Questions answered by Michael J Silveira

Archived

VC-23760A-I clarification

Michael's answer | Answered on October 28, 2012

You received a valid citation. The child needs to be secured in a proper child seat. I would recommend fighting this ticket with the help of a...

Archived

I've pleaded Not Guilty in traffic court and wonder if I change it to Guilty and just play the fine before the court date?

Michael's answer | Answered on October 28, 2012

You can contact the court clerk's office and pay it. Or you could add yourself to the court calendar and ask for a fine reduction. If you are...

Archived

Can a person be sentence to serve jail time for getting a second misdemeanor for not having a license (12500a)?

Michael's answer | Answered on October 28, 2012

Unlikely, but will vary from county to county. If your case is filed in traffic court it is extremely unlikely. If it is filed in criminal court,...

Archived

What are my options for my case?

Michael's answer | Answered on October 28, 2012

I agree with my colleague. Hire an attorney and obtain your driver license.

Archived

Can a case get thrown out of court for a mistake on a citation?

Michael's answer | Answered on October 28, 2012

For an error of that nature, unfortunately no. There are certain items, or lack thereof, on the face of a citation that may lead to a dismissal...

Archived

Informal probation (Reckless Driving) and driving after a drink

Michael's answer | Answered on October 25, 2012

If it was a condition of your probation to not drive with any measurable amount, and it generally is in wet reckless convictions, then you can't...

Archived

Do I need a traffic attorney for this?

Michael's answer | Answered on October 25, 2012

If this ticket is placing a hold on your driver license, then pay it. It may not be holding up your license though. Also, you may want to check...

Archived

What assistance can a traffic lawyer offer prior to the submission of the Trial By Declaration for a traffic violation?

Michael's answer | Answered on October 25, 2012

I don't recommend a TBD for a red light camera violation. I routinely handle red light tickets in Oakland and have had success obtaining...

Archived

What can a traffic lawyer prior to the submission of the Trial By Declaration for a traffic violation?

Michael's answer | Answered on October 25, 2012

I don't recommend a TBD for a red light camera violation. I routinely handle red light tickets in Oakland and have had success obtaining...

Archived

Failure to make a complete stop at a red light before making right hand turn...How can I fight this?

Michael's answer | Answered on October 25, 2012

A trial by declaration is usually a good option. If you lose it, you can still file a trial de novo and have an in-person trial with a judge. You...

Michael J Silveira's Answers (435)

VC-23760A-I clarification

I've pleaded Not Guilty in traffic court and wonder if I change it to Guilty and just play the fine before the court date?

Can a person be sentence to serve jail time for getting a second misdemeanor for not having a license (12500a)?

What are my options for my case?

Can a case get thrown out of court for a mistake on a citation?

Informal probation (Reckless Driving) and driving after a drink

Do I need a traffic attorney for this?

What assistance can a traffic lawyer offer prior to the submission of the Trial By Declaration for a traffic violation?

What can a traffic lawyer prior to the submission of the Trial By Declaration for a traffic violation?

Failure to make a complete stop at a red light before making right hand turn...How can I fight this?