California Laws 2016 – Dismissal of traffic tickets (CA Penal Code 1170(h))

California Laws 2016 – Dismissal of traffic tickets (CA Penal Code 1170(h))

Rabin Nabizadeh
March 4, 2016

The California state legislature enacted 807 new laws during the 2015 legislative session.

Want to get out of a traffic ticket? Well, the legislature added a new way this year. In the past, any citation or misdemeanor traffic offenses committed by a person sentenced to state prison could no longer be prosecuted.

Now, that restriction also applies to anyone sentenced to a county jail pursuant to CA Penal Code section 1170(h), which provides for so-called “realignment” county jail sentences.

So, if you have a citation or misdemeanor traffic offense pending and you get sentenced to county jail under section 1170, subdivision (h), as an alternative to being sent to prison, will be relieved of prosecution for those traffic offenses.

Felony traffic offenses are not affected by the change in the law and can still be prosecuted, even for individuals sentenced to prison or county jail under the realignment statute.

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