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I need some legal advice to fight my traffic tickets (speeding and seat belt), which I got them for the first time in my life.

Garden Grove, CA |

I am just just going to cut to the chase:
1) Is it illegal to unfasten one's seat belt when pulled over, without officer's permission? I did so because, first I was in panic second I was short of breath, and third I didn't know it was illegal to do so.

2) I am planning to fight my tickets through the written trial. Which one comes first, paying the fine or contesting tickets?

3) I was convicted of DUI 3 years ago (it was cvc 23140). What is the chance of my insurance getting cancelled? I mean I highly doubt that it will be cancelled.

4) I am definitely taking traffic school since this is my first time. And I know it will take off one point. Will the insurance company still see that I got tickets and can increase the premium?

Attorney Answers 3


  1. You strike me as a very detailed and organized person who wants an absolute clarify of your legal options with respect to the pending traffic charges. The only way to effectively address all your legal questions as you may have additional follow up questions, being a detailed and meticulous person, may be only by a personal consultation with a practicing traffic counsel in California.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com


  2. You are supposed to have your seatbelt on when you put the key in the ignition and the car in drive. You can put it on whenever you realize it is not on, but once pulled over you are going to get the ticket.
    For traffic, OC usually requires bail which is appleid when found guilty. Trial by Declaraton, bail is always required. We are happy to offer you some legal advice and assist with the TBD process. we have a 98% sucess rate for traffic infractions.
    Get legal advice.

    Feel free to contact us for a consultation. Iannelli & Associates, 949 729-3171 This answer does not constitute legal advice and no attorney client relationship is created. Every case has many facts which are different and distinctly theirs, make sure that you understand this is general information and it would be advisable to constact a competent lawyer for personal legal advice.


  3. You will save yourself a point by going to traffic school. If you fight your ticket and lose, that option is gone and that point may have an impact on your insurance rates. You can always set your case for trial, and if the officer fails to show up in court, your case will be dismissed. If the officer does show up, the judges in Orange County will usualy give you the option AGAIN for traffic school if you want to waive the trial.