Skip to main content
Richard Lewis Grant

Richard Grant’s Answers

94 total

  • How to handle 2 speeding tickets almost 2 months apart?

    I received a speeding ticket 2/19/14 for 90 in 65 which i believe was put faster than i really was going! It was like 12:30 am on a completely empty freeway. The cop was so rude and sketchy i decided to contest it and just paid the bail and now w...

    Richard’s Answer

    It is unclear from your post as to your statement"now awaiting for a reply". Did you file papers for Trial By Declaration.?? If so, keep in mind if you are found guilty you only have 20 days from the date of the decision to request a Trial De Novo from the clerk of the court. This is a trial before the judge where the officer will appear in court.
    It is most likely because of the alleged speed that a judge will find you guilty as to your Trial By Declaration.
    Due to the above and the new ticket, I would hire an experienced traffic attorney to handle both tickets.
    I would also suggest that you do not elect traffic school on any of the tickets until you first confer with an experienced traffic attorney.
    Wishing you the very best.

    See question 
  • About points currently on my driving record, and new points to be added due to a speeding ticket.

    Hi, I have some points on my driving record that will be dropped sometime next month, but I just got a speeding ticket recently for going 29 mph over the posted speed limit, which would add another 1 point to my driving record I believe. My questi...

    Richard’s Answer

    • Selected as best answer

    The DMV point will go into effect and assessed on your license after you enter a guilty plea by paying the ticket prior to trial; or at trial you are plead guilty or you are found guilty.
    I would suggest that you hire a traffic ticket attorney to assist and navigate your case through the court system and allow the prior points to expire and be removed by the DMV. You need to be concerned that you do not get a certain number of DMV points on your license where DMV will designate you as an Negligent Operator.
    Good luck with your matter.

    See question 
  • VC-23123(a) for turning off phone's radio while driving

    While driving, I had my smart phone laying under the cigarette lighter area. I never picked the phone up; I only touched it to turn off the phone's radio. This lit the screen and I was pulled over and cited with VC-23123(a). I never dialed or text...

    Richard’s Answer

    This type of violation is very fact driven. The officer's testimony at trial may be insufficient to show beyond a reasonable doubt that you violated 23123 in accordance with the statutory language.
    Suggest you fight this ticket by hiring the best traffic attorney you can afford. Also, you will need to hire a traffic attorney who regularly appears in the court your ticket is filed.
    Best of luck to you.

    See question 
  • Do I need a traffic attorney?

    I recived a ticket last Nov & went to the first court date & they didnt have me in the books & later date was set for in Jan. I then recived a fine $238. I now have recived a late fine of $563, i cant afford this. I had frogoten about the ticket,...

    Richard’s Answer

    You have two major issues regarding your license.
    An experienced traffic attorney can make a significant difference.
    You need to have the attorney go to court to remove the hold , enter your plea , and set the matter for trial. Once the hold is removed, then you should be able to renew your license. It is important to hire an attorney right away, as you are now driving on an invalid and expired license. If you are stopped, you will receive a ticket for a MISDEMEANOR DRIVING ON AN INVALID LICENSE and your vehicle may be impounded.
    As suggested, you need to contact a few of the AVVO Traffic attorneys and hire one of them. Also, it is very important that you hire a traffic attorney who regularly appears in the court where your initial ticket was filed. This will also make a difference in the outcome of your matter.
    Best of luck to you.

    See question 
  • In need of California criminal defense attorney specializing in expungment

    I live in north las Vegas nv. I need a criminal defense lawyer that specializes in expungment in California that can offer their services for a reasonable fee for multiple criminal charges in particular theft, burglary and dui. I need someone that...

    Richard’s Answer

    If your convictions were misdemeanors, your attorney should be able to have your motion heard without you being required to be in court. Suggest you contact a few of the AVVO attorneys which most provide a free consultation and reasonable prices as well as payment plans.
    Further, I would suggest that you interview criminal defense attorneys who regularly appear at the Newport Beach Court on Expungement Motions
    Best of luck to you.

    See question 
  • Do I need an attorney?

    I'm 17 and I shoplifted almost $150 worth of items. It was really dumb and my family recently underwent financial struggles and I didn't want to ask my dad for his money to pay for stupid things. And.. I don't know what will happen to me. I have t...

    Richard’s Answer

    The Orange County Court and the Orange District Attorney employ a Dismissal Program commonly referred to as Deferred Entry of Judgment. With minor crimes such as a Misdemeanor Petty Theft, if you are eligible, you will be allowed to obtain a dismissal upon taking a class and being on Probation for 90 days. I have obtained this result for prior clients. It is a great program.
    First, i would suggest you immediately advise your parents of this incident, Next you and your parents need to consult and hire an experienced Juvenile Defense Attorney. Most AVVO attorneys provide free case reviews and permit payment arrangements on attorney's fees.
    One of your parents will have to appear with you and your attorney at court appearances.
    What is now important is that you and your parents take this opportunity to best protect you for now and in the future.
    Wishing you the very best.

    See question 
  • Harasing my EX Landlord??

    Never late on rent 16 years +,lost lease,due to City inspecton after heavy rain,(saw major damage inside my suite) landlord said I ratted him out?Refused to renew lease,15 people lost their jobs:(I lost great Biz:( Forward 1 year...Ex land...

    Richard’s Answer

    My fellow attorneys have given you excellent suggestions,
    I would also suggest that you consult and hire an attorney or request a Public Defender in the Newport Beach Court. It is very important to work with an attorney who regularly appears in the court where your case is filed. I would not recommend you representing yourself where it appears there is a criminal complaint filed.
    Most of the AVVO attorneys provide a free case review and offer payment arrangements. You need to confer with a criminal defense attorney right away.
    Wishing you the best.

    See question 
  • What can post conviction relief do?

    What can post conviction do for healthcare providers? Does it remove the conviction from your record. Does it show employers that you don't have a conviction when they do a background check. After having an expungement. Does post conviction allow ...

    Richard’s Answer

    There has been much discussion of late on AVVO regarding Post Conviction Relief and its effect on one's employment and application for Citizenship.
    Under Penal Code 1203.4, certain criminal convictions may be expunged and court records change from a conviction to a dismissal. The effect is that one will not have to disclose the prior conviction, with a few exceptions. It is always recommended that a prior conviction be expunged.
    As for Application for Citizenship, the Post Conviction will not prevent disclosure of the prior conviction.
    Under California Law, there is not a complete removal of the prior court record, the only benefit is receiving a Dismissal and having the Dismissal reflected in the court records.
    Suggest that you speak to an AVVO listed attorney regarding expungement and immigration issues.

    See question 
  • Written Declaration

    I got a ticket. There are two prices. One is $300 for the ticket and one is $350 for traffic school. If I wanted to written declaration, what do I have to pay? What form do I send?

    Richard’s Answer

    This is the down side of Trial By Declaration (TBD) that you have to pay the ticket bail, $350, in advance in order to file Trial By Declaration.
    The other downside is the TBD are rarely granted by the court in favor of the Defendant.
    Best to use your resources to hire an attorney and fight the ticket. It is always best to have the assistance of an attorney, as what you state in the TBD can be used against you in a Trial De Novo should you lose the TBD.
    Good luck and hire the best traffic attorney you can afford, as the outcome of your case can effect your license and your insurance rates.

    See question 
  • If you turn left on green, but it turns yellow while you are in the intersection, will you get a red light ticket?

    I am naive about how red light ticket cameras work. I came to a complete stop at Katella and Bloomsfield to make a left hand turn. The light was red as I came to a complete stop. I was the first and only car to make a left. It turned green, and i ...

    Richard’s Answer

    You should be okay if the light remained yellow while you went through the light. If you do get a ticket, you should hire an attorney as the light may be set to turn to red too quickly, less than 3 seconds.

    See question