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

Bakersfield, CA |

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 3

Posted

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 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. Driessen, feel free to contact him at www.theocduiguy.com.

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Posted

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?

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4 comments

Asker

Posted

I don't know how to fight it. I honestly wasn't trying to run a red light. I'm a safe driver but the cost is insane. Thanks for your help!

Gayle Anne-Marie Gutekunst

Gayle Anne-Marie Gutekunst

Posted

I know. Traffic citations are cash cows for cities. Can you go to traffic court and ask for traffic school? If the judge won't agree, can you ask the judge to either put you on payments or somehow lower the fine in return for community service? I strongly doubt that a red-light violation will violate your felony probation, especially if it's an infraction and not a misdemeanor.

Asker

Posted

Thanks so much! You have helped a lot. I am just scared to go to court and them say someone who was in your car your not supposed to see. We're going to contact your probation officer. That's what I'm scared of.

Gayle Anne-Marie Gutekunst

Gayle Anne-Marie Gutekunst

Posted

Some counties allow you to settle your ticket online, and likewise request traffic school online. See if this county offers that option.

Posted

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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