Legal Question in Traffic Law in California
Trial By Declaration for a Misdemeanor
I was charged with speeding 39 mph in a 25 mph zone in Malibu. The officer saw that I had a restricted license only allowing me to drive to and from work, and so also charge me with a misdemeanor. What are my best options for avoiding conviction, particularly for the misdemeanor. Is trial by declaration allowed for misdemeanors in addition to infractions?
2 Answers from Attorneys
Re: Trial By Declaration for a Misdemeanor
What was the reason for your restricted license? Where were you going or coming from? This could possibly mean a violation if you are on probation. Which court are you to report to? A misdemeanor cannot be handled with a trial by declaration. Please contact my office at 310/277-1707 to discuss your legal options.
Sincerely,
Lawrence Wolf, Esq.
Re: Trial By Declaration for a Misdemeanor
Thank you for your posting. The quick answer to your question, unfortunately, is no. The reason is that in misdemeanors, unlike traffic citations, there is always the potential for jail time (and the penalties for a �14601(a) violation, first time driving on a suspended/revoked license), are up to 6 months in jail and/or a $1,000 fine. For that reason, the court wants to make sure that you have the advisement of an attorney before you make any decisions on anything, and that you are explained all the rights you have, including your rights against self-incrimination, before you testify, in writing, or otherwise.
If you had a restricted license, or are able to get a full license back in a reasonable time period, I strongly suggest that you get an attorney to help you.
If you would like my help, or just have any questions or need more information, please email me at [email protected], or call me toll free at 1-877-568-2977. I am happy to help, and best of luck.
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