Victor Joseph Mazzaraco’s Answers

Victor Joseph Mazzaraco

Bakersfield Criminal Defense Attorney.

Contributor Level 8
  1. CA traffic court rules, can I get a ticket dismissed if it states my speed was 30 in a 45

    Answered over 5 years ago.

    1. Jonathan Louis Kramer
    2. Victor Joseph Mazzaraco
    3. Patricia Elizabeth Fox
    4. John M. Kaman
    5. Ryan Patrick McClure
    5 lawyer answers

    You got a ticket for going 30 in a 45mph zone, which doesn't necessarily mean you got a speeding ticket. In fact, it seems likely you were cited for going too slow. Were Cheech and Chong in the car with you? Just kidding...Look on your citation and you'll see the vehicle code section you're alleged to have violated. This will tell you what you're charged with - too fast or too slow. With that info you can plan your argument - if charged with too slow, explain the reasons why you were...

    2 lawyers agreed with this answer

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  2. What can I do to contest a speeding ticket received in CA state

    Answered over 5 years ago.

    1. Ben Walter Pesta II
    2. Victor Joseph Mazzaraco
    3. Danny James Weisenburger
    3 lawyer answers

    HERE'S THE DIFFERENCE 1 MPH MAKES: AT 100MPH EVEN, YOU'D BE FACING A FINE OF AROUND $500 AND ONE POINT WOULD BE ASSESSED AGAINST YOUR LICENSE. AT 101MPH, THOUGH, THE FINE JUMPS UP TO $1,830 (MAX), TWO POINTS ARE ASSESSED AGAINST YOUR LICENSE, AND YOUR LICENSE IS SUSPENDED FOR 30 DAYS. THE MAJOR PENALTIES KICK IN FOR GOING "ABOVE 100MPH," NOT "100MPH OR GREATER..." I RECOMMEND THE FOLLOWING FOR OUT-OF-STATE DEFENDANTS FACING A TRAFFIC MATTER: CONTACT THE COURT AND REQUEST A TRIAL BY...

    2 lawyers agreed with this answer

  3. What steps do I need to take in order to get my license back in good standing?

    Answered over 5 years ago.

    1. Victor Joseph Mazzaraco
    1 lawyer answer

    THE THING ABOUT FAILING TO APPEAR FOR A COURT TRAFFIC TRIAL IS THAT THE FAILURE TO APPEAR IS A MORE SERIOUS CHARGE THAN THE ORIGINAL SPEEDING TICKET. THE FTA IS A MISDEMEANOR. IT TRIGGERS A LICENSE SUSPENSION AND THE ISSUING OF A BENCH WARRANT FOR YOUR ARREST. IF YOU'VE BEEN DRIVING, YOU'VE BEEN VERY LUCKY THE POLICE HAVEN'T STOPPED YOU, EVEN FOR A BURNED OUT SIGNAL LIGHT, OR NOT WEARING A SEAT BELT. THEY'D RUN YOUR LICENSE, DISCOVER THE FTA'S, AND YOU'D GO TO JAIL. YOU MUST DEAL WITH THIS...

    1 lawyer agreed with this answer

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  4. Is there a way to remove points from one's driving record once one has plead no contest?

    Answered over 5 years ago.

    1. Victor Joseph Mazzaraco
    1 lawyer answer

    THE DMV KEEPS TABS ON MOTORISTS THROUGH ITS POINTS SYSTEM. 4 POINTS IN 12 MONTHS (SIX IN A 24 MONTH PERIOD OR EIGHT OR MORE IN ANY 36 MONTH PERIOD) LEADS TO A "NEGLIGENT DRIVER" CLASSIFICATION - AND SUSPENSION. AS FOR THE DMV LETER, YOU MUST REQUEST THAT HEARING WITHIN 10 DAYS OF RECEIVING THE LETTER OR YOU WON'T GET A HEARING. I'D SUGGEST YOU REQUEST ONE. THE HEARING MY BE IN PERSON OR OVER THE PHONE. HAVING CHARACTER WITNESSES WHO ARE FAMILIAR WITH YOUR DIRIVING AND WILL STATE YOU ARE...

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  5. What are the chances that my license will get suspended and my insurance rates will increase for getting a speeding ticket

    Answered over 5 years ago.

    1. Jason David Witt
    2. Sarah Jessica Farber
    3. Francisco J Rodriguez
    4. Victor Joseph Mazzaraco
    5. W Marc Hardesty
    6. ···
    6 lawyer answers

    In California, going 53 in a 35 is an offense allowing you to go to traffic school. You'd enter a no contest plea to the charge of speeding, then go to a one-day traffic class. Submit proof of completing the class (which is about 7 hours, usually done on a Saturday. With an hour for lunch and the rest spent in classroom). and the offense disappears, as if it never happened. No ramifications with your insurance company. License suspension won't happen unless you're convicted of...

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  6. Was arested for having a suspened DL, was not driving, the car was parked on the drive way and was impounded.

    Answered over 2 years ago.

    1. Victor Joseph Mazzaraco
    2. David Jon Pullman
    3. Elliot Rahmim Zarabi
    4. John Anthony Tello
    4 lawyer answers

    That's hard to say, because if the police want to see you prosecuted what actually happened isn't necessarily the exact account they will deliver if and when testifying at a preliminary hearing, or even trial. Do they have to tell you why they're at your house or banging on your door? No. And your friend didn't have to open that door - they never entered without his agreement, right? And while yelling in the backyard, they were not on your frien'd property, right? And the fact you gave...

  7. Recieved final 30 day extension for traffic ticket. Due 7/1 Just got a job, need more time to pay. What should I do.

    Answered over 5 years ago.

    1. Victor Joseph Mazzaraco
    1 lawyer answer

    IF TRAFFIC SCHOOL IS ALREADY PAID FOR COMPLETE THE CLASS AND GET THE CERTIFICATE PROVING YOU DID SO. GET A LETTER FROM YOUR NEW EMPLOYER STATING YOUR START DATE. FORWARD BOTH THE PROOF OF COMPLETION OF TRAFFIC SCHOOL (MAKE AN EXTRA COPY FOR YOURSELF -DO THIS! PAPERWORK TO COURTS GET LOST ALL THE TIME) AND THE EMPLOYER LETTER TO THE COURT, ATTENTION :REVENUE RECOVERY. EXPLAIN YOUR SITUATION IN ANOTHER LETTER AND REQUEST THEY CONTACT YOU ASAP. PROVIDE ACCURATE CONTACT INFO. I SUGGEST...

  8. How long for traffic violations???

    Answered over 5 years ago.

    1. Victor Joseph Mazzaraco
    1 lawyer answer

    IT'S IMPOSSIBLE TO GIVE YOU A DEFINITIVE ANSWER BECAUSE OF THE VARIABLE INVOLVED. FOR EXAMPLE, DRIVING ON A LICENSE SUSPENDED DUE TO A DUI (14601.2) CARRIES A 10 DAY MANDATORY JAIL SENTENCE. OTHER OFFENSES ARE NOT AS SEVERE. THE SPEEDING TICKETS THEMSELVES AREN'T TOO MUCH OF A PROBLEM, BUT FAILING TO APPEAR ON THEM IS A MISDEMEANOR EACH TIME YOU FAILED TO APPEAR. PLUS $300/FINE - EACH. HONESTLY, YOU NEED TO DISCUSS THIS WITH A LAWYER. JAIL TIME IS UNUSUAL FOR TRAFFIC MATTERS, BUT NOT...

  9. Received a Photo speeding ticket for aprox 66mph in a posted 55mph zone

    Answered over 5 years ago.

    1. Victor Joseph Mazzaraco
    2. Alan James Brinkmeier
    2 lawyer answers

    YOU CANNOT AND SHOULD NOT IGNORE IT. THAT'S HOW BIG PROBLEMS START, BECAUSE IT WILL NOT JUST GO AWAY...IT'LL ALWAYS BE THERE, WAITING TO JUMP OUT AND BITE YOUR BACKSIDE. NOT ANSWERING WILL TRIGGER ISSUANCE OF A BENCH WARRANT AND ADD A FAILURE TO APPEAR CHARGE - A MISDEMEANOR AND $300 FINE, PLUS SUSPENSION OF YOUR LICENSE. THE FACT OTHERS WERE SPEEDING DOES NOT HELP YOU - IF 10 CARS GO THROUGH A RED LIGHT AND THE COP SELECTS ONLY YOU TO STOP, YOU'RE CHARGED. PERIOD. ENTER A NOT...

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  10. If I live in NY state, was not driving the rental car & received a photo radar ticket in the mail, do I have to pay it?

    Answered over 5 years ago.

    1. Victor Joseph Mazzaraco
    1 lawyer answer

    VEHICLE CODE SECTION 40518 & 40520 MAKE "PHOTO-RADAR" LEGAL IN CASES OF RUNNING RED LIGHTS; THERE'S SOME DEBATE ABOUT THEIR USE TO CHARGE A SPEEDING VIOLATION. WERE YOU TO GO TO COURT ON THIS MATTER THERE WOULDN'T BE AN OFFICER TO IDENTIFY YOU, OR TO TESTIFY AS TO THE ROAD, WEATHER AND TRAFFIC CONDITIONS. THE LATTER IS SIGNIFICANT BECAUSE A CHARGE OF 47/35 IS A BASIC SPEED LAW CASE, AND THE BASIC SPEED LAW SAYS YOU CAN ADMIT TO EXCEEDING THE POSTED SPEED LIMIT AND STILL BE FOUND NOT GUILTY IF...

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