Red Light Cameras Going Strong (Oxnard & Ventura).....

When I first moved to Oxnard, the first thing I noticed were the red light cameras. I thought most places got rid of these things! Nope, contrary to popular belief, red light cameras are still up and running, at least for Oxnard and Ventura. I called a local officer, who confirmed that they (police officers) still go to court for these tickets (and they go to court alot). FYI, tickets are $480 a pop. OUCH!

You probably are aware of this site: http://highwayrobbery.net/ which has all kinds of info (even more than I can comprehend). Many counties have shut down or have plans to close out their camera programs. During my search on the internet, articles leaned either way as to whether the cameras are or aren't getting phased out in Oxnard & Ventura. I was wondering if I'll see something regarding the cameras on the ballots this past election, but I didn't. So, there's no real answer if the cameras are here to stay or not. Once in a while I do see the maintenance people fixing the cameras, so perhaps they are here to stay a little longer.

Between my home and my office I probably pass 3 of these camera intersections. I also pass another one or two on the way to the gym. So, if you live in Oxnard, most likely you cross at least one of these intersections when you head out anywhere. Sadly, we still have to deal with these things, at least for now.

Here are the locations of red light cameras in Oxnard:

Rose & Gonzales
Rose & E. 1st
Victoria & Channel Island Blvd
W. 5th & Ventura
Saviers & Channel Island Blvd

Update: I've gotten a few inquiries re red light tickets, and I thought it'll be easier if I just published my contact information here. If you have a red light camera ticket for Ventura Courthouse, and you would like me to defend your ticket for you, please call me at 805-517-4LAW.

Red light camera sitting pretty.

I am an attorney in Ventura, California, and I do handle traffic and DUI cases.  I defend red light camera tickets (Oxnard or Ventura). See my case results here: http://lincharlotte.com/traffic-case-results/. 
If you need help with your upcoming traffic or DUI case, please contact me at 805-517-4LAW or 805-517-4529, or email me at attorneycharlottelin@gmail.com. Please visit my new website at www.lincharlotte.com for new traffic and DUI legal information. 

Why hire a lawyer to defend a traffic ticket?

People ask all the time (attorneys and non-attorneys)… why hire an attorney to fight a traffic ticket?

People generally associate attorneys and lawyers with a high price tag (i.e., in the thousands of dollars). So most people don’t think about hiring an attorney for a traffic ticket (the ticket is just a couple hundred bucks, right?).

As many of you know, tickets are getting more and more expensive these days, perhaps exponentially more expensive. Just two years ago, I received a ticket (minor infraction) for over $500! (Imagine that on my law school budget!) Had I known 2 years ago what I know now, I would never have paid the ticket. All I was thinking was the headache it will take to go to court and take time off school (and during finals too). I did try the "trial by declaration", but that didn't work.

You probably are thinking that an attorney will cost you hundred or thousands of dollars (most people think "retainer"). However, there are attorneys who specialize in handling traffic tickets at very affordable fees, and sometimes even flat fees. 

A traffic attorney can potentially help you with three things: save time, save money, and be your best friend through the court system. 

1. Time Saving

If you decide to fight the ticket, you will have to go to court a few times. Keep in mind, you will most likely have to take time off work or school in order to go to court. When you go to court, you first have to wait outside in a long line before the courthouse is open, then you have to sit in the courtroom and wait your turn to be called. I remember in Chatsworth they make you listen to a long video while you are waiting too. Also, there will be TWO times you will have to go to court. First, you have to go to the arraignment (where you plea guilty, no contest, or not guilty; and you get a trial date; no opportunity to talk about your case here, and the officer will not be there). Then, you will have to go to your court trial. In both instances, you will have to wait your turn. How long you are in court will depend on how many people are there that day for a ticket.

2. Cost Saving
When you are thinking of hiring an attorney for a traffic ticket violation, you need to think about the cost-benefit analysis.


You have to weigh the value of the ticket and the cost of hiring an attorney. A red light camera ticket is usually $480. If you decide to fight this yourself, you will most likely have to post bail ($480). You will have to post bail for other traffic violations as well. The benefit of hiring an attorney is that you don't have to post the bail (why? because the court trusts the attorney to show up on your trial date on your behalf without a bail). It is especially worth it to hire an attorney if you are cited for a very high fine.

So, already you are saving the two trips it would've taken you to go to court, plus it'll save you on the bail you would've had to pay up front. 

3. Legal help

Attorneys spent years in school learning about laws and legal procedures. All this applies to traffic law and traffic court. The standard in a traffic trial is the same as in any other criminal trial. An attorney will argue that the court cannot convict you beyond a reasonable doubt, the same way an attorney will argue to a criminal court for a criminal trial.  An attorney can research the statute, introduce evidence, cross examine the officer, make an argument to the court, etc. Also, an attorney can help negotiate for a reduction of the violation, or they can help argue to the judge for a reduced fine. Also, if this ticket will increase your insurance premium, an attorney can strategically help you schedule a trial date to avoid that from happening.

An attorney can help you with a traffic ticket, and it may be beneficial for you to hire one to do so. The benefits are: the time saved, money saved (the best scenario is if ticket gets dismissed entirely), and the headache you will have saved.

Contrary to popular belief, officers do show up to court!

I am an attorney in Ventura, California, and I do handle traffic and DUI cases. See my case results here: http://lincharlotte.com/traffic-case-results/. 
If you need help with your upcoming traffic or DUI case, please contact me at 805-517-4LAW or 805-517-4529, or email me at attorneycharlottelin@gmail.com. Please visit my new website at www.lincharlotte.com for new traffic and DUI legal information. 

Big Headaches? Try...Small Claims

Last month, I consulted two people about their Small Claims matters. Small Claims is a great way for people to go to court for everyday problems (like unpaid bills) without having to hire an attorney or even know a great deal about the law. So, I thought this would be a good opportunity to blog about Small Claims court.

Small Claims is a way for people to bring their case to court in front of a real life judge. You are not allowed to have a lawyer represent you in Small Claims court (but you are allowed to consult a lawyer outside of court about strategies, whether you have a case, your chances of collecting, etc.) This could be good for you because you are not going up against another lawyer in Small Claims court (unless in the rare situation where you are taking a lawyer to court for unpaid bills or some other small claims matter). 

So what can you use Small Claims for?

A case where it is not economically feasible to hire a lawyer. One person I talked to had all the facts in her favor, but the amount of money she was looking for simply does not make economic sense to hire an attorney. Other examples include: if someone owes you money (like an unpaid bill), if you bought a product and it doesn't work and the person you bought it from refuse to give you back your money, if you signed a contract with someone to perform some service and they didn't do it and they refuse to give you back your money.

Some things to consider...

• Make sure you qualify for Small Claims based on the amount you are claiming. 
• If you are the one initiating the Small Claims suit (you are the Plaintiff), know that you are foregoing your right to take this to superior court later on if you lose in Small Claims (in general, you cannot appeal if you don't like the outcome of your Small Claims).
• On the flip side, if you are the defending party (the Defendant), you do have a right to appeal. If you appeal, you will be taking your case to superior court, where you can have a lawyer represent you if you wish (the other side can do the same as well). 
• Venue: Figure out which court or county to file your claim first. Venue is based on different factors. If you filed in the wrong court, your case may be dismissed, unless all the defendants showed up and agreed that the court can hear the case. 
• Make a "demand" first. One of the requirements of Small Claims is that you have to make a demand first, and the other side has to refuse to your demand. This can be as simple as a phone call to the other side, and them saying no. 
• Write a brief summary. While you don't have to write legal laws and motion, you do have to write a summary of what happened. You have limited space on your Small Claims application, so be concise in what you write and make sure you put all your strongest points across. 
• Winning does not mean "Money In Your Pocket". There is a difference between winning your Small Claims case and getting the actual payment (AKA, cash). So, unfortunately, even if the judge rules in your favor, that doesn't mean you are getting the cash from the other side right away. The court will not collect for you nor will they act as a collection agency. Collections can be complicated (time consuming and maybe costly) and is a whole other separate discussion. Also, you cannot collect any money or take any action on your judgment until the time for appeal ends or until the appeal is decided, so that you may be waiting a long time for your money. 

Finally, think about how much it will cost overall before you go to Small Claims. When you tally everything up, you might consider that it is not worth the stress and headache to go to Small Claims for, lets say, $150. Consider these:

• Filing Fee
• Fees range between $30-$100 for Ventura County just to file
• Service on Defendant
• There is a $10 fee to serve EACH defendant if you choose to do mail service. If you are suing multiple defendants, you will pay for each additional service. 
• You can also use a law officer or a process server, but these options will also incur a fee.
• Collecting judgement: Any fees associated with collecting the judgment
• Taking time off work & driving to court: You will be going to court, so you will have to take time off from work or school. You will also have to drive to the proper venue for your case. 

But, I don't want to be discouraging. If you feel that you are owed a good amount of money, and you cannot afford an attorney or don't feel that it is worth the claim amount to pay for an attorney, then Small Claims may be a great avenue for you.

The information above is based on Small Claims Court of Ventura County, CA. The rules in your specific county and state may be different. Always consult an attorney in your area if you are unsure of the local rules.