If you’ve received a “Photo Enforcement Citation” for allegedly running a red light in Bakersfield and wish to contest the citation, or simply have the violation reduced to a “non point” offense that won’t affect your driving record and not require completion of traffic school, contact the Law Office of Joel E. Lueck today. Recent case law from around California has favored the dismissal of these citations on a number of different grounds and it is only a matter of time before Kern County Courts begin to follow suit. Whether you wish to fight your ticket all the way through an appeal if necessary, or are just looking to have the violation and fine reduced, we can help.
In communities such as Bakersfield, many people who are faced with the need to hire a criminal defense attorney mistakenly believe that retaining a “Big City” attorney from Los Angeles gives them a better chance at successfully defending themselves. Unfortunately, often times this could not be further from the truth. As a case in point, consider the circumstances of Mike R., a resident of Los Angeles who was stopped in Kern County on his way to the Bay Area. After being pulled over for DUI, Mike was also found to be in possession of Ecstasy. He was arrested and charged with Transportation of a Controlled Substance (Health & Safety Code section 11379) and DUI (Vehicle Code section 23152) among other charges. Due to the fact that he had a Strike Prior and had been sentenced to prison within the past five years, he was facing a potential sentence of 9 years in state prison. Initially, Mike was represented by an attorney from Los Angeles. That attorney represented him through the preliminary hearing stage, but in an effort to settle the case before trial, was only able to obtain an offer from the Kern County District Attorney’s Office of 4 years in prison. Realizing that a local attorney may benefit him, Mike retained the Law Office of Joel E. Lueck and today was placed on probation and sentenced to 6 MONTHS in county jail.
The point is that although every county is bound by the laws of the State of California, each county interprets and applies those laws differently. Having an attorney who practices in the community and has a proven track record of success is what those charged with crimes should look for, rather than falling prey to the mistaken belief that an attorney from Los Angeles is their best option simply based upon the location of their office.
The LA Times is reporting that a California state agency has issued an opinion causing the Police Commission to put on hold a vote to alter how the LAPD treats impounded vehicles of unlicensed drivers. Under current California law, vehicles of unlicensed drivers can be impounded, and if they are, they must remain in impound for 30 days, often costing the owner of the vehicle in excess of $1,000. LAPD Chief Charlie Beck had hoped to lessen that financial impact by allowing certain drivers to retrieve their vehicles as early as the next day following impound. However, the Police Commission now believes Beck’s plan may run afoul of state law.
The real issue here is the impact of exorbitant impound fees on undocumented residents who cannot obtain a valid California driver’s license. Many times, these residents obtain a valid driver’s license from a neighboring state, but because they reside in California, they nonetheless are in violation of California Vehicle Code Section 12500, requiring residents of California to have driver’s licenses issued by this state if they wish to drive. Furthermore, the Vehicle Code allows law enforcement to impound vehicles involved in a violation of section 12500.
Chief Beck should be applauded for attempting to address the obvious issue this creates with good drivers, who are insured, but nonetheless undocumented residents.
Former LAPD Detective Stephanie Lazarus is currently on trial for the 1986 homicide of her former boyfriend’s wife. The story of how the cold case was cracked is a case-study in police investigation and interrogation. The lesson to be learned, especially from the interrogation of Lazarus, is that interrogating officers often know answers to questions they pose to suspects and often have enough evidence for an arrest even before the questioning starts. If this is the case, their goal becomes to secure a confession, not determine the truth and they will “lie, cheat, and steal” to get it … all of which is perfectly legal.
Watch an ABC News story on the case here.
1522 18th Street STE 211
Bakersfield, CA 93301
Phone: (661) 776-JURY (5879)
- California’s Gang Enhancement Laws ExplainedMay 7, 2018 - 10:00 am
California is one of the three states in the West and North Central region of the United States that has the highest number of members who are reported to blame for 90% of crimes. Because of this, legislators have enacted tough sentencing laws in order to curb gang activities and deter gang-related crimes. These […]