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San Jose, CA evading police charges defense lawyerWhen you see red and blue lights flashing behind you, you probably get a nervous, dreadful feeling in your stomach. In situations like these, our fight or flight response is initiated, but listening to your instinct telling you to flee the situation is one of the worst possible things you can do. If a police officer is trying to pull you over it is illegal for you to try to outrun them or flee from them, and you can get into serious trouble for doing so. If you attempt to flee or evade a police officer, you could be facing jail time, fines and even a driver’s license suspension.

California Vehicle Code Offenses

There are technically four offenses that you can be charged with if you attempt to flee or evade a police officer. California Vehicle Code VEH 2800 contains information about each separate offense.

Evading a Police Officer -- VEH 2800.1

According to the code, you are guilty of a misdemeanor when you evade or attempt to elude a police officer if all of the following conditions are true:

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San Jose CA traffic ticket attorneyMost states have some sort of points system in place to track drivers’ traffic tickets and violations. California’s points system is called the Negligent Operator Treatment System (NOTS), and it is a system that sends computer-generated warning letters and progressive disciplinary actions to drivers who are convicted of traffic violations. If you accumulate a certain number of points in a specific amount of time, you could be facing disciplinary action such as fines or a driver’s license suspension or revocation.

Assigning Points

Violations can range from zero to three points, and the amount of points received for a violation depends on how serious the violation is.

One Point Violations

Examples of one point violations can include:

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What to Do During a California Traffic Stop

San Jose Traffic Ticket Defense LawyerThe U.S. Bureau of Justice Statistics estimates that 42% of police contact occurs at traffic stops, and of that, about half result in a citation. While a traffic stop can be anxiety-inducing, it is essential to keep calm and use common sense. Your behavior during a traffic stop might be your make-or-break moment when a police officer is determining whether or not to issue you a ticket. Here are some useful tips on what to do and what not to do when you are pulled over:

Acknowledge Their Attempt.

Signal to the officer that you see they are trying to pull you over. Turn on your right blinker to indicate that you will be pulling off onto the shoulder, or if there is no shoulder available, turn your hazard lights on to show that you are trying to find a safe stopping location. If you do not indicate your acknowledgment and intent to comply, the officer might believe that you have reason to flee, or are attempting to do so.

Be cautious at night.

If the stop occurs after daylight hours, try to find a well-lit area to stop, such as a restaurant, gas station, or parking lot. If there are no businesses nearby, pull over to the right shoulder, as far away from the road as possible to keep yourself and the officer out of danger.

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San Jose traffic violation defense lawyers, traffic ticket, unpaid traffic fines, driver's license suspension, traffic finesAccording to the Los Angeles Times, as of next month Californians will no longer face losing their driver’s licenses due to unpaid traffic fines. Historically, drivers who accrued outstanding unpaid traffic tickets risked having their licenses suspended; however, according to Governor Jerry Brown, this form of punishment was not an effective way of collecting unpaid fines for the state.

Additionally, the governor also argues that such a system helped perpetuate a cycle of job loss and poverty among low-income individuals who were unable to pay their traffic tickets. Therefore, a new law that takes place in August will abolish the practice of suspending licenses based solely on outstanding unpaid traffic tickets.

However, it is important to note that the new law will not apply retroactively to people who have already had their driver’s licenses suspended. Additionally, it should also be pointed out that even after California’s new law takes effect, the consequences associated with ignoring outstanding traffic fines are still substantial.

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