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Fight Your Ticket and Win in California

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Overview

Win your traffic court case with the book that's helped thousands of Californians!

A traffic conviction can add hundreds of dollars to your yearly auto insurance premiums. Fight Your Ticket & Win in California shows you how to handle ...

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Overview

Win your traffic court case with the book that's helped thousands of Californians!

A traffic conviction can add hundreds of dollars to your yearly auto insurance premiums. Fight Your Ticket & Win in California shows you how to handle your case in traffic court, get the right kind of hearing and win.

Attorney David Brown provides you with the detailed tactics you need to:

  • prepare and present your evidence
  • argue before a judge
  • cross-examine a police officer's testimony
  • get your case dismissed
  • appeal a decision
  • determine the consequences of your violation

The 13th edition provides the latest legal information for California drivers, including fines and penalties, and contains fully up-to-date information on recently signed legislation regarding cell phone use.

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Editorial Reviews

Bookwatch
Learn how to challenge speeding tickets, how to determine if a ticket is beatable before going to court, how to assemble evidence and present a case, and how to appeal a conviction.
Sacramento Bee
A clear, thick and comprehensive manual to help the Californian beat what he or she perceives as a bum traffic rap.
Autoweek
A surprisingly easy read... the book is a top-notch primer.
Monterey Herald
Can be a proverbial sling to help David fell Goliath.
The Electric Review
A book every driver should own.
Traffic Court Referee
Packed with practical information... every driver should keep a copy of it...
— Agatha Hoff
Bookwatch
"Learn how to challenge speeding tickets, how to determine if a ticket is beatable before going to court, how to assemble evidence and present a case, and how to appeal a conviction."
Sacramento Bee
"A clear, thick and comprehensive manual to help the Californian beat what he or she perceives as a bum traffic rap."
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Product Details

  • ISBN-13: 9781413310306
  • Publisher: NOLO
  • Publication date: 7/20/2009
  • Edition number: 13
  • Pages: 418
  • Sales rank: 1,408,520
  • Product dimensions: 8.42 (w) x 10.90 (h) x 0.90 (d)

Meet the Author

David Brown practices law in the Monterey, California area, where he has represented both landlords and tenants in hundreds of court cases -- most of which he felt could have been avoided if both sides were more fully informed about landlord/tenant law. Brown, a graduate of Stanford University (chemistry) and the University of Santa Clara Law School, also teaches law at the Monterey College of Law and is the author of Fight Your Ticket (CA version), Beat Your Ticket (the national version), The Landlord's Law Book, Vol. 1: Rights and Responsibilities; The Landlord's Law Book, Vol. 2: Evictions and co-author of How to Change Your Name in California and The Guardianship Book for California.
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Table of Contents


First Things
A Typical Case     4
Should You Fight Your Ticket?     4
Overview Chart     6
How to Read Your Ticket
What Are You Charged With?     10
Are You Really Guilty?     10
Other Information on Your Ticket     12
Types of Tickets     13
What Are the Consequences: Fines, Jail, Your "Record," and Insurance
Generally     18
Overview of Specific Violations     24
Out-of-State Tickets     28
Speed Violations and Radar
The "Basic Speed Law" (VC [section section] 22350, 22351)     34
"Technical" Defenses to Basic Speed Law Charge     35
Substantive Defenses to Basic Speed Law Charge     41
Speeding on Bridges, Tunnels, and Overpasses (VC [section] 22405)     45
Exceeding Maximum Speed Limits-55 to 70 mph (VC [section section] 22349 & 22356)     46
All About Radar     48
"Laser" Detectors     59
Other Moving Violations
Not Stopping     63
Improper Turning (VC [section section] 22100-22106)     64
Being Rude (Miscellaneous Violations)     68
Non-DUI Alcohol-Related Offenses     76
Illegal Drug Use/Possession     78
Motorcycle Helmet Laws (VC [section] 27803)     79
Violations Involving Accidents and Insurance     79
Tickets That Don't Appear on Your Record
Parking Tickets     84
Equipment, License, and Registration Violations     86
Other Nonmoving Violations     89
Federal Government Tickets     92
The Serious Offenses (Misdemeanors)
Generally     96
Common Vehicle Code Misdemeanors     97
Driving Under the Influence (DUI)
The Offenses     111
Penalties the Court Can Impose     115
How Alcohol Interacts With Your Body     118
Blood or Breath Tests for Alcohol     122
License Suspension Penalties and Procedures     128
Dealing With a DUI Charge     129
Should You Fight Your Ticket/Should You Get a Lawyer?
Things to Consider     138
Do You Need a Lawyer?     143
Fighting an Infraction Citation
Preliminary Steps for Fighting an Infraction     152
Contacting the Court Clerk     168
Arraignment     171
Requests You Can Make at Arraignment     175
Motions After Arraignment     182
After Your Motion Is Granted or Denied     212
Courts Refusing to Hear Motions Before Trial     212
Preparing for Trial
Overview of Formal Infraction Trial With Officer Present     216
Getting Your Materials Together     217
Motions You May Want to Make Before Trial     224
Preparing to Deal With the Officer's Testimony     226
Testimony Presented on Your Behalf     257
Cross-Examination by the Prosecution     263
Final Argument     263
Trials Before Judge (Without a Jury)
Introduction     266
Understanding the Courtroom     267
Trial Procedure     268
Handling a Misdeameanor Charge: Arraignment to Jury Trial
Introduction     280
Arraignment     280
Making Deals     282
Selecting the Jury     283
Trial Procedure     287
Jury Instructions     289
Closing Arguments     294
The Judge Instructs the Jury     296
Sentencing
Time for Sentencing     298
Possible Sentences     298
Motions to Vacate Sentence     301
If You Appeal     304
License Suspensions by the DMV
Too Many Violations or Accidents     306
Driving With a BAC of 0.08% or More     309
Refusal to Take a Blood or Breath or Roadside "PAS" Test     310
Automatic Suspension or Revocation     312
Holding a License in Abeyance     315
Appealing a Conviction
Possible Grounds for Appeal     319
The Steps in an Appeal     324
Staying Out of Trouble
Avoiding the Traffic Officer     348
Being Pulled Over     352
Talking to the Officer     354
Arrests, Searches, and Seizures     361
Preparing for Your Trial-Notes and Pictures     365
Accident Citations     366
Where Do We Go From Here?
Appendix
Informal Discovery Request
Proof of Service by Mail
Request for Trial by Written Declaration
Request for Trial de Novo
Demand for Court Report or Electronic Recording of Proceedings
Peremptory Challenge
Subpoena
Subpoena Duces Tecum
Notice of Appeal (Infraction)
Proposed Statement on Appeal (Infraction)
Index
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Customer Reviews

Average Rating 3.5
( 2 )
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Sort by: Showing all of 2 Customer Reviews
  • Posted October 22, 2010

    Still the definitive primer in the fight against the "Ticketing Machine"

    As a layman, who began to stand up for himself and fight back against a majority of unjust tickets in 1983, I've been using Attorney Brown's book so long I consider myself a charter member of this guide; one of Nolo's most popular (and for good reason!). Addressing the primary beef in the review from 'Anonymous', _Fight_Your_Ticket_ is not the complete users' guide to fighting tickets, nor can -- nor should -- it be! For such an item to exist, it would have to contain so many pages and/or hyperlinks to other material, it would be hopelessly cumbersome. As to what it strives to be, however (and that is a very comprehensive guide on how to enter the intimidating legal arena necessary to fight an infraction [or worse, a misdemeanor or felony] citation), it succeeds remarkably well. Regarding more advanced or arcane legal points, Mr. Brown does a good job giving the reader the tools and the means to go reference the final authority: the actual statute(s), and possible associated case law. A hearty "thumbs up" to a book I'm still using today, actively fighting an unjust citation that is still pending as I write this review!

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  • Anonymous

    Posted January 10, 2010

    Not very clear

    I would say you should not rely on this book for taking you through all the steps clearly. I had to do further research online on other sites to get clearer answers to things that the book didn't cover. For example, the book doesn't mention that you should send discovery request a certain number of days before arraignment - but it says at arraignment, you should ask the judge for a motion to dismiss if your discovery request wasn't responded to. Later I found out through a website how many days prior to arraignment you should send a discovery request.

    0 out of 1 people found this review helpful.

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