Process Of Fighting A Kern County Speeding Ticket

May 28, 2015

Thank you for your interest in having our Law Firm represent you in your traffic case. I know this is a difficult time for you, and we will do everything in our power to achieve the best possible result for your traffic violation charge. Most folks do not understand the benefit of hiring a lawyer to fight their ticket. I write to explain the process that applies to your traffic ticket case and how we handle it. Our fee to fight your ticket is a flat fee that covers all the time necessary to successfully resolve your citation and includes all Court appearances, including a trial if necessary.  Once we receive the completed retainer agreement and the fee we will begin working on your case


The first Court Appearance is called the arraignment. At the arraignment we appear in Court on your behalf, we typically will enter a “not guilty” plea and schedule a new Court date for a Court trial.  You do not need to be present at any stage, we handle everything for you. In some cases the Judge may require bail, however as attorneys we can often persuade the Judge that an O.R. Release is appropriate and no bail is required. Following the arraignment, we may elect to engage in plea bargain discussions with the prosecution. These discussions can often result in the charges being reduced or dismissed. If the plea-bargain is accepted, this will bring an end to the case. Typical plea-bargains include a plea to a less serious charge or a vehicle code section that may not carry points or a charge that does not result in the suspension of your driver’s license.  For example, in VC22348b cases(over 100) the law allows a Judge to suspend your license for a month or more, avoiding this suspension can often be negotiated. If the case does not settle for a plea bargain then it will proceed to a Court trial. A Court trial will generally be set out anywhere from a month to three months, depending upon which courthouse your case is assigned.

A Court trial in a traffic ticket case is like any other criminal case with the exception that there is no jury. It begins with direct examination and cross-examination of the police officer and other witnesses, closing arguments, and a verdict. If you retain our services, you will generally not be required to appear at the trial or any stage of the process .

It is important to understand that each case has its own pros and cons and we strive to achieve the best result given the specific facts and circumstances in your case.  For instance, some cases will not benefit from a full trial so we may negotiate a disposition that is most favorable in light of the possible severity of punishment that could potentially be imposed.  We guarantee to use our best efforts and experience to achieve the best result, but California law forbids any attorney from guaranteeing a result.

Is the quoted fee the only amount I will be required to pay?

The fee we quote you is the only amount you will pay us to fight the case in the trial Court, it is a flat fee to resolve your case, including a Court trial if necessary.  However, the Court may impose a fine or Court costs depending upon the outcome of the case.

The internet sites that guarantee a refund if the ticket is not dismissed do not go to trial, they do not go to court, they send in a pre-printed boilerplate paper declaration that is often rejected and the person is found guilty.  They only refund the fee, not the document processing charge, which is often a couple hundred dollars.  Bottom line, they do not negotiate because they never appear in court.  We do, in fact we go to court at least twice on your case and appear as your attorney before the Judge. We are local lawyers that have 21 years experience fighting cases in a Kern County. Remember, You get what you pay for!

We will send you a letter with the final disposition of your case once a resolution has been obtained. There is no need to contact us for updates as we will timely notify you of any outcome via email. Thank you once again for allowing us the privilege of working on your case.

I hope this letter has helped shed light on the process, and some of the issues that typically arise.

What Is The Difference Between DUI and DWI?

May 25, 2015

California makes it illegal to drive while impaired by a drug or alcohol or both.  The law also makes it a crime to drive above a certain per se limit of .08.  Either way the punishment is the same but the type of evidence used to prove these two distinct offenses can be different.

Here is an example, say a person is driving with .07 and is pulled over for weaving.  The officer says he failed FST exercises because he swayed substantially and almost fell down.  What is the crime?  He is below the legal limit so the police should just let him go correct?

Not necessarily, you see the cop will claim he was DUI or “driving under the influence” because he was impaired by the alcohol and unsafe to drive.  The law only requires that the person be impaired as to not be able to drive with the same caution characteristic of a sober person in order to convict for DUI in Kern County or any other CA jurisdiction.  The per Se level will not be charged but a jury may convict him or her of driving under the influence nonetheless.

Bruce Blythe is a DUI attorney in Bakersfield with 20 years experience fighting alcohol related crimes.  He can be reached at 661-327-7833 if you have any questions about this article or general questions about your options or information about how to hire a lawyer.