Los Angeles Infractions Lawyer
When police issue a citation instead of making an arrest, many Angelenos breathe a sigh of relief. After all, an infraction is the lowest level violation in California, below a misdemeanor or felony, and it never carries jail time. But an infraction is still a criminal offense under California law. A conviction can stain an otherwise clean record, trigger a snowball of unexpected financial penalties, add points to your driving record, and in some situations, escalate into a misdemeanor if you do not respond appropriately. Consulting a knowledgeable Los Angeles infractions lawyer can help you avoid long-term consequences and protect your record.
At The Kraut Law Group Criminal & DUI Lawyers, Inc., we treat every case with the same meticulous preparation, whether it is a speeding ticket or a complex white-collar fraud indictment, because we have seen how "little things" can grow into big problems when they are ignored. Our approach is grounded in a deep understanding of the Los Angeles criminal process, ensuring that no detail is overlooked at any stage of your defense.
What Is an Infraction in California and Why Should You Care?Under Penal Code § 19.6, an infraction is an offense punishable only by a fine (no more than $250 for most penal-code infractions), plus assessments and fees. Penal Code § 19.7 clarifies that a person charged with a violation does not have a right to a jury trial or court-appointed counsel, although you may retain private counsel. The most common infractions arise under the Vehicle Code, including speeding, use of red-light cameras, cell phone use, and expired registration. Still, city and county ordinances (for example, those related to noise) and specific state statutes (such as Business & Professions Code § 25658.5, which pertains to minor possession of alcohol in limited circumstances) are also prosecuted as infractions.
California makes a clear hierarchy of offenses:
- Infractions: fine-only offenses; no jail, no probation.
- Misdemeanors: punishable by up to one year in county jail and/or a fine up to $1,000 (higher for specific statutes).
- Felonies: punishable by state prison exposure, which can result in life sentences.
Because infractions do not threaten liberty, the state provides streamlined procedures, including written declarations, traffic school options, and walk-in clerk windows. Those efficiencies save the court system money, but they also make it easier for defendants to “sleepwalk” into an avoidable conviction. An infractions lawyer can help navigate these procedures and avoid such outcomes.
Consequences of Infractions: Hidden Costs, DMV Points, and More- Hidden Costs. The base fine printed on your citation is only the beginning. State and county assessments ("penalty assessments," "DNA fees," "night-court fees," and more) often raise the amount owed by 300–500 %. A $35 stop-sign ticket regularly costs over $200 by the time you leave the cashier.
- DMV Consequences. For moving violations, the DMV assigns one point (two for more serious infractions, such as speeding 100 mph or greater, as specified in Vehicle Code § 22348(b)). Points stay on your record for 36 months and can trigger license suspension (four points in 12 months) or sharp insurance hikes.
- Employment & Licensing. Many employers, especially rideshare platforms, commercial trucking companies, and government contractors, run routine DMV pulls. A history littered with speeding or cell-phone violations can derail a job application or professional license renewal.
- Failure to Appear Turns It Into a Crime. Ignoring the citation is itself a misdemeanor under the Vehicle Code § 40508(a) or Penal Code § 853.7. A routine ticket can suddenly carry jail exposure, a bench warrant, and a suspended driver’s license.
- Court Resources Are Limited, Errors Happen. Officers occasionally cite the wrong code section, omit required elements, or mis-measure distances with radar. If you simply pay the fine, you waive valuable defenses.
- Speeding (Veh. Code §§ 22350, 22348). Basic and maximum speed violations, including freeway enforcement by CHP using LIDAR.
- Red-Light Cameras & Automated Enforcement (Veh. Code § 21455.5).
- Cell-Phone / Handheld Device Use (Veh. Code § 23123.5). A second conviction within 36 months now results in an additional point under the 2021 changes to AB 47.
- Failure to Provide Proof of Insurance (Veh. Code § 16028(a)). Dismissible on proof, but still costly if mishandled.
- Jaywalking (Veh. Code § 21955). Now decriminalized mainly by the 2023 “Freedom to Walk” Act (AB 2147), but tickets issued before January 1, 2023, still appear in the system.
- L.A. Municipal Code Noise or Curfew Violations.
- Citation Issued. The officer must list the correct name, date, statute, and sign under penalty of perjury. Errors can invalidate the ticket.
- Notice to Appear. The bottom of the ticket shows a due date, usually 30–45 days out, by which you must post bail (the fine) or appear.
- Arraignment / Clerk Resolution. You can plead guilty, no contest, or not guilty; you may also request Trial by Written Declaration for most Vehicle Code infractions.
- Discovery & Investigation. Even in infractions, the prosecution must provide evidence, such as radar calibration logs and intersection photographs, upon request under Brady v. Maryland (1963) and Penal Code § 1054.
- Contested Hearing or Written Declaration. The citing officer must testify to every element; hearsay or uncalibrated instruments are grounds for dismissal.
- Judgment & Sentencing. If found guilty, you pay assessed fines. For moving violations, you can often request traffic school to mask the point.
- Trial de Novo. If you lose a written-declaration trial, you may demand a brand-new in-person trial.
- Technical / Procedural Challenges. Improper signage, defective radar, missing calibration certificates, and out-of-court statements.
- Necessity or Emergency. Rare but viable when the violation was the lesser of two evils.
- Correctable (“Fix-It”) Violations. Providing proof of insurance, registration, or equipment repair typically results in dismissal or a $25 administrative fee.
- Traffic School & Deferred Entry of Judgment. Keeps points off your record so long as you have not attended within the last 18 months.
- Reduction to a Non-Point Violation. Negotiated resolutions, such as amending a 22350 speeding charge to Vehicle Code § 21709 (driving in a safety zone), carry no points.
If you're unsure how to proceed with your citation, an experienced Los Angeles infractions lawyer can help you evaluate your options and protect your driving record.
Clearing Infractions: Expungement, Dismissal, and Record Sealing in CaliforniaInfraction can be eligible for relief once certain conditions are met. This is often referred to as an expungement or dismissal of the case. Sealing traffic records can also help reduce insurance premiums and background-check flags. The process is paperwork-intensive, but it is entirely worth the effort if you are changing careers, applying for professional licensure, or seeking U.S. immigration benefits. An infractions lawyer can guide you through the relief process, ensuring all requirements are met and paperwork is filed correctly.
Safeguarding Your Driving Record After an Infraction- California’s DMV Acts Independently of the Courts. Even if you beat a ticket in court, certain violations (for example, commercial logbook infractions) can still trigger administrative sanctions unless you notify DMV. Our firm coordinates with the DMV Safety Unit to ensure your driver record accurately reflects the outcome.
- Commercial & Ride-Share Drivers Face Higher Stakes. A single point jeopardizes Class A/B or TNC eligibility. We routinely represent commercial haulage, Uber/Lyft, film production, and out-of-state licensees who are cited while working on location in Los Angeles.
- Experience as Both Prosecutor and Defense Counsel. Managing attorney Michael E. Kraut served 14 years as a Deputy District Attorney. He now leverages that insight to dismantle the government’s evidence, down to the calibration log.
- Harvard Law School Credentialing. Credibility with judges and prosecutors matters. Our educational pedigree underscores the firm’s commitment to scholarly, cutting-edge advocacy.
- Personalized Strategy. No two citations are identical. We dissect radar methodology, lane-survey data, and officer vantage points. When beneficial, we engage traffic-engineering experts to testify about signal timing or sensor malfunctions.
- 24/7 Accessibility. Infractions move quickly; missing a court order can forfeit your bail. Our team answers calls day and night, ensuring that problems are addressed before deadlines expire.
Q: “Do I have to appear in court if I hire your firm?”
In most infraction cases, we can make all appearances on your behalf under Vehicle Code § 40502(a)(1) and local LASC standing orders, saving you lost wages and parking headaches.
Q: “Is it worth fighting a zero-point equipment ticket?”
Sometimes. Dismissal keeps the violation off your Clue or Verisk insurance report and prevents upsell to a moving violation if another officer stops you during the correction period.
Q: “What if I already paid?”
You can still file for dismissal via Penal Code § 1203.4a (expungement) or, in limited circumstances, move to vacate judgment if you were misadvised about collateral consequences.
Q: “Can an infraction be reduced to a warning?”
Yes, particularly on first-time offenses with compelling mitigation (defective speedometer, medical emergency, new-driver status). Our infractions defense team has relationships with the City Attorney’s Alternative Prosecution Program to negotiate informal resolutions.
The sooner you involve experienced counsel, the more options remain on the table. Whether you want to contest the charge outright, negotiate a no-point amendment, or simply keep the citation from ballooning into a financial ordeal, The Kraut Law Group Criminal & DUI Lawyers, Inc. is ready to help.
Call us 24 / 7 at (888) 334-6344 or (323) 464-6453, or submit a confidential online contact form. Initial consultations are complimentary, and we will provide you with an honest assessment of costs, potential defenses, and realistic outcomes, allowing you to make an informed decision about the path forward.