Marin DUI Lawyer Blog

On November 14, 2011, the Petaluma Police Department ran an all day traffic enforcement targeting motorcycle safety. In the end 51 traffic tickets were issued but only one to a motorcyclist.

Among the citations issued by the Petaluma Police Officers were tickets for speeding, cellphone use, illegal U-turns, passing over double yellow lines, running red lights and a pedestrian obstructing traffic. In addition, officers made two arrests, one for drunk driving and one for possession of a controlled substance. The driver arrested for drug possession had been stopped for a cellphone violation and officers allegedly smelled marijuana before conducting a further investigation.

The 4th Amendment to the United States Constitution protects us all from unreasonable and warrantless searches and seizures. That protection extends to traffic stops. Police in California can stop a vehicle based on a reasonable belief that a vehicle code violation has occurred and traffic stops are routinely initiated for lighting and mechanical violations as well as for speeding, cell phone usage, illegal turning movements and failure to stop. For an officer to conduct a search of a person or her vehicle without a warrant there must be probable cause to believe a crime has been committed or the officer must have received valid consent from the driver prior to conducting the search.

Continue reading "Petaluma Motorcycle Crackdown - 51 Traffic Tickets Issued" »

Client charged with violating Vehicle Code 21453, red light camera ticket in Emeryville. Case dismissed at court trial in Oakland, Alameda County Superior Court.

Marin County man alleged to have been driving 71 mph, based on radar, in a 35 mile per hour zone on Nicasio Valley Road. Court trial in the Marin Superior Court. The citing CHP officer failed to produce a valid traffic and engineering survey and the charged violation of Vehicle Code 22350 and court ordered suspended license from prior trial by written declaration are dismissed.

In California the use of Radar or Lidar on most surface streets where the speed limit has been set at prima facie limit the police must produce a valid traffic and engineering survey in order to justify the use of a speed measuring device. According to the California Manual on Uniform Traffic Control Devices, prima facie speed limits should be set at the nearest 5 mph increment of the 85% of all driver's in the survey unless proper legal reasons allow for a reduction below that setting. The use of Radar or Lidar where there is no valid survey amounts to an illegal speed trap.

Continue reading "San Francisco Bay Area Traffic Ticket Results Nov 14-18, 2011" »

On Tuesday, August 12, 2011, a speeding ticket in violation of California Vehicle Code section 22349(b), exceeding the posted 55 mph limit was dismissed out of the Pleasanton Courthouse in Alameda County. The client from Oakley California hired an attorney to represent in him connection with his traffic ticket. His traffic defense lawyer submitted a trial by written declaration on his behalf and the Alameda County Judicial Officer made his ruling based on it.

A trial be written declaration must be filed prior to the original due date on a traffic ticket in California and the defendant must post any associated bail in order to have the matter heard. The citing officer must then submit a declaration to the court in order for a trial to be held on the written declarations. If the officer fails to respond or does not provide evidence sufficient for a finding of guilty beyond a reasonable doubt the matter will be dismissed and the bail amount refunded. If the court renders a finding of guilt the defendant then as a right to request a new trial in front of a judicial officer.

A conviction for a violation of Vehicle Code section 22349(b), would have resulted in one point on the client's driving record and increased insurance costs.

Continue reading "Contra Costa County Man found not guilty of speeding" »

Today the City of San Rafael began using Red Light Photo Enforcement Cameras to catch red light runners. Marin County's first Red Light Cameras were installed free of charge to City of San Rafael by Redflex Traffic Systems Inc., of Scottsdale Arizona.

Drivers will encounter Red Light Cameras at the intersection of Third and Irwin Streets in downtown San Rafael in both the West and Northbound directions. The City of San Rafael will be paying Redflex Traffic Systems Inc., a monthly fee of $5,900.00 for the Red Light Cameras at Third and Irwin. This will be the first of ten intersections to receive the Photo Enforcement Cameras.

According to the City of San Rafael, drivers alleged to have run the Photo Enforced Red Light will receive a warning during the first month. Thereafter, the ticket for running the Photo Enforced Red Light will carry a $503.00 fine.

Continue reading "San Rafael gets 1st Red Light Cameras in Marin County" »