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Kenneth Hallum

Kenneth Hallum

Santa Barbara's Traffic and DUI Lawyer
  • Traffic Tickets, DUI & DWI
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Summary

"I am a DUI and traffic defense attorney dedicated to the exclusive representation and defense of those charged with driving under the influence, and traffic offenses. As a former police officer for 22 years, with assignments on a DUI task force as well as a motorcycle traffic officer and accident reconstruction investigator, I've gained valuable first hand experience in the area of traffic and DUI law that enables me to best defend and represent my clients."

Practice Areas
  • Traffic Tickets
  • DUI & DWI
Fees
  • Free Consultation
  • Credit Cards Accepted
Education
University of Northern California
J.D.
Professional Associations
State Bar of California # 233026
Member
Current
Publications
Articles & Publications
10 Things They Dont Tell You about your DUI
dui805.com
Speaking Engagements
How to Fight Your Traffic Ticket, and Win!, Santa Barbara
Websites & Blogs
Website
Santa Barbara's DUI and Traffic Attorney
Website
Dedicated to DUI defense and traffic law
Legal Answers
9 Questions Answered

Q. I got pulled over for being in carpool but the officer incorrectly wrote my last name and license number?
A: You may luck out, however keep a very watchful eye. Though your identifying information is not accurate, it would take little effort to correct, and the citation could be filed and attached to you with the court. You may consider using the court website to monitor if a citation case appears in your name, and if the option exists (most courts it does) also search under the actual citation number.
Q. Failure to appear for traffic ticket in santa Maria, Ca. Due to moving to orange county. Did not receive forwarded mail.
A: Are you sure your license was suspended, or was it a hold placed? Huge difference. In either case you need to contact the court. You may have to set a payment plan or request a community service in lieu of the fine. Then contact DMV to address the suspension (if you were truly suspended), or you may be able to get the matter on calendar which would lift a hold (if it was only a hold placed), and set the matter for court trial. The starting place is the court, and determining if a hold or suspension was placed on your license, then you can determine your next step.
Q. Ticket for not stopping at a red light?
A: You may try to use what the officer wrote on the ticket against him, unfortunately this may not yield the results you hope for. Understand the ticket is merely a "notice," and "promise to appear." As a notice, it serves to inform you of the alleged violation, more specific the alleged code you violated. These codes are lengthy, and both the officers, courts, and data systems use shorthand titles of these codes; such as speeding, red light, stop sign, failure to yield, and so on. None spell out word for word the entire code; in your case 21453 CVC is the code, with many subsections. Though you may be correct that the officer did not spell out exactly limit line vs. light, it will be the officers testimony in court that will be the evidence the Judge will consider. The ticket itself is not factual evidence, it may be evidence of competency, thoroughness, accuracy and the likes bearing on the credibility of the officer, and again a shorthand description of the code will not go far on a credibility attack. Best of luck, also tread lightly on any admissions of your own as you have done here, it simply makes the Judges decision all too easy.
Q. Do I still have to pay a ticket if I can't find it online?
A: It is not uncommon for courts to be back logged on inputting citations in to their respective systems. Ultimately they (the court) have one year to address/file your citation. Most likely when you received the citation you signed a "a promise to appear on or before," a specified date. It would be in your best interest to continue to follow up with the court, the alternative is the citation gets filed unbeknownst to you, a failure to appear occurs and a Pandora's box of issues arises.Just because you cannot find it online does not mean it doesn't exist. Be prudent and diligent and do not let the citation grow out of control, follow up with the court.
Q. Speeding ticket wo insurance fine
A: Do not assume you will be facing "no insurance." The courts have no way of knowing, and if the officer did not cite you for the insurance then it is not a charge for the court to consider. The courts handle insurance a few ways. If there is no insurance, and no insurance acquired after the violation, a hefty fine of $1500-$1800 depending on the court. If there is insurance acquired after the citation (known as after-acquired) that fine is generally reduced, commonly in half. Lastly, if insurance was/is acquired that was in full effect at the time of the citation, then it becomes a proof of correction with a fee of $25-$35
Q. Do you have to stop for a pedestrian on the sidewalk waiting to cross in a marked mid-block crosswalk?
A: You may have answered your own question. If a pedestrian is not in the crosswalk, rather still on the sidewalk then there is nothing to yield to. Becomes a question of fact, the pedestrian standing on the curb at the crosswalk waiting, or the pedestrian walking down the sidewalk then stepping quickly off the curb into the crosswalk. Right of way is not absolute, as you research you should discover that, for example a runner who darts into the roadway sprinting into a crosswalk, is that runner afforded the same right of way, probably not.
Q. I got pulled over and I dont have a license. If I get it before court, do I still have to pay the fine
A: You will most likely still have to pay a fine of some sort, however having your license in hand on the day of court will help reduce these consequences. You can hope the court merely assesses the administrative fine associated with fix-it tickets, rather than any license issue fines (would save a few bucks).
Q. I received four correctable violations, two have been fixed the other two I haven't been able to because of finances?
A: You can always ask the court for an extension. If you are bi longer eligible for an extension from the clerk, set the matter for trial. At the trial, explain the circumstances to the Judge. Most Jusges will be accommodating to allow time to fix things. Just have your documents and proof of your efforts. Remember your car is still unregistered in the meantime, so be prompt and prudent getting the matter in court and fixing the problems.
Q. car towed for driving with suspended license. Was it mandatory to be towed for 30 days if suspended for unpaid tickets?
A: The 30 day hold on the vehicle is authorized by the vehicle code, specifically relating to suspended licenses. The managing authority is the law enforcement agency that towed the vehicle. That is who you would have a hearing with, the cops who ordered the tow. Experience is that if the car is in your name, early release of the car is doubtful. You can request a hearing with the police, and a compelling reason for the release of the car will be necessary, such as you sold the car, or the something similar.
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Contact & Map
3463 State St #439
Santa Barbara, CA 93105
USA
Telephone: (805) 564-3101
Fax: (805) 202-4692