts a $100 base fine, while going 100 or more mph over the speed limit incurs a hefty $200 base fine.

On average, Californians pay 6 times the cost of the base fine of the original speeding ticket. This immensely high rate can be attributed to Californians natural tendency to drive “much faster” than the speed limit when incurring an infraction.

California enforces a surcharge of 20% on all traffic citations, including speeding tickets. In addition, there are a great deal of assessments added to the base fine, revolving around that base amount. Here is the complete list:

  • Court operations assessment – $40.00
  • Conviction Assessment – $35.00
  • State penalty assessment) – 100% of base fine
  • Night court assessment – $1.00
  • County penalty assessment) – $7 for every $10 of base fine
  • DNA Identification fund penalty assessment – $4 for every $10 of base fine
  • State court construction penalty assessment – 50% of base fine
  • Emergency Medical Air Transportation Services fund penalty assessment – $4.00
  • Emergency medical services fund penalty assessment – $2 for every $10 of base fine

Therefore, you can expect to pay:

  • $230 for California speeding ticket 15 mph over
  • $360 for California speeding ticket 25 mph over
  • $500+ for California speeding ticket 26+ mph over

If you get a speeding ticket over 100 mph in California that will result in a fine between $800 to $1000, 2 dmv points, and your license could be suspended or taken away.

Check out more information on penalties associated with speeding tickets from the California DMV here:

https://www.dmv.org/ca-california/traffic-ticket-fines-and-penalties.php

Speeding Tickets in Construction Zones and Safety Enhancement Zones

If you do end up receiving a speeding citation, hopefully it is not in a construction zone or a safety enhancement zone. In a construction zone, your California speeding ticket cost will amount to $367 for going 1 to 15 mph over the limit, $525 for going 16 to 25 mph over the limit, and $648 for going more than 26 mph over the limit.

In a safety enhancement zone, you will be fined $280 for going 1 to 15 mph over the limit, $409 for going 16 to 25 mph over the limit, and $532 for going over 25 mph over the limit.

Moral of the story: If you just have to speed, make sure you don’t do it in one of these special zones. Keep in mind that no matter where you incur your speeding ticket, your California driver’s license will receive one “point” from the California DMV point system. Unless you are caught going over 100 mph then it will cost you two points on your driving record.

Fight a Speeding Ticket

Speeding tickets in California are one of the most expensive ticket types in the nation. However, it is possible to dismiss your ticket fully, and avoid the financial burdens that come with it. TicketBust helps you relinquish your ticket with no court involvement, no paperwork, and minimal waiting.

If you find yourself with a traffic violation, be sure you looking out for breaches of traffic patrol policy. These instances can make a huge difference in dismissing your ticket. If you have any questions regarding the costs of speeding tickets, do not hesitate to contact us.

How to Beat Following Too Closely Ticket in California

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california tailgating ticket

Following too closely also known as a “tailgating” is the primary reason for rear-end collisions. California law 21703 VC states that the driver must keep a reasonable distance between them and the vehicle in front of them. The distance may need to be more depending on speed, road, weather conditions and traffic accidents. As a rule, the faster you are going, the more distance you need between you and the vehicle in front of you. 

Unfortunately, you may not realize you are following too closely to another vehicle while running late or being impatient. Or you may feel you were giving enough space but a police officer believes you were too close and tailgating. That is when you may get stopped by a police officer and receive a follow too closely or tailgating ticket. Police officials and other investigating teams in California are taking these violations seriously.

So let’s discuss how to beat a following too closely ticket in California.

What is Following Too Closely Ticket?

According to Highway Traffic California:

 “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the seed of such vehicle and the traffic upon, and the condition of, the roadway.”

 The reasonable spacing between vehicles depends on the speed limit, traffic volume and road conditions. If the vehicle is driven as a convoy, the rules stipulate that there must be enough space between the two vehicles so that the other vehicles can easily participate in the convoy. This means that the convoy must have a distance of at least one car between the two vehicles.

Even if the car you are watching is a friend or family member, you can still get a ticket. Always leave a 60 meters distance between vehicles.

How to Avoid Following Too Closely Ticket

It is important to keep a safe distance from the car in front of you as you do not know what they made do such as brake suddenly. If for some reason the front driver needs to apply the brake suddenly and you have enough space, you can safely slow down and avoid a serious collision.

To avoid following too closely ticketL

  • Focus on the road — Do not check your phone, change the radio or day dream. 
  • Drive with the flow of traffic – It’s dangerous to drive too fast or too slow.
  • Give yourself enough time – Leaving the house in a rush will make you more likely to drive recklessly or too close to other cars. 
  • Drive in the correct lane – Recall slow traffic should be on the right lane! Therefore, if you want to go faster move to the left lanes. This way you avoid tailgating cars or trucks that are moving slower.

Cost of a 21703 VC – Tailgating Ticket

After violating following too closely, you will receive a fine of $238 and have one point added to your DMV driver record. This means your insurance premiums will increase for the next 3 years which increases the risk of suspension of your driving license. 

How to Fight a Tailgating Ticket

21703 driving law claims you must give “reasonable or prudent distance.” Therefore, this ticket is really your word against the officers. So if you believe you gave reasonable distance then you should definitely fight this tailgating ticket. It could be the officer had a bad vantage point and believed you were too close. When in fact, you were giving the car in front of you enough space.

For drivers who want to fight this code, the best way is trial by written declaration. Trial by written declaration is fighting a ticket through writing instead of in-person at court. Learn more about getting your ticket dismissed through trial by written declaration.

TicketBust Traffic Ticket Dismissal Services

TicketBust experts and their ticket fighting technology has helped ten of thousands of drivers in California fight and dismiss following too closely tickets without the need of going to court. This saves every driver time and money. If the ticket is dismissed, it means no points, no fine and no court! So just sign up on staging-vadusuxe.kinsta.cloud, upload your traffic ticket information and answer a few questions. Once you receive your written defense package, sign the defense and mail it to the traffic court. Fight your ticket today!

Speed Limit for Commercial Vehicles in California

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commercial truck speed limit in california

If a person drives faster than the speed limit in California, it comes with a hefty penalty and fine when pulled over by the police. And this doesn’t change even if it is a commercial vehicle. Commercial vehicles also have to abide to a speed limit that is determined by California Vehicle Code 22406 VC. So let’s have a look at the speed limit for commercial vehicles in California and how to get commercial vehicle traffic infractions dismissed by a written declaration.

Speed Limit for Commercial Vehicles in California

In California, the speed limit for commercial vehicles is 55 mph imposed by the California Vehicle Code 22406 VC. 

Along with this limit, commercial vehicles defined in section 636 (which are explained below) are to stay on lanes marked and designated for the slower vehicles. Usually, this is the right-hand lane, and if the road has four or more lanes, the designation would be on the 2 right lanes. 

With that said, California is different than most states as it enforces restrictions and truck only lanes on commercial vehicles. When driving as a commercial driver, always remember to watch out for California highways that have truck only lanes. If this is the case, you must drive in that designated lane on that highway. Currently, two highways have truck only lanes, that is Southbound I-5 in Kern County and the Northbound and Southbound I-5 in LA County.

Which Commercial Vehicles Have a Maximum Speed of 55 mph

Going by the stated laws in California, only specific vehicles are placed on the maximum speed limit of 55 mph, these vehicles are:

-Trucks or tractors or buses (vehicles) pulling / drawing on another vehicle behind it.

– Trucks or tractors with 3 or more axles

– Farm labor vehicles with passengers inside

– Vehicles carrying explosives

– School buses with kid(s) inside

– Trailer buses as defined in Section 636

Why Is There a Speed Limit for Commercial Vehicles?

Speed is a top factor in the causes of road accidents, heavy cars with big sizes are a lot harder to maneuver in unpredictable cases even for the most experienced of drivers. Plus, due to the weight of commercial cars, they tend to have higher load transfer to the front when their brakes are applied with sudden movements hence the increased cases of casualties in the event of a mishap.

22406 VC Traffic Ticket Fine and Points

If you go against the speed limit of commercial vehicles in California, you will get 1 or 1.5 points to your DMV (Department Of Motor Vehicles) record. According to the California Vehicle Code 22406 VC, you can also get a fine which can range from $285 (ticket cost for truck drivers driving 1-9 mph over the speed limit) to $500 (average ticket cost for truck drivers driving 10 or more mph over the speed limit).

But, if in a space of 36 months you accumulate 8 points or 6 points in a space of 24 months, or 4 points in a space of 12 months, then you might get a Negligent Operator License Suspension. In California, if you ignore a speeding ticket, your action can be charged as a misdemeanor.

It is also worthy to note that commercial drivers can also lose their job and struggle finding employment if they have traffic tickets on their record. Companies are not going to hire drivers they believe are high risk. But there are legal ways you can make use of when you need to defend speeding charges and traffic ticket fines.

How to Fight a Commercial Vehicle Ticket

If you receive a vehicle code 22406 ticket, there is a way to get this ticket dismissed. After discussing all these, you should know that your speed is often determined by a radar device that a police officer is not obligated to show you. Both the police and the radar device are not perfect, so a speeding ticket is not the final verdict. You can tender a written declaration to a trial procedure, where you do not appear in court but instead use a written statement to challenge traffic infraction citations.

TicketBust Services

How we come in; after getting penalized, you are to declare your reasons and facts, explaining why the case should be ruled in your favor. The good news is our system provides you your full defense package, your trial by written declaration and all your defense documents. This way you have the best written defense to send to the court.

We have helped tens of thousands of California drivers dismiss their traffic violations through Trial by Written Declaration. There’s no need to delay or risk parting with thousands of dollars and if you choose to just pay the traffic ticket, a point will be added to your driving record and can stay there for 3 more years.

Get in contact with us and let us help you win. We look forward to fighting your case.

How to Fight a Radar Gun Speeding Ticket

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lidar radar speeding ticket

Thousands of drivers have received radar gun speeding tickets and paid the expensive fines and penalties. In fact, speeding tickets are the most common moving violation in California. If you have been charged with a radar gun speeding ticket, you are not alone in this boat, and there is no need to get annoyed over yourself or the officer who pulled you over. Now, stay calm and know that you have every right to fight this ticket. In this regard, some vital information is important to cope with the situation.

Here is everything you need to know on how to fight a radar gun speeding ticket.

Do Police Officers Have to Show You the Radar Gun?

No, an officer is not required to show you the radar gun after pulling you over for speeding. Generally, when a police officer pulls you over for driving over the speeding limit, your immediate response is to ask the police officer to show you the radar gun, the instrument which had detected your speed. However, as far as showing the radar gun is concerned, it depends upon the officer’s willingness. The police officer has the right to refuse your request. Therefore, they may or may not show you the radar gun. 

How Do Radar Guns Work?

Essentially, a radar gun uses radio waves to measure the speed of an object. So when a police officer uses a radar gun, radio waves are emitted towards the moving vehicle. Once the waves connect with the target vehicle, they bounce back. The radar gun then reads and analyzes those echo waves to determine the speed of the vehicle. 

Types of Radar Guns

Before getting into how to fight a radar gun speeding ticket, it is crucial to be aware of the types of radar guns. There are three different variations – lidar, stationary and moving.

Lidar

A police officer pulls the trigger of a lidar device after aiming the red narrow laser beam at the license plate of the target vehicle. If a lidar device is used properly, it is supposed to be accurate within 1 mph. Most speeding tickets are issued based on lidar radar. 

Stationary

Stationary radars use a wider beam than lidar to gather information. Additionally, these radar guns must be used from a static site such as a parked police car or motorcycle. Often stationary radar is seen in the hand-held model that looks like an oversized pistol.

Moving

Moving radars allow police officers to read a vehicle’s speed while driving around on patrol. New models of moving radars have two main modes – same lane and fastest speed. Same lane mode lets an officer check the speed of vehicles driving in the same-direction. These vehicles can be in the front or behind the police car. Fastest speed mode lets a police officer check the speed of several vehicles and then discover the vehicle going the fastest. 

Speeder Radar Gun Errors

Many drivers believe once you are given a radar gun speeding ticket, you have no choice but to pay the fine since there is evidence that you were speeding. However, radar guns have various accuracy issues. Based on them, California drivers can contest their speeding tickets. 

·   The most common error is a police officer records the speed of the vehicle next to their target vehicle. This happens often especially when there are several cars on the road.

·   Incompetent training of the cops. Radar devices are only accurate if the police officer is well trained.

·   Maintenance of detective instruments. Radar devices must be calibrated and cleaned in order to produce accurate results.

·   Inaccurate readings caused by way-out aim and other hurdles like weather and poor visibility.

How to Fight a Radar Gun Speeding Ticket

Having the knowledge of the inaccuracies of radar guns can really help you beat your speeding ticket. So what is the best way to fight a traffic ticket? It is Trial by Written Declaration. Trial by written declaration is fighting your ticket in writing instead of going to court. This is the best option to keep your driving record clean. It is also the easiest way as you don’t have to take time off of work to go to court or pay heavy fees hiring a traffic attorney.

TicketBust Traffic Ticket Dismissal Services

TicketBust is a traffic ticket dismissal service that has helped tens of thousands of California drivers dismiss their speeding ticket using the trial by written declaration process. They put together the best written defense package for you. Just upload your ticket information and answer a few questions. Once you receive your defense, sign the document and mail it to the court. Fight your ticket today!

Is CVC 38300 a Moving Violation?

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What is 38300 vc

Is CVC 38300 a Moving Violation?

Do you have a CVC 38300 ticket and don’t know much about it or how to get it dismissed? Well, we at TicketBust are here to help. So, let’s talk about this California vehicle code – how much it costs and if it’s a moving violation or non-moving violation.

What is CVC 38300?

CVC stands for California vehicle code, and 38300 is the section of the law, and it states that “it is an offense for a driver to violate any control device, traffic signal, or traffic sign, installed by local authorities, state authorities, or by federal authorities per section 38280.”

Now, you may ask what is section 38280?

Section 38280 states that “local, state, and federal authorities have authority over public land to maintain or place any applicable traffic control devices, signals, and signs as required to execute any provision of law or to warn and guide traffic.”

In short words, the law gives power to local, state, and federal authorities to place any traffic sign, signal, or control devices where they feel are necessary and appropriate. But our primary focus is CVC 38300, which says drivers must always follow all signals, signs, and control devices.

There are many traffic signals and signs that come under this vehicle code. These signs and signals include yield, stop, speed limit, pedestrian crossing, turn restrictions, do not enter, school zone, and railroad crossing. 

Is CVC 38300 a Moving Violation?

No, CVC 38300 is not a moving violation. Moving violation is defined as any violation of the vehicle codes or traffic laws when the vehicle is in motion.

How Many Points is a CVC 38300?

The department of motor vehicles, California, has a point system for driving licenses, and if you get 4 points in a year, 6 points in 2-years, or 8 points in 3-years, then the department of motor vehicles will suspend your driving license.

Most violations of CVC 38300 do not put a point on your driving record. However, it could be if the offense is severe enough.

CVC 38300 Cost

If you’re found guilty of violating CVC 38300, the average fine is $238. Yet, the cost can be much higher than the fine imposed by a court. That is because the ticket could include a point on your driving record for 3 years, and that point will increase your insurance premiums.

Depending on the number of points on your driving record and who you’re using for your vehicle insurance, the cost of CVC 38300 can be up to $2500 or more in over 3 years. Moreover, you should keep in mind the motor vehicle department’s point system; if you keep accumulating points, your driving licenses will be suspended. As a result, for a suspended license, it will cost you more in court fines, personal expenses, and lost wages.

Trial by Written Declaration

Trial by written declaration allows you to fight your traffic tickets in writing. According to CVC 40902, the defendant can fight their traffic ticket via mail instead of physically appearing in the court. For the trial by written declaration, you must use the TR-205 court form, and you have to fill up necessary information such as name, citation number and address. Additionally, you must submit the form along with an explanation of what happened and why your ticket should be dismissed.

Why should I choose trial by written declaration instead of traffic school or going to court:

  • Traffic school simply hides your point from insurance companies. Meaning traffic school saves a driver from paying a higher insurance premium. In spite of that, your traffic ticket will continue to appear on your driving record and you will still need to pay the fine. If however, you get your ticket dismissed through trial by written declaration, you won’t have to pay a fine and the ticket and point won’t go on your driving record.
  • Going to court requires you to take time off of work and prepare a defense. Most of us are too busy to go to court. And we become too nervous when speaking in front of a judge. That is why trial by written declaration is so much better! You can fight your ticket without asking off work and you can avoid trying to defend yourself in-person. All you have to do is mail in your defense.

TicketBust Services

At Ticketbust, we make fighting traffic tickets through trial by written declaration even easier. Our system completes all legal documents in a professional manner for you to make sure that your traffic ticket goes away, and your driving record remains clean. We can fight all the traffic tickets for you, such as a red-light ticket, speeding, red light camera, cell phone, and sign violation, etc.

TicketBust is ready and well equipped to fight your ticket. We make sure that you maintain a good driving record.

So, if you’ve got a traffic ticket, why wait? Contact us today 800-850-8038

How to Fight an Unsafe Lane Change Ticket in California

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california vehicle code 22107

All motorists change lanes while driving. Some do so when in a hurry trying to beat deadlines, evading traffic, or even when distracted. Changing lanes may happen knowingly or unknowingly. Sometimes due to the busy life schedules that you have, you may forget to adhere to the set vehicle codes, and other times you are forced by circumstances such as emergencies. This may lead to unsafe lane change, as stated in California vehicle code 22107.

What is Unsafe Lane Change?

According to California Vehicle Code 22107 abbreviated as CVC 22107, you perform unsafe lane change if you turn a motor vehicle from the direct course or move right or left upon a roadway without adhering to the necessary safety precautions. CVC 22107 also requires that you signal using the vehicle indicators or by using your hands when changing lanes.

How to Avoid Unsafe Lane Change Ticket?

You can always avoid unsafe lane change by:

  • Being keen while driving

This is one of the times when keenness is required most. Check for hazards that can render lane change unsafe. Confirm by checking using the side mirrors or even checking over the shoulder to ascertain that the lane you want to move to is safe.

  • Use Indicators/signals

 Use the appropriate signal when you want to change lane. For example, if you’re going to switch to the left lane, indicate using the left side indicators. You can also use horns and even brake lights to alert other road users of your move.

  • Be Patient

Always take time and wait until it is safe to change lane.

  • Use side mirrors

Make use of the side mirrors to ensure that the gap between you and another car is sufficient for changing lane.

  • Alter your speed, consider increasing or decreasing your speeding depending on the speed of the other road users.
  • If you have checked all the above factors, and you are undoubtedly sure, then you can safely change lane.

Cost of an Unsafe Lane Change Ticket

Violating California vehicle code 22107 attracts a fine of $238.00 for an infraction, as well as one point your DMV driving record.

How to Fight Unsafe Lane Change Ticket

You may choose to admit that you have violated the CVC 22107, pay the $238 fine, and get one point assessed on your driving record. However, if you are innocent, had a justifiable reason for an unsafe lane change or you feel the ticketing officer was unfair to you, challenge the ticket through either of the following ways:

Fight the ticket in court

If you receive an unsafe lane change ticket, you can plead innocent and try to provide a defense in court. This option is stressful since you have to forgo your work, family, and other activities to attend the court sessions. In addition, you have to put together a great defense. A simple defense such as “police officer wasn’t being fair,” “the officer was wrong” or “I didn’t do anything” won’t work. Therefore, even if you take the time out of your busy schedule to show up in court and claim a defense, the presiding judge may still make you pay your full ticket fine and add a point to your license.  

Fight through a traffic attorney

The second way of challenging the ticket is by deploying a traffic attorney to go to court on your behalf. This option attracts heavy legal fees on top of the fine if the attorney is not successful.

Use Trial by Written Declaration to get your ticket dismissed

Vehicle code section 40902 allows you to contest tickets in writing, without making an appearance in court. This is referred to as Trial by Written Declaration. It is the option that we recommend to get your ticket dismissed. It is easiest and fastest way to fight a ticket. If ticket is dismissed, it means no points, no fine and no court.

Ticketbust Traffic Ticket Dismissal Services

Since our state is strict on driver rules, points, and penalties, it is necessary to do everything right. We at Ticketbust have a system that allows you to answer several questions concerning your traffic ticket. Our algorithms will match your answers to the questions to a proper defense that relates to your unique situation. You are then provided with the access to download and edit your defense documents if need be. We will then provide you with instructions on how to send Trial by Written Declaration document to the court to challenge your traffic ticket.

With over 18 years’ experience in contesting traffic tickets, we have the best system in place, and we keep on improving to be ahead of the courts. If you need our help, please don’t hesitate to contact us. We will be happy to help you out!