John W Stanko's Answers

John W Stanko
San Rafael DUI / DWI Attorney.
Contributor Level 8

1

Attorney answers:

  1. John W Stanko

Should we contest the automated traffic violation notice from AZ on hyway 10 during heavy traffic (6.53 PM) on 4/21/09

Asked by a user in Hermosa Beach, CA - about 3 years ago.

Hi Claude: Take a close look at the ticket. Was it issued by a court or by a private company or police agency? If by a private company they have no jurisdiction to issue a warrant and they are searching for the actual driver's information and the fine $. These tickets are big revenue makers as most people just pay them. Don't do it. Your wife is under no obligation to respond to a SNITCH TICKET of this type. This type of ticket is not unlike tickets issued by many jurisdictions using...

5 people marked this answer as helpful

3

Attorney answers:

  1. John W Stanko
  2. Howard Woodley Bailey
  3. Jason Y. Chan

Will juvenile traffic court cases show up on criminal records?

Asked by a user in Glendale, CA - almost 3 years ago.

No it will not.

Selected as best answer

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Attorney answers:

  1. John W Stanko

Is a loud radio ticket, in Glendale, CA, a moving violation? Do I get points on my driving record if I plead guilty and pay it?

Asked by a user in Glendale, CA - almost 3 years ago.

CA vehicle code section 27007 is not considered a moving violation and does not carry any points on your record. I would always suggest fighting any ticket. You may win! Contact a local, LA area, traffic attorney if you do not want to do it yourself. The cop must prove you guilty beyond a reasonable doubt of every element of the crime. VC 27007 states: No driver of a vehicle shall operate, or permit the operation of, any sound amplification system which can be heard outside...

2 people marked this answer as helpful

3

Attorney answers:

  1. John M. Kaman
  2. Andrew Stephen Roberts
  3. John W Stanko

No money to pay for $900 warrant.It is because I did not go to court based on registration on car was not paid.

Asked by a user in Perris, CA - over 1 year ago.

An attorney may be able to have you case put on the court calendar and get you back in front of a judge. You will likely not have to appear in court. However, some traffic courts do require that you post your entire bail amount before they will allow you back on calendar.

1 person marked this answer as helpful

3

Attorney answers:

  1. Brian Richard Dinday
  2. Robert Lee Marshall
  3. John W Stanko

What do I do to have a past conviction dismissed?

Asked by a user in San Diego, CA - almost 3 years ago.

You question is regarding a dismissal and to get that accomplished you need to file a petition for expungement under Penal Code section 1203.4. As Mr. Marshall indicated, this can be a simple procedure. You can contact the court that you were convicted in and in most counties the forms for an expungement are available online and they are certainly available online at the link I have attached. Most people do not want to do the leg work themselves and will want to hire an attorney to...

1 person marked this answer as helpful

2

Attorney answers:

  1. Robert Lee Marshall
  2. John W Stanko

I received a deferred judgment for marijuana possession about a year ago, and I need to know, is it still on my record?

Asked by a user in Los Angeles, CA - almost 3 years ago.

Hello. It appears that you were placed on a deferred entry of judgment program and that you successfully completed it. Congratulations. If this is correct then CA penal code section 1000.4 states that the case has been dismissed and you are legally entitled to stat that you were never arrested for the deferred offense. Further, the arrest record involving the deferred offense cannot be used to deny any employment, unless applying to be a peace officer, then the record may be disclosed....

1 person marked this answer as helpful

1

Attorney answers:

  1. John W Stanko

Can i get a Restricted Driver's License in ca to drive to school and home

Asked by a user in Victorville, CA - almost 3 years ago.

Hello: If you license is suspended by the CA DMV due to failure to pay, FTP, or failure to appear, FTA, the DMV will not release the hold until they receive an abstract from the court showing that you have either paid or appeared. The DMV will not give you a restricted license in this situation. You should contact the court or collection agent to either place your case back on the court calendar or make payment arrangements. Often times the court will issue an abstract when you place the...

1 person marked this answer as helpful

2

Attorney answers:

  1. John W Stanko
  2. Kevin Paul Smith

AZ licensed driver living in CA got ticket

Asked by a user in Valencia, CA - about 3 years ago.

Hello The court in CA has jurisdiction over your citation and since you do not have any points on your record you should be eligible to do traffic school and can likely do it online. Go to the court website the county that you got the ticket and or call the court and request traffic school. Traffic school is a guarantee to keep the point off of your record and if no point is issued by CA then none goes out on the interstate compact, AZ shouldn't see anything and you should be good to go....

1 person marked this answer as helpful

3

Attorney answers:

  1. Hussein Ali Chahine
  2. John W Stanko
  3. Robert Laurens Driessen

Formal DUI Probation and received a 21461(a) citation

Asked by a user in Simi Valley, CA - over 1 year ago.

You are obeying the terms of your probation to the exact letter of your order by calling your PO to report this citation. In my experience many people do not report all arrests or citation as they have been ordered to do and they can be violated for simply not reporting the citation if their PO finds out about it. With that said, I have never seen a client get violated for simply picking up a traffic violation. However, if you were driving with a suspended license or driving in violation...

4

Attorney answers:

  1. Robert Laurens Driessen
  2. Mark A. Broughton
  3. John W Stanko
  4. Michael Rutledge Norton

Will DMV extend my license suspension if I was convicted of driving with a suspended license?

Asked by a user in Lafayette, CA - over 1 year ago.

It appears that both of your cases for suspended license violations were resolved and you were convicted as you say the court already issued you the work alternative program. If that is so, you have at least 6 points on your driving record since October 2009, 2 for the DUI and 2 for each of the suspended license violations. The DMV does not automatically suspend you license due to a suspended license conviction like they do for a DUI conviction. However, based on the number and recency of the...