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Michael J Silveira
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Michael Silveira’s Answers

439 total


  • Is a 5204(a) traffic stop legal if the officer ran the plates ahead of time and knew the vehicle was currently registered?

    I was cited for a DUI after being pulled over at a traffic light for a registration violation. In the police report, the officer states that a records check was run beforehand, that my car was currently registered, but I was pulled over for a 520...

    Michael’s Answer

    Have your attorney run a Motion to Suppress.

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  • I got a red light violation ticket from a red light camera, not a police officer and want to fight it.

    I got the ticket at 6:16pm as it was starting to go dark, it shows on the pictures the light turned red 0.2 seconds before i crossed the line. I think this is too short and want to fight it in court, can I win and if so should I get a lawyer?

    Michael’s Answer

    This may be difficult to fight on your own. I have handled hundreds of Red light tickets in San Mateo County, I highly recommend finding a lawyer.

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  • Because statue of limitations on speeding ticket is a year is it true i can file for dismissal on basis of Serna v. Superior Co

    "In a criminal matter, the Defendant has the right to a speedy, public trial (U.S. Constitution, Sixth and Fourteenth Amendments; California Constitution, Article I, section 15), and in a misdemeanor prosecution that right attaches when a criminal...

    Michael’s Answer

    Some courts will buy this argument - some not. If a court buys it, it is unlikely to get into any of the Wingo factors as traffic courts are very informal.

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  • Do I still need to go to court for a traffic citation when it's not entered in the system?

    I received a traffic ticket for violation of the California Basic Speed Law through a citizen’s arrest by my neighbor. My neighbor made up a story about me going too fast through our neighborhood while his kids were playing in the street. He got a...

    Michael’s Answer

    Contra Costa county takes forever and a day to enter tickets in its the system. Unfortunately, that keeps you at their mercy now - you can wait for them to send you a notice of bail via mail (which they usually do but not always) or you can keep calling them once for every 2 weeks at least.

    That ticket is bogus and will be extremely difficult to prove in court by the way.

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  • Disobey Traffic Light (Red Disc)

    I was driving my friend car to go to Adelaide airport, on the road there was a traffic which was in (Yellow) so while I was going through the yellow traffic light, there was another car which was in middle of the road, the car was giving way for t...

    Michael’s Answer

    In California, accumulating 4 points in one year, 6 points in 2 years, or 8 points in 3 years will trigger a license suspension. A red light offense in California is 1 point.

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  • I was fighting a traffic ticket and decided to ask for traffic school, should I file an appeal or motion for a new trial?

    I went to court in a polo, tie and dress shorts. There was nothing in the paperwork or on the website about the dress code. The judge did not permit me into the courtroom and my case was heard because the CHP officer showed up. I sat outside the c...

    Michael’s Answer

    That is harsh, sorry to hear that happened to you. You could appeal, but litigants are expected to know the local rules of court. You would have to appeal on other grounds.

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  • I got a traffic ticket and contested it through trial by declaration. It has been over a month since I was notified that I...

    I got a traffic ticket and contested it through trial by declaration. It has been over a month since I was notified that I was found guilty in my trial by declaration. I have taken no action since. Do I still have any options at this point (e.g., ...

    Michael’s Answer

    You missed the 20 day de novo cut-off, but you can still request traffic school from the court.

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  • Is not paying for a Traffic Ticket the same as Failure to appear?

    about 5 months ago I hired an attorney to fight a traffic ticket for a moving violation. After my attorney went to court and lost the case, the court gave me 6 months to pay for the ticket. If I don't pay for it, will it be the same as failure t...

    Michael’s Answer

    Pay the fine. If you don't, you will be facing a possible license suspension and $300 civil assessment.

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  • Would I be able to fight a ticket for no seatbelt even though I was wearing one?

    I was wearing a seatbelt but improperly and that was because the medication I take causes irritations when prolonged exposure to the sun. That day the seatbelt was brushing the side of my face every time I looked over my shoulder for a turn or lan...

    Michael’s Answer

    Any ticket can be contested. If you can obtain a Doctor's note it will be of great assistance at trial.

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  • I found a gps tracking device on my car, I don't know who put it there. How can I find out?

    It's either federal leo s or my wife. If its the former not much I can do, but if its the latter I can use as leverage in divorce and child custody fight. I works in cyber security so I know HIV has had an interest, can I do anything? They scare m...

    Michael’s Answer

    Remove it and take it to an expert who may be able to determine where it originated from.

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