Howard Hirsch has been practicing law since 1973. Mr. Hirsch is a trial attorney who exclusively practices traffic ticket defense. Mr. Hirsch has been admitted to and practiced in all United States District Courts within California; the United States Supreme Court; the United States Court of Appeals for the Ninth Circuit and Eighth Circuit; and all of the courts in the state of California Court system.
The Use of Radar or Laser by a Police Officer is Illegal – unless a Valid Engineering and Traffic Survey is on file, which justifies the “Posted Speed” Limit. Generally, these Traffic Surveys are inadequate and the cases are dismissed.
Based upon a computer-controlled photograph or video taken of the vehicle and its driver, these laws permit the city/county to issue citations to the registered owner of a vehicle which crosses the first limit line after the light has turned red.
If you have not gone to a traffic school program within the past 18 months, you can attend an 8-hour traffic school. Your ticket will be dismissed. This dismissal is confidential. There will be NO point on your DMV record.
One of the things you can do without an attorney is a “Trial by Declaration”. If the officer does not file his response, your case will be dismissed. If he does and the judge finds you guilty, you can request a “New Trial”, in person. If the officer does not show up at the in-person trial, your case will be dismissed.
If you have either [a] 4-points in a 12-month period, [b] 6-points in a 24-month period or [c] 8-points in a 36 month period on your DMV record, the DMV will deem you a “Negligent Operator”. YOU ARE ENTITLED TO HEARING to contest that determination.