Habitual Traffic Offender
12-29-2009, 12:37 PM
#1
Registered User
Thread Starter
Join Date: Dec 2008
Posts: 2,604
Likes: 0
Received 0 Likes
on
0 Posts
Habitual Traffic Offender
I got a ticket today, and the offense was "Habitual Traffic Offender" and also "driving on supsended license". No other violations on the ticket, no traffic infractions either.
Do you know any good lawyers who handle cases like this, or have any of you ever been given this ticket?
I was pulled over and ticketed for a bogus reason.
I was driving illegally without a valid drivers license, duh, which i obviously shouldnt have been, however, I was pulled over without probable cause.
Driving my ladies jetta, and i got pulled over. Cop said i was driving unsafely without my headlights being on. It was 8am in the morning, with a bit of fog. My defense is, the headlights on JETTAS are ALWAYS on, 24/7. Its impossible to turn them off automatic setting, without modifying the car. I told the officer that they were on, and he told me i was wrong. I was not speeding, tailgaiting, or anything of that nature.
I plan on getting a lawyer, so my question is, do any of you know any good lawyers/attorneys who are good at fighting tickets? I AM eligible to get my license back in january, so with the facts at hand, no probable cause to stop me in the first place (i will have to get proof from automotive expert technician at volkswagen to prove my valid point), and my license in possesion at my court date, should help my case.
This is a very serious offense, so any HELPFUL input would be appreciated. Anything other than that, please leave your comments to yourselves.
Thanks!
Do you know any good lawyers who handle cases like this, or have any of you ever been given this ticket?
I was pulled over and ticketed for a bogus reason.
I was driving illegally without a valid drivers license, duh, which i obviously shouldnt have been, however, I was pulled over without probable cause.
Driving my ladies jetta, and i got pulled over. Cop said i was driving unsafely without my headlights being on. It was 8am in the morning, with a bit of fog. My defense is, the headlights on JETTAS are ALWAYS on, 24/7. Its impossible to turn them off automatic setting, without modifying the car. I told the officer that they were on, and he told me i was wrong. I was not speeding, tailgaiting, or anything of that nature.
I plan on getting a lawyer, so my question is, do any of you know any good lawyers/attorneys who are good at fighting tickets? I AM eligible to get my license back in january, so with the facts at hand, no probable cause to stop me in the first place (i will have to get proof from automotive expert technician at volkswagen to prove my valid point), and my license in possesion at my court date, should help my case.
This is a very serious offense, so any HELPFUL input would be appreciated. Anything other than that, please leave your comments to yourselves.
Thanks!
12-29-2009, 01:30 PM
#3
FYI - You don't need probable cause to get pulled over. They can call it a 'routine traffic stop'. Since you were without a valid license no judge is going to allow you to fight on this ground. It may also hurt your case that you couldn't wait a few more weeks to get your license back.
It's certainly going to be up in the air, legally, if you'll be keep that license.
Probable cause is most often used with the right to search, in which case they can act on reasonable suspicion but it cannot be groundless for traffic stop searches and for private property a judge will sign a warrant on the 'probable cause grounds'.
I cannot recommend a lawyer as I've not needed one in this area. Since you were fully in the wrong, I think your lawyer is going to work to get a reduction so you can keep your license you'll get in Jan. Habitual Traffic Offenders found guilty have their licenses revoked for up to 5 years. Though your lawyer can discuss a hardship license with you, you may qualify - I don't recall if they're offered in the state of California though.
You may want to read this: Link
Best of luck
It's certainly going to be up in the air, legally, if you'll be keep that license.
Probable cause is most often used with the right to search, in which case they can act on reasonable suspicion but it cannot be groundless for traffic stop searches and for private property a judge will sign a warrant on the 'probable cause grounds'.
I cannot recommend a lawyer as I've not needed one in this area. Since you were fully in the wrong, I think your lawyer is going to work to get a reduction so you can keep your license you'll get in Jan. Habitual Traffic Offenders found guilty have their licenses revoked for up to 5 years. Though your lawyer can discuss a hardship license with you, you may qualify - I don't recall if they're offered in the state of California though.
You may want to read this: Link
(1) Upon a first conviction, by imprisonment in the county jail for 30 days and by a fine of one thousand dollars ($1,000).
(2) Upon a second or any subsequent offense within seven years of a prior conviction under this section, by imprisonment in the county jail for 180 days and by a fine of two thousand dollars ($2,000).
(3) Any habitual traffic offender designated under Section 193.7 of the Penal Code or under subdivision (b) of Section 23546, subdivision (b) of Section 23550, subdivision (b) of Section 23550.5 , or subdivision (d) of Section 23566 who is convicted of a violation of Section 14601.2 shall be punished by imprisonment in the county jail for 180 days and by a fine of two thousand dollars ($2,000). The penalty in this paragraph shall be consecutive to that imposed for the violation of any other law.
(2) Upon a second or any subsequent offense within seven years of a prior conviction under this section, by imprisonment in the county jail for 180 days and by a fine of two thousand dollars ($2,000).
(3) Any habitual traffic offender designated under Section 193.7 of the Penal Code or under subdivision (b) of Section 23546, subdivision (b) of Section 23550, subdivision (b) of Section 23550.5 , or subdivision (d) of Section 23566 who is convicted of a violation of Section 14601.2 shall be punished by imprisonment in the county jail for 180 days and by a fine of two thousand dollars ($2,000). The penalty in this paragraph shall be consecutive to that imposed for the violation of any other law.
12-29-2009, 03:12 PM
#4
Registered User
Join Date: May 2003
Location: East Bay
Posts: 685
Likes: 0
Received 0 Likes
on
0 Posts
What you think probable cause is and what is really is are two different things. If the cop felt you needed your lights on because of the fog, that is probable cause. (BTW I don't know of any Jetta that has the running/parking lights on 24/7 only the headlights.)
You broke the law by driving on supsended license and got caught. Just be glad the car did not get impounded for 30 days.
You broke the law by driving on supsended license and got caught. Just be glad the car did not get impounded for 30 days.
12-29-2009, 03:15 PM
#5
Registered User
Join Date: Mar 2008
Location: San Jose
Posts: 247
Likes: 0
Received 0 Likes
on
0 Posts
no point in debating about why the cop pulled you over.
A lawyer would help a lot, just consult one....i'm worried about the habitual traffic offender ticket.
Good luck mang!
A lawyer would help a lot, just consult one....i'm worried about the habitual traffic offender ticket.
Good luck mang!
12-29-2009, 03:31 PM
#6
Registered User
okay ,
since i go to courts a lot ( couple times in a month )
i have seen people getting tickets for driving w/no license. after u get your license back , the judge will delete that ciatation. so you need to deal with the 1st ciatation that u have on the ticket,
why dont you open the users manual or something and find that and proof it at the court.
basucally, if u just got the ticket now , ur court date wont be pretty soon , just wait to get ut court date until the last day of the day u need to take care of it. and u ll pleed not guilty at the 1st appearence. the second court will be w the cop , then u have 2 chances , 1: cop ll appear and u ll show ur drivers license and the proof of ur light turn on automaticly. 2: cop wont appear and yes it does happen , and ur case ll drop
i would deal w this myself if i were u.. very easy
since i go to courts a lot ( couple times in a month )
i have seen people getting tickets for driving w/no license. after u get your license back , the judge will delete that ciatation. so you need to deal with the 1st ciatation that u have on the ticket,
why dont you open the users manual or something and find that and proof it at the court.
basucally, if u just got the ticket now , ur court date wont be pretty soon , just wait to get ut court date until the last day of the day u need to take care of it. and u ll pleed not guilty at the 1st appearence. the second court will be w the cop , then u have 2 chances , 1: cop ll appear and u ll show ur drivers license and the proof of ur light turn on automaticly. 2: cop wont appear and yes it does happen , and ur case ll drop
i would deal w this myself if i were u.. very easy
Trending Topics
12-29-2009, 05:29 PM
#8
There is a difference between daytime running lights and physically switching on your lights. DRLs are NOT a substitute (either by law or by common sense) for turning on your lights because they do not illuminate your taillights and the intensity of the headlights is significantly lower than when you turn them on.
In any situation that would require your lights to be on (night, fog, wipers-on/lights-on law), you MUST turn on your real headlights or you can be pulled over and cited. And you were.
In any situation that would require your lights to be on (night, fog, wipers-on/lights-on law), you MUST turn on your real headlights or you can be pulled over and cited. And you were.
12-29-2009, 06:41 PM
#9
Registered User
Thread Starter
Join Date: Dec 2008
Posts: 2,604
Likes: 0
Received 0 Likes
on
0 Posts
thanks for all the responses. He told me, my headlights were not on. On my girlfriends volkswagen, the headlights are always on. I'm not talking about the running lights, i'm talking about the actual headlights. However i might NOT have had the tail lights on. I guess what I need to do, is get a copy of the police report, and get a lawyer. If anything, maybe what can be done, is that I can get the habitual taken off, and get the fine for the no license reduced, with PROOF that I do have a drivers license now. Either way, I messed up big and this sucks.
12-29-2009, 07:13 PM
#10
Registered User
Thread Starter
Join Date: Dec 2008
Posts: 2,604
Likes: 0
Received 0 Likes
on
0 Posts
Does anybody know anybody who has ever gotten one of these tickets? Also my court date is at the down town court house, and with the up to 180 days of jail time, and possible 5 year suspenion, i really need to get this crap reduced.