dWhen you are accused of misdemeanor traffic charges, exercise your “right to remain silent,” and call us immediately at (661) 349-9300. Avoid talking to anyone until we arrive.

Primarily, traffic violations are infractions, disposed of with a fine and demerits or Negligent Operator Treatment System (NOTS) points, or misdemeanors, with a fine, NOTS points, and jail time or probation.

In some cases, a hit and run, road rage, or reckless driving with injuries or death rises to the level of a felony. 

In this blog post, we will concentrate on defining misdemeanor traffic charges and what you should do when accused of committing a misdemeanor traffic offense.

Which Offenses Are Misdemeanor Traffic Charges   

First, you can tell the difference between a traffic infraction and a misdemeanor traffic charge by looking at your ticket. When the ticketing officer has charged you with a misdemeanor, the “M” on the ticket is circled. 

If it’s an infraction, the “I” is circled.

Although some charges fall between an infraction and a misdemeanor, what is known as a “wobbler,” the judge could offer to reduce it to an infraction.

“A wobbler is a special class of crimes involving conduct that varies widely in its level of seriousness. Wobbler statutes cover a wide range of offenses that give the judge discretion to consider the lower offense.—Cornell Law School Legal Information Institute (LII) WEX Definition—Wobbler.

A misdemeanor charge is defined as:

“A misdemeanor is a type of offense punishable under criminal law. A misdemeanor is typically a crime punishable by less than 12 months in jail.”—Cornell Law School Legal Information Institute (LII) WEX Definition—Misdemeanor.

The following are typically filed by the ticketing law enforcement officer as a misdemeanor:

• Hit and run with injury
• Reckless driving
• Exhibitions of Speed
• Driving without a driver’s license
• Driving with a suspended license
• Speed contest
• Driving the wrong way on a highway
• Throwing anything at another vehicle
• Evading a peace officer 

When faced with a misdemeanor traffic ticket, the stress can be overwhelming as you contemplate your next steps. 

The repercussions of major traffic violations, such as license suspension or revocation, are significant. If you find yourself in a serious situation like driving without a valid license, seeking the counsel of a knowledgeable and experienced attorney in Kern County is crucial. 

Engaging a seasoned legal professional can markedly impact the outcome of your case. 

Bigger & Harman, APC represents individuals confronting misdemeanor traffic charges in Central and Eastern California. We are committed to providing robust defense strategies tailored to traffic offenses, dedicating our expertise and efforts to safeguarding your rights and interests.

What Are the Penalties for a Conviction for a Misdemeanor Charge

Being convicted of a misdemeanor traffic violation carries significant consequences, such as possible jail time or probation, a large fine, increased insurance rates, and a stained driving record. 

With over ten years of experience serving clients in Kern, Kings, Tulare, Fresno, Inyo, and Mono Counties, we are well-equipped to assist you. Our deep understanding of traffic court proceedings and close relationships with court staff enable us to safeguard your driving record and insurance premiums effectively.

Although each misdemeanor traffic charge is different, the judge has the discretion to fine the convicted driver to six months in county jail, a base fine of up to $1,000, or both a fine and jail time/probation. 

However, the base fine is the amount stipulated in the original traffic code written in 1959 or ’60. Since then, the CA Assembly has approved ten state and county surcharges, penalties, and assessments that will make the total three to five times the base fine. 

Likewise, most misdemeanor traffic charges allow law enforcement to impound your vehicle. In Kern County, when your vehicle is impounded, you will pay nearly $1,500 for the towing and storage fee.   

Contact Bigger & Harman for a Consultation About a Misdemeanor Traffic Charge

When accused of a misdemeanor traffic charge in Delano in Kern County, make no statement without an attorney present and contact the Bakersfield Traffic Defense Team of Bigger & Harman, APC. Give us a call at (661) 349-9300. Se habla Español (661) 349-9755.

Use the contact form to schedule a consultation, or email us at attorney@biggerharmanlaw.com.

References:

CA VC Section 20001 - 20002, (Misdemeanor Hit-and-Run with damages only), Sections 20003 and 20004, (Reporting requirements). CA VC Sections 12500 (Driving Without a License), 14601 (Driving with a Suspended or Revoked License), 23103 (Reckless Driving), 23109 (Exhibits of Speed/Speed Contests).  

The Cornell Law School LII WEX Definition—Misdemeanor/Wobbler.