Category: TRAFFIC LAW

Everyone knows that speeding or running a red light or stop sign can result in being pulled over and given a traffic ticket for your momentary lapse in judgment. But did you know there are literally hundreds of California Vehicle Code sections you can violate every single time you get in your car? And some, even, that you don’t even require you to be driving? Here is some information on the most common accident and insurance traffic violations.

Proof of insurance

You are required to carry proof that the vehicle you are driving is insured. Anytime you are questioned by an officer for proof of insurance, you must produce it or you may be cited. However, an officer may not pull you over simply for the purpose of asking if you are insured. There are two ways to be cited for breaking this law:

• If you have insurance but no proof – If you actually do have insurance but merely weren’t carrying the card with you when you were pulled over, this is relatively easy to have dismissed by giving a copy of your current insurance policy or card to the court clerk. Don’t forget to do this, however, as failing to provide proof of insurance is punishable by a fine of over $1,700!
• If you didn’t have insurance when you were cited – If you are cited for violating this section and you simply do not have insurance, you have a big problem. Fines are extremely expensive for this infraction and if you have no proof that you do have insurance, there is not much you can do. However, if the vehicle you are driving is insured by someone else, such as your employer, it is possible to get this sort of violation dismissed. Never give wrong information to an officer about your insurance. This crime is a misdemeanor and is punishable by an even larger fine and up to five days in jail.

Mandatory Reporting of Certain Accidents

In any accident involving personal injury or damage of at least $750, all drivers must file an accident report and provide evidence of insurance. Failing to do so can result in the suspension of your license for one year. In fact, even if you are driving someone else’s vehicle, you must comply with this section.

Exchange of Information at Accidents

Even if the accident in which you were involved is very minor and less than $750 worth of damage is involved, you are still required by law to exchange information with other drivers involved. If you fail to disclose your name, address, driver’s license number, vehicle identification number, or insurance information, you can be found guilty of an infraction with another hefty fine. However, it is important to realize that this violation must be proved beyond a reasonable doubt.

If you’ve been cited for one of the many violations dealing with accidents and insurance, it could end up costing you thousands of dollars in fines, an increase in your car insurance premiums, and even a suspension of your license. With a skilled criminal defense attorney experienced in defending traffic tickets, like those at Wallin & Klarich, however, you can fight your traffic ticket and win. Often, these sorts of tickets can be reduced to much less expensive violations or even completely dismissed.

A new study was published recently showing that states with legalized medical marijuana actually have fewer fatal auto accidents. It appears that this may be because marijuana users often substitute the drug in lieu of drinking alcohol.

At this point in time 16 states and the District of Columbia have legalized medical marijuana for various debilitating conditions. In the study the years 1992-2009 government data were used looking at traffic deaths in the 13 states that have passed medical marijuana and put in place legalization laws during those years. The data was obtained from the national household survey on drug use along with the national Highway traffic safety administration.

Interestingly, when looking at traffic deaths over that time, in the states who have medical marijuana legalized versus those that didn’t, the study found that fatalities in car wrecks dropped by 9% in those states with legal marijuana for medicinal use. In looking further at the data the decrease was attributed largely to a reduction in drunk driving. In those states that have legalized medical marijuana rate of fatalities from car crashes due to our call dropped by 12% in crashes with high levels of alcohol drinking dropped by 14%.

The authors of the study noted that the overall reduction in traffic fatalities was similar to that seen when the minimum drinking age in the US was raised to 21. Traffic fatalities are the leading cause of death among Americans between the ages of 5 and 34. So this data is especially intriguing in light of that as a significant amount of medical marijuana users are in the upper echelon of that age range.

In line with other studies the researchers also found that there was no increase in marijuana consumption by teenagers in states that legalized marijuana for medical use. One of the important things to come out of study is it shows that driving under the influence of marijuana is much safer than driving inebriated on alcohol. It is unclear if driving while stoned leads to impairment, however, driving under the influence of alcohol has definitely been shown to significantly deteriorate driving skills.

Being under the influence of alcohol at times increases recklessness and creates a false sense of confidence. When people are stoned they often realize it and don’t have these issues. More marijuana smokers are likely to do so at home or in a private setting rather than out at a public event.

A road traffic accident is an accident involving one or more vehicles on a public roadway. Although the most common type of vehicle involved in this kind of accident are cars and other motor vehicles, bicycles, animal powered vehicles, and pedestrians might also be involved. Injuries resulting from a road traffic accident can be severe and sometimes fatal. The average American will be involved in at least two road traffic accidents in their lifetime. Children and the elderly are in the most danger during a road traffic accident.

If you are involved in a road traffic accident, you are required to stop your vehicle and offer assistance to any others involved. Although moving off the road is advisable, in many states it is illegal to move the car from the scene of the accident. In many cases if there are no injuries and the cars can still be driven, law enforcement will not report to the scene of the crime, and you will be required to exchange information and report the incident to your insurance company yourself. When taking information, be sure to take the driver’s license number, the name, the address, the telephone number, and the license plate number from the other driver. Also make sure you take their insurance information as well. Never admit fault immediately following an accident, as it could cause you to be named as the guilty party when you are not.

Defensive driving and being aware of the road are the best tools to prevent an accident, but if you are involved in one, knowing what to do afterwards could save you lots of valuable time and money.

Have you ever received a ticket while decelerating after passing a vehicle on the highway?

The province of Quebec issues a staggering amount of traffic tickets to its drivers. In 2008-2009, police issued an average of 825,000 tickets. In 2007 over one million tickets were issued. The majority of tickets and demerit points issued in Quebec are for speeding. Male drivers are more likely to receive traffic fines and make up nearly 73% of all drivers to receive tickets. Some of these drivers may have obviously deserved a ticket, but again, drivers can be caught off guard, accused unfairly and receive an unjustified fine.

In 2008-2009 nearly 10,500 sanctions were imposed for accumulating 15 demerit points. During the same years, nearly 19,000 sanctions were imposed for accumulating 4 demerit points. This can mean losing your driver’s license for 3 to 12 months. In many cases, losing the ability to drive can also mean losing a job. When searching for legal representation make sure your agent/lawyer has an excellent track record for getting traffic fines dismissed or reduced and retaining a clean driving record. Further more, make sure your firm consists of experienced lawyers that appear in court on your behalf and in most cases save you the hassle of appearing in court as well as saving you hundreds of dollars in traffic fines and demerit points.

Should you attend traffic court to contest a ticket? In the majority of cases, you don’t have to. Most clients are looking for a withdrawal of the charge or a plea for a lesser charge. That may often be done without going to Court. In other cases, your representative may have no other choice but to go to trial, in which case your presence will be required.

Demerit points are entered on the record of drivers who commit certain offences under the Highway Safety Code or under a municipal by-law, provincial or federal statute or regulation concerning road safety. Here are some offences:

• Driving at a speed too great for weather or road conditions – 2
• Tailgating – 2
• Accelerating when being passed – 2
• Passing a bicycle too closely in a travel lane – 2
• Failure to yield to pedestrians and cyclists at an intersection – 2
• Failure to yield to oncoming traffic – 2
• Sudden braking without cause – 2
• Failure to stop before turning right at a red traffic light (where permitted) -3
• Failure to wear a seat belt – 3
• Failure to wear a helmet (motorcycles, mopeds & motorized scooters) – 3

Fortunately your are not alone in the fight to your traffic ticket.  law firm representing clients charged with traffic violations and criminal charges related to driving, who wish to keep their good driving record and low insurance premiums. We provide effective and affordable legal services to all residents and non-residents of the Province of Quebec, Ontario and the state of New York.