Legal Question in Traffic Law in California

Bail and traffic tickets---Can't afford day in court.

I received a bogus red light traffic citation and have witness. I know with civil proceedings one can obtain filing fee waivers and in criminal charges a lawyer will be provided if you can not afford one, but is there such an option for traffc citations? What are my options if I am not guilty and want to present my case to a Judge but can not afford to pay in advance for the right to do so? If one is required to sign and promise to appear WITHOUT ADMITTING GUILT then why is due process for only those able to afford it?


Asked on 12/31/01, 7:25 am

1 Answer from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Bail and traffic tickets---Can't afford day in court.

Thanks for your posting, and I'm sorry to hear about your red light traffic citation.

The Sixth Amendment of the U.S. Constitution applies to cases where counsel is requested but the defendant does not have the means to pay.

A long line of cases, including the famous case of Gideon v. Wainwright, holds that the potential for incarceration is one of the factors that decides where the right to counsel attaches.

In traffic cases, where there is no possible jail sentence, only the payment of a fine if you lose, there is no right to have the State pay for a lawyer for you.

Like small claims, the legislature has decided that traffic cases are one of those areas of law where people can, in "plain english", present their case to the court.

Having said that, I have represented tens of defendants in traffic cases, and I can see many reasons why there is a clear advantage to having an attorney. Have you tried to get counsel to represent you?

I, like many attorneys, charge much less for traffic cases, and let you make payments, so the cost to have an attorney for traffic cases is much, much less than for criminal matters.

Anyway, hope that helps, and if you need help, want more information, or have any questions, please feel free to shoot me an email, or call my office at 714-568-1560. Best of luck!

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Answered on 1/02/02, 8:47 pm


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