What are common types of traffic violations?
Traffic violations generally involve either parking violations or moving violations. Moving violations occur while the vehicle is in motion, and the penalties usually are more severe for moving violations than for parking violations. Common moving violations include speeding, driving under the influence of drugs or alcohol, failing to observe traffic signs, and failing to fasten seat belts. Parking violations occur while the vehicle is not in motion, and they include parking in a “no parking” area, unauthorized parking in a handicap parking space, and parking in a space with an expired parking meter.
What is a traffic ticket? Are there different types of tickets? What should be done with the ticket? Authorized officers issue traffic tickets to drivers who violate traffic laws. Most common traffic tickets can be parking tickets, which impose a fine for violating parking ordinances. Parking tickets generally do not involve court appearances. An "infraction" traffic ticket is issued for violating traffic laws, such as speeding and failing to stop at a stop sign. A ticket for an infraction also may be called a "notice to appear," which requires the driver to appear before a specified court to answer the charge alleged in the ticket. Misdemeanor traffic tickets involve more serious offenses, such as DUI or driving a vehicle without a valid driver's license.
Traffic tickets indicate the name of the court that handles traffic tickets and where the ticket may be defended, and also display information about paying the fine. Persons ticketed for traffic violations may contest the citation in court.
What constitutes Driving Under the Influence (DUI) in California? In California, it is illegal to drive under the influence of alcohol and/or drugs or to drive with a BAC (Blood Alcohol Concentration) of 0.08% or more.
What are the penalties imposed for DUI conviction? A DUI conviction can carry potential penalties of incarceration ranging from days to years, probation, monetary charges, such as fines, penalties, and restitution, California driver's license suspension or revocation, and mandatory treatment programs.
A first DUI offense carries penalties of:
- Up to six months in jail;
- Fines ranging from $ 390 to $ 1,000;
- Assessments of three times the fine imposed;
- Six-month suspension of driver's license;
- Mandatory alcohol awareness classes for 3-9 months; and
- Probation for 1-5 years.
A second DUI offense within 10 years carries penalties of:
- 96 hours to 1 year in jail;
- Fines ranging from $ 390 to $ 1,000;
- Driver's license suspension for 2 Years;
- Probation for 1-5 years; and
- Mandatory alcohol awareness classes for 18 months;
A third DUI offense within 10 years carries penalties of:
- 4 months to 1 year in jail;
- Fines ranging from $ 390 to $ 1,000;
- Driver's license suspension for 3 Years;
- Probation for 1-5 years; and
- Mandatory alcohol awareness classes for 18 months;
A fourth DUI offense within 10 years may be charged as a felony, which may involve imprisonment in a state penitentiary.
Is it possible to get a DUI in a parking lot?
You can be charged with DUI even in a parking lot.
Can a DUI charge be challenged successfully?
Yes. DUI charges can be beaten, depending on the facts and circumstances. Blood alcohol concentration measurements, discrepancies and lapses in procedure, disclosure of the testing device or method, lab certification, and the authority of the personnel involved who conducted the test all can be challenged in a DUI charge.
Can my driver's license be suspended if I refuse or fail to submit to a blood alcohol test?
Yes. If you refuse a police officer's request to submit to or complete a chemical test to determine your blood-alcohol level, you may lose the privilege of having a driver's license for a period of one year. Before your license is suspended, the Department of Motor Vehicles must show that the police officer who requested the test had a reasonable cause to believe that you were operating a motor vehicle in violation of the laws against driving under the influence and that you refused or failed to complete any of the requested blood alcohol content tests.
California Department of Transportation:
http://www.dot.ca.gov/ California Courts – Self Help Center:
http://www.courtinfo.ca.gov/selfhelp/traffic/common.htm California Department of Motor Vehicles:
http://www.dmv.ca.gov/ California DUI A Drunk Driving Law Guide:
http://www.california-drunkdriving.org/