I received a Notice of Traffic Violation code CC 21453 ( C ) ( 1 ) and I was wondering if I should fight it ?

Asked 4 months ago - Bakersfield, CA

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The problem being is that I am on Felony probation and there was a victim in the case in which I am not allowed to have contact with. He was in the car with me. He is blocked out in the photo I was sent. The only person you can see is me. Now if I fight this can the courts use it against me as a probation violation? Or can the cops even find out who is in the passenger seat?

Attorney answers (4)

  1. Licensed in CA

    Irvine Criminal Defense Attorney
    Contributor Level 19

    4

    Lawyers agree

    Answered February 27, 2013 15:43. Yes you should fight this by hiring an attorney to handle everything for you.

    Robert Driessen

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated... more
  2. Licensed in CA

    Bakersfield Criminal Defense Attorney
    Contributor Level 7

    4

    Lawyers agree

    Answered February 28, 2013 06:51. It is unlikely that the police will dig into your other problems when you've received a citation by mail for a traffic violation. I have handled many of these types of tickets in Bakersfield and in none of my cases of this nature has my client had to make a court appearance.

    You could also, if your friend/victim consents, ask the court to modify your probation so you can avoid these types of problems in the future.

    I have been practicing law in Bakersfield for ten years. I'm a partner at Campbell Whitten, Bakersfield's criminal defense law firm. Please call me and I'd be happy to speak to you in person about your case. My firm offers free consultations.

    Clayton D. Campbell
    Campbell Whitten
    (661) 334-3000
    www.campbellwhitten.com

  3. Licensed in CA

    Criminal Defense Attorney
    Contributor Level 17

    3

    Lawyers agree

    Answered February 27, 2013 15:53. Yes, you could benefit from legal assistance. But I'm curious - what is your defense? Are you going on a standard red-light-cameras-are-bogus defense? That most certainly needs an attorney's help. If you can do this without your passenger as a witness, who is going to know he was in the car?

  4. Licensed in CA

    Pro

    Santa Barbara Criminal Defense Attorney
    Contributor Level 17

    3

    Lawyers agree

    Answered February 27, 2013 21:39. It's unlikely that the passenger's identity would become much of an issue in the case, and equally unlikely that the terms of your felony probation would come into play as well. Good luck.

    Jasen Neislen

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