How to lower a misdemeanor traffic ticket to an infraction?
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How to lower a misdemeanor traffic ticket to an infraction?
I received a traffic ticket because I forgot my license expired. The very next
business day I went to the DMV and resolved it. I needed to change my last name and address that was why I didn’t just renew. The reason the cop pulled me over is because I forgot to put my new registration tags on my car. I want this ticket to be lowered to an infraction. How do I do this?
Asked on June 21, 2018 under General Practice, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
There is no way to "lower" it without the prosecutor agreeing to reduce the charge or let you plead to a lesser charge: if you commit a given level of offense, you can be prosecuted for it even if you later "fix" the problem (getting the license renewed after the fact does not change that you lacked it at the time). The prosecutor has the discretion, or freedom, to take the circumstances or your actions into account and go for a lesser charge, but is not required to--it is up to the prosecutor's free choice. If they elect to not reduce the charge, you cannot force the legal system to do so.
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