Legal Question in Traffic Law in California

Can the DA charge me with a differnt VC,Then what RPD gave me a ticket for?


Asked on 10/15/09, 3:01 am

1 Answer from Attorneys

Joe Dane Law Office of Joe Dane

Yes. The prosecution is who decides what charges to file in court. There are some instances where the DA does not get involved - for example, the police directly file their citations for misdemeanors with the court in most cases.

You don't specify which Vehicle Code section you were cited for or what the DA has charged you with, but I'll give you an example:

If your license was suspended and you were caught driving, the police may have cited you for VC 14601. There are different sections of 14601 that deal with why your license was suspended in the first place (for example - 14601.1 is one that's used if your license was suspended because of a failure to appear, 14601.2 if your license is suspended because of a DUI conviction, 14601.5 if it was suspended for excessive blood alcohol levels, etc).

The DA may have figured out a more specific section to charge you with.

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Answered on 10/15/09, 9:08 am


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