DUI Arrest UP

The California Highway Patrol arrested 71 people in Los Angeles County for DUI on Christmas Eve, more than double last year’s total (of 30).

No one was killed in traffic accidents between 6 p.m. Thursday and 6 a.m. Christmas Day in L.A. County, compared with two deaths in 2008. But the CHP noted a sharp increase in arrests and traffic-related deaths across the state.

Statewide, 246 people were arrested for DUI this Christmas Eve, compared with 167 last year. In 2008, 30 people in Los Angeles County were arrested.

Red Light Camera

The Los Angeles Police Department’s redlight camera program has seen a sharp rise in revenue, this year.

From late 2007 to late 2009, monthly revenue from cameras, now operating at 32 city intersections, has nearly doubled from about $200,000 per month to about $400,000.

Records show that the city’s income now far exceeds that of Culver City and the Metropolitan Transportation Authority, both of which had often eclipsed Los Angeles in photo enforcement income.

Los Angeles officials insist the program is intended to reduce accidents and save lives, although red-light camera critics contend cities are chiefly interested in raking in money from automated systems that snag violators 24 hours a day.

The improved financial performance of Los Angeles’ program, one of the largest in the nation, appears to be the result of changes in program administration, not a sharp spike in violations processed through the courts.

Last year, the city more than doubled the amount charged for most of its red-light camera tickets.

Preparing for Court

Are you planning to flight your traffic ticket by going to Court? Well if you have the time, one effective thing to do is to go visit the actual court room where you will have your trial, on the same day in advance of your actual date. For example, if your case is scheduled for a Tuesday hearing at 8:30 am in department 24, then go to department 24, on a Tuesday prior to your hearing date at 10 am and watch what happens in the court room.

See how the people are called to the stand. See how the Judge addresses them and what questions he asked them. See how people present their case to the judge, how they argue their case, how they cross examine the police officer, and take away what you think works and employ that to your case strategy. The process will expose weakness in your cases and give you ideas to prepare for in your case.

If you don’t have the time or luxury to do this, consider hiring an attorney or talking to someone who is familiar with the court system.

Arraignment Hearing

After you get a ticket, the ticket will give you a hearing date. Usually this is the arraignment hearing. This is where you enter your plead. Most people to the Court’s delight, plead guilty and pay their traffic tickets online avoid having to come to court.

If you decide to come to your arraignment hearing, it works like this. A large group of people are scheduled to be there so it will pretty much take up your entire morning. Your hearing are scheduled at 8:30 am.

When you get into the courtroom, the bailiff will take roll call. He will ask you to tell him you are present when he calls your name. They also usually pass out a form for you to sign in, acknowledging your acceptances to have your traffic ticket heard before a temporary judge. A temp judge is some times used in California since most courts do not have a judge assigned to strictly handling traffic related crimes or misdemeanor matters (no insurance, speeding tickets, and etc).

If you name is not called, you are asked to talk to the clerk so that they can pull your files. Eventually, after everyone is checked in, the judge will come in. The Bailiff will call you to come up to talk to the Judge. The Judge will tell you what you have been charged with. He will ask how you plead.

If you plead guilty then he tells you your estimate fee amount. If you need more time to pay, you can ask him for an extension and/or the opportunity to do community service in lieu of having to pay. If you plead not guilty or no contest then the court will assign you a preliminary hearing date. In order to plead not guilty or no contest you have to post bail. The amount of bail impose is relatively high to encourage you to plead guilty. You also have a shorter period of time to pay your bail. I think the longest that you can ask for an extension of time to pay your bail is 30 days where as you can pay your fine over a longer period of time if requested. Its up to the judge how long you have to pay your fine.

You can also ask for traffic school when you make your plead.

After you enter your plead, you wait for the court to give you your paper work. Depending on what the Judge orders you either have to take your paper work to the clerk’s office and pay your fine and you can go home if it states otherwise.

That is basically the arraignment process in a nutshell.

Two Kinds of Traffic School

There are two types of traffic school. There is a 8 hour class and a 12 hour class. Normally, the 8 hour class is offered to you online when you go to pay your traffic ticket. The Court will offer this option to get as many people as possible to avoid going to Court. The 12 hour class is a two day 6 hour class that you have to participate in in person. You can’t take it online.

You also have to ask the Judge to allow you to attend the 12 hour class to avoid getting one point on your DMV record. That means, you have to go to court and ask the judge.

So what you need to do is request a hearing date or attending the date set on your ticket. At the hearing, ask the Judge for the opportunity to attend the 12 hour class. It will mean that you plead guilty to the ticket and pay the fee but you get the 12 hour class to avoid the points from getting put on your DMV record. This is particularly helpful if you have recently taken the 8 hour class.

Vehicle Code 12810

Vehicle Code 12810 is the section that gives the DMV the authority to access points on
our driving records.  As you can see if you read the statute, it sets forth how many points
are assigned for each violation.

In determining the violation point count, the following
shall apply:
   (a) A conviction of failure to stop in the event of an accident in
violation of Section 20001 or 20002 shall be given a value of two
points.
   (b) A conviction of a violation of Section 23152 or 23153 shall be
given a value of two points.
   (c) A conviction of reckless driving shall be given a value of two
points.
   (d) (1) A conviction of a violation of subdivision (b) of Section
191.5 or subdivision (c) of Section 192 of the Penal Code, or of
Section 2800.2 or 2800.3, subdivision (b) of Section 21651,
subdivision (b) of Section 22348, subdivision (a) or (c) of Section
23109, Section 23109.1, or Section 31602 of this code, shall be given
a value of two points.
   (2) A conviction of a violation of subdivision (a) or (b) of
Section 23140 shall be given a value of two points.
   (e) A conviction of a violation of Section 14601, 14601.1,
14601.2, 14601.3, or 14601.5 shall be given a value of two points.
   (f) Except as provided in subdivision (i), any other traffic
conviction involving the safe operation of a motor vehicle upon the
highway shall be given a value of one point.
   (g) A traffic accident in which the operator is deemed by the
department to be responsible shall be given a value of one point.
   (h) A conviction of a violation of Section 27360 or 27360.5 shall
be given a value of one point.
   (i) (1) A violation of paragraph (1), (2), (3), or (5) of
subdivision (b) of Section 40001 shall not result in a violation
point count being given to the driver if the driver is not the owner
of the vehicle.
   (2) A conviction of a violation of paragraph (1) or (2) of
subdivision (b) of Section 12814.6, subdivision (a) of Section 21116,
Section 21207.5, 21708, 21710, 21716, 23120, 24800, or 26707 shall
not be given a violation point count.
   (3) A violation of subdivision (d) of Section 21712 shall not
result in a violation point count.
   (4) A violation of Section 23136 shall not result in a violation
point count.
   (5) A violation of Section 38301.3 shall not result in a violation
point count.
   (j) A conviction for only one violation arising from one occasion
of arrest or citation shall be counted in determining the violation
point count for the purposes of this section.

However, Section 12810(j) gives the department of motor vehicle the right to assign
more points than you think.

For example, If you get a DUI and were involved in a car accident you can get accessed up
to 3 points.  2 points for the DUI and 1 point for the accident at fault.  Section 12810(j)
has been challenged in court and the higher courts have stated that this section
allows the court to access points for one incident from other subsection of this section.