Question on CA Law
12-07-2003, 06:51 PM
#1
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Question on CA Law
Just wondering if anybody is familiar with this CA law...
Traffic School Attendance
41501. The court may order a continuance of a proceeding against a person, who receives a notice to appear in court for a violation of any statute relating to the safe operation of a vehicle, in consideration for attendance at a licensed school for traffic violators, a licensed driving school, or any other court-approved program of driving instruction, and, after that attendance, the court may dismiss the complaint under the following conditions:
(a) If the offense is alleged to have been committed within 12 months of another offense that was dismissed under this section, the court may order the continuance and, after the attendance, dismiss the complaint. The court may order attendance at a licensed school for traffic violators that offers a program of at least 12 hours of instruction.
(b) If the offense is not alleged to have occurred within 18 months of another offense that was dismissed under this section, the court may order the continuance and, after the attendance, dismiss the complaint if the attendance is at any of the types of schools or programs that the court directed pursuant to Section 42005 at the time of ordering the continuance.
Basically, a few weeks ago I was pulled over for going wrong way on a 1-way street. It was dark out and I missed the sign saying "do not enter". Either way, I paid the fine and I asked for the Traffic SChool option. Now I havent' even gone to Traffic School yet, but I registered online and I have to turn in the certification by February 2004. Now yesterday I got pulled over for speeding 80 in a 65 zone.
What are my chances that I will be able to go to traffic school for the second violation (so it doesn't end up on the DMV record). I don't really care about paying the fines, but I dont want the point added to my record.
Traffic School Attendance
41501. The court may order a continuance of a proceeding against a person, who receives a notice to appear in court for a violation of any statute relating to the safe operation of a vehicle, in consideration for attendance at a licensed school for traffic violators, a licensed driving school, or any other court-approved program of driving instruction, and, after that attendance, the court may dismiss the complaint under the following conditions:
(a) If the offense is alleged to have been committed within 12 months of another offense that was dismissed under this section, the court may order the continuance and, after the attendance, dismiss the complaint. The court may order attendance at a licensed school for traffic violators that offers a program of at least 12 hours of instruction.
(b) If the offense is not alleged to have occurred within 18 months of another offense that was dismissed under this section, the court may order the continuance and, after the attendance, dismiss the complaint if the attendance is at any of the types of schools or programs that the court directed pursuant to Section 42005 at the time of ordering the continuance.
Basically, a few weeks ago I was pulled over for going wrong way on a 1-way street. It was dark out and I missed the sign saying "do not enter". Either way, I paid the fine and I asked for the Traffic SChool option. Now I havent' even gone to Traffic School yet, but I registered online and I have to turn in the certification by February 2004. Now yesterday I got pulled over for speeding 80 in a 65 zone.
What are my chances that I will be able to go to traffic school for the second violation (so it doesn't end up on the DMV record). I don't really care about paying the fines, but I dont want the point added to my record.
12-08-2003, 05:32 PM
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It depends. You can only attend every 18 months for certain violations, and it will wipe 1 point off of your record. You won't be able to get traffic school for both violations.
12-08-2003, 05:49 PM
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just fight the 2nd ticket because you will not be able to go to traffic school for the 2nd one. if you're going to fight it, do Trial by Declaration
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12-08-2003, 06:35 PM
#6
Apathy Kills
Originally posted by sushiman
doesn't part (a) say that the court can allow you to attend traffic school for a second violation though?
doesn't part (a) say that the court can allow you to attend traffic school for a second violation though?
So the speeding ticket will be going on your record, and more than likely...the insurance agency will raise your rates.
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12-10-2003, 10:59 AM
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Originally posted by NorCal DC4
Only if the prior violation citation was DISMISSED. If your first citation isn't thrown out, then you've used up your privilege to go to traffic school for the next 18 months.
So the speeding ticket will be going on your record, and more than likely...the insurance agency will raise your rates.
Only if the prior violation citation was DISMISSED. If your first citation isn't thrown out, then you've used up your privilege to go to traffic school for the next 18 months.
So the speeding ticket will be going on your record, and more than likely...the insurance agency will raise your rates.
oh yea and are there any differences between local PD and CHP officers giving you citations?
12-10-2003, 12:55 PM
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no dismissed means court said you don't have to pay or go to traffic school
don't bother trying to come up with your own interpretation, the judge will most likely get pissed and throw the book at you.
and there is no diff. between local or chp. citation is a citation.
don't bother trying to come up with your own interpretation, the judge will most likely get pissed and throw the book at you.
and there is no diff. between local or chp. citation is a citation.
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