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How do I reduce my point moving violation for a stop sign to a non-point moving violation?

Concord, CA |

I ran a stop sign performing a rolling stop. I was distracted by some objects in the area and was not aware of the officer's location relative to me. I wanted to know the process on, and how to, reduce my point moving violation to a non-point moving violation. I already did traffic school about 7 months ago for a speeding ticket (75 in a 65 in Santa Cruz county) so I cant do that again. Should I plead guilty or non guilty to contest?

Attorney Answers 4

Posted

Hire a traffic law attorney to represent you in court to try and get the ticket amended to a non-moving, no-point infraction. The prosecutor will review your driving record prior to agreeing to reduce the charge, so there is no guarantee that your attorney will be successful, but that is your best option if you don't want additional points on your driving record.

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5 comments

Asker

Posted

Would this be possible to be done with no attourney representation? I am in a situation of lack of money to hire one.

Andrea R. Rogers

Andrea R. Rogers

Posted

I don't know. In Missouri, defendants can sometimes speak with the prosecuting attorney and ask that the ticket be reduced, but in many courts, the prosecutors refuse to speak with defendants who are representing themselves and will only meet with attorneys. Call the court clerk to ask if you would be allowed to speak with the prosecutor.

Asker

Posted

In my case wouldn't the prosecutor just be the officer who is representing the state? But I will definitely give them a call. Thank you

Andrea R. Rogers

Andrea R. Rogers

Posted

I assume that you would only speak with the prosecuting attorney and not the police officer. As I noted previously, you should contact the court clerk.

Chris J Feasel

Chris J Feasel

Posted

There is no prosecutor in traffic court. You have the judge and the officer. And unless you know what the specific non point violation code sections are, you aren't in a position to do this yourself. Get an attorney.

Posted

The only traffic infractions that do not carry a point that I am aware of are seat belt and cell phone violations.

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Posted

You will have to speak to the police officer prior to your hearing and ask if he/she can reduce it to "disobeying signs" or similar. However, if you are not an attorney, they will ignore this request and you will lose. You will need an attorney to represent you.

Edward Ramsey, Esq.
866-999-6640

ATTORNEY DISCLAIMER TO THE ABOVE ANSWER: The information that I have provided to you is for general information purposes only and shall not be construed as legal advice for your individual circumstance. This information is not intended to create an attorney-client relationship and you should consult with an attorney in your State directly so that the attorney has the full facts, documents, and an account from other witnesses that help support your contentions. If you like my comment, please click on the thumbs-up link below.

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3 comments

Asker

Posted

Should I contact the officer directly through the local PD? It go through the court.

Chris J Feasel

Chris J Feasel

Posted

NO!!! Do not contact the officer. That will NOT do you any good.

Hadi Edward Ramsey

Hadi Edward Ramsey

Posted

Contacting an officer as a civilian is a waste and will put you in an awkward position. It will not work anyway. Attorneys informally converse with officers minutes prior to a scheduled hearing all the time and depending on the attorney, officers are generally cooperative.

Posted

How do you reduce it? Get an attorney to negotiate it. I handle traffic cases in Contra Costa County - feel free to contact my office for a free consultation to discuss your case.

Mr. Feasel is a former Deputy DA in the SF Bay Area with over 10 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney/client relationship. If you would like to hire Mr. Feasel to further investigate your situation, feel free to contact him thru this site.

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2 comments

Asker

Posted

Thank you Chris, but like I said, Im a bit crunched on finances and cannot afford to hire an attorney. I was hoping to be able to just show up to court and represent myself and present my argument.

Chris J Feasel

Chris J Feasel

Posted

You can if you want, but you as a lay person don't have the training or experience in court to make an effective argument (my opinion only, I don't know you, but my experience watching people in court flail about trying to make their arguments). You don't know if you can or can't afford an attorney unless you talk with one. I offer free consultations with no pressure and no hassle. If you have the time, give me a call - won't cost you a dime.

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