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Crossing Center Line, Failure to Wear Glasses

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  • 06-24-2012, 08:25 PM
    the1theonly
    Crossing Center Line, Failure to Wear Glasses
    My question involves a traffic ticket from the state of: California
    I got all 3 violations in one ticket. A violation for crossing a double yellow line, well more like driving one the wrong lane cause i didnt see it due to it was really hard to see a light yellow line. Another violation for not having my license on me, my license is still valid. And last is not wearing my glasses when I need to wear one when driving. This is my first ticket. The issue is, when the officer give me the ticket, I asked him what I am getting charged for since i did a lot of wrong, and he said" you are getting charge for not wearing your glasses." I was relive and even asked him is that a high charge and he said no.I believed him and didnt look at my ticket, since i just wanted to leave and went home. But when I checked the ticket later, i was charged of 3 violations. And got a letter for mandatory court appearance. Im only 18 and im really scared. I called to check how much it would cost, and it 702 dollars, but the machine say it is correctable, but on my ticket none of the violation is correctable. So is the police at wrong? can I plead the judge about what the officer told me? is there any way to plead the judge to lessen the charge? can traffic school take away 3 violation since it from 1 ticket? or it can only take 1? and is not having license on you a correctable violation? Im am also confused about mandatory court appearance, is it like a trial?
  • 06-24-2012, 08:38 PM
    davidmcbeth3
    Re: 3 Violations in One Ticket, Officer Lied About What the Ticket is for
    Quote:

    Quoting the1theonly
    View Post
    Im am also confused about mandatory court appearance, is it like a trial?

    Yes, it means either a trial of you plead guilty ... the license is likely correctable...if you need glasses & you had no corrective lenses on then this would not be correctable ... the swerving of lanes, not correctable.

    And looking at your ticket would have made a difference how? Thats right, no difference. Really hard to see a yellow line? Get you vision re-checked.

    Scared? What for, no electric chair for you young man.
  • 06-24-2012, 08:45 PM
    That Guy
    Re: 3 Violations in One Ticket, Officer Lied About What the Ticket is for
    I'm not getting the part where he "lied" about anything?

    Even if he only cited you for one violation, he could change his mind and add more to it if he chooses to. And he has a full year from the date of the alleged violation to cite you for it. Even had you discovered the 3 violations at the time, there isn't much you could have done about them.

    The mandatory court appearance is so that the judge can explain the severity of your violation to you. Possibly because you have 3 violations on one citation, but no, it is not like a trial. This is still your arraignment and you'll only go to trial if you plead not guilty!

    As for your excuse that the "yellow line is faded", you know it doesn't sound too convincing when you were clearly cited for not wearing your glasses on the same citation!

    Post the code section numbers you were cited for and someone can try and figure out points and traffic school.
  • 06-24-2012, 09:07 PM
    the1theonly
    Re: 3 Violations in One Ticket, Officer Lied About What the Ticket is for
    Is there any way for the judge to reduce the charge? because I really cannot afford these charges, Im a college student with no job and it is my first ticket ( pretty bad for a first ticket too) If I plead guilty, and explain to the judge my situation do you think they will reduce my charge? is there a way to dismiss the ticket?
    citation number is
    12951 a vc
    14603vc
    the third one I couldnt read the second number but it probably this
    21160 a vc
  • 06-24-2012, 09:44 PM
    themadnorwegian
    Re: 3 Violations in One Ticket, Officer Lied About What the Ticket is for
    Quote:

    Quoting the1theonly
    View Post
    Is there any way for the judge to reduce the charge? because I really cannot afford these charges, Im a college student with no job and it is my first ticket ( pretty bad for a first ticket too) If I plead guilty, and explain to the judge my situation do you think they will reduce my charge?

    It's hard to know for sure. If you're going to plead guilty, it's possible to request that your pay your bail in installments. You should speak to the court clerk about this, but they'll have you fill out a TR-300. The catch with this is that they don't send you a bill. You'll have to remember to send in your payments each month. There are no extensions or grace periods, and failure to pay can result in you being charged with a misdemeanor.

    If paying in installments isn't going to work, you can ask the judge to let you work off your sentence through community service. The thing with this is that the court expects you to complete the hours promptly, and seems to assume that the hours are at minimum wage. I observed some trials before going to my own. In one of these cases, the judge sentenced a defendant to almost 60 hours of community service for a ticket that couldn't have been more than 200-300 dollars. If you have a $700 ticket, and are in college, you should only ask the judge for this option if you think that you can actually complete the community service. Failure to obey a court order is also a misdemeanor.
  • 06-24-2012, 10:15 PM
    the1theonly
    Re: 3 Violations in One Ticket, Officer Lied About What the Ticket is for
    for 12951 a vc, is it a correctable ticket? would the violation be dismiss if I show the judge my license?
  • 06-24-2012, 11:05 PM
    That Guy
    Re: 3 Violations in One Ticket, Officer Lied About What the Ticket is for
    Quote:

    Quoting the1theonly
    View Post
    Is there any way for the judge to reduce the charge? because I really cannot afford these charges, Im a college student with no job and it is my first ticket ( pretty bad for a first ticket too) If I plead guilty, and explain to the judge my situation do you think they will reduce my charge? is there a way to dismiss the ticket?
    citation number is
    12951 a vc
    14603vc
    the third one I couldnt read the second number but it probably this
    21160 a vc

    Welcome to the real world, kiddo...

    Pleading guilty is not going to get the ticket dismissed; neither will an explanation, an apology or a promise not to do it again. All of those combined will likely get your fines reduced by quite a bit, but you'll also have to show a current valid driver's license. That, by itself should help mitigate your cost by a little less than a third. This is for violation of 12951 -no license in your possession, it gets dismissed upon payment of a $25 administrative fee to the court.

    I do show a 14603 violation being correctable but I'm not sure that applies to a failure to wear glasses as required, if it is correctable you can do the same as above (dismissal; pending payment of a $25 admin fee).

    the thirtd one is probably a lane violation cited under 21460:

    21460.
    (a) If double parallel solid yellow lines are in place, a person driving a vehicle shall not drive to the left of the lines, except as permitted in this section.
    (b) If double parallel solid white lines are in place, a person driving a vehicle shall not cross any part of those double solid white lines, except as permitted in this section or Section 21655.8.
    (c) If the double parallel lines, one of which is broken, are in place, a person driving a vehicle shall not drive to the left of the lines, except as follows:
    (1) If the driver is on the side of the roadway in which the broken line is in place, the driver may cross over the double lines or drive to the left of the double lines when overtaking or passing other vehicles.
    (2) As provided in Section 21460.5.
    (d) The markings as specified in subdivision (a), (b), or (c) do not prohibit a driver from crossing the marking if (1) turning to the left at an intersection or into or out of a driveway or private road, or (2) making a U-turn under the rules governing that turn, and the markings shall be disregarded when authorized signs have been erected designating offcenter traffic lanes as permitted pursuant to Section 21657.
    (e) Raised pavement markers may be used to simulate painted lines described in this section if the markers are placed in accordance with standards established by the Department of Transportation.

    This is where this citation gets serious and I don't see how you could get this one to go away...

    This is, however, a moving violation and traffic school would certainly be a way to great the violation point to go away.

    So bsically:

    Violation- >---> Fine Amount >---> ?Is It Correctable? >---> Pay Fine or admin fee[/B]
    12951(a) >---> Fine of $234 >---> Show your license >---> Pay the $25 admin fee
    14603--- >---> Fine of $234 >---> Not certain if it is >---> Possibly have to pay the $234 - May be eligible for correction @ $25
    21460(a) >---> Fine of $234 >---> Is not correctable >---> Will have to pay $234
    Totals--- >---> $ $702.00 >-------------------------> Anywhere between ($25+$25+$234) = $284 and ($25+$234+$234) = $493

    Traffic school will run you approximately $69 plus however much the individual school will charge.
  • 06-24-2012, 11:17 PM
    the1theonly
    Re: 3 Violations in One Ticket, Officer Lied About What the Ticket is for
    Will traffic school clear all of my violation? Or only one of the three?
  • 06-24-2012, 11:54 PM
    themadnorwegian
    Re: 3 Violations in One Ticket, Officer Lied About What the Ticket is for
    At least according to the California Courts traffic FAQ, it's not possible to take traffic school for violations that have a mandatory court appearance. This may mean that you're not eligible if the statute that you violated specifically says that a court appearance is required. Alternatively, it could mean that any time you have a mandatory court appearance traffic school is not an option. TG: do you know which of the two it might be?
  • 06-25-2012, 07:44 AM
    That Guy
    Re: 3 Violations in One Ticket, Officer Lied About What the Ticket is for
    Quote:

    Quoting themadnorwegian
    View Post
    At least according to the California Courts traffic FAQ, it's not possible to take traffic school for violations that have a mandatory court appearance. This may mean that you're not eligible if the statute that you violated specifically says that a court appearance is required. Alternatively, it could mean that any time you have a mandatory court appearance traffic school is not an option. TG: do you know which of the two it might be?

    My guess would be the former, not the latter; but even then, qualifying one based on the "mandatory court appearance" criteria is a tricky proposition, simply because you will not find a code section/statute or court rule that dictates what criteria would mandate a "court appearance" for any traffic matter at all, or any criminal matter either (aside from the requirement that a defendant MUST appear for a FELONY charge).

    Case in point: OP has a mandatory court appearance, but for the life of me (and with one exception*), I cannot figure out why.
    It is not because of any of the individual violations, at least not that I can see. And,
    It is not because of the combination of violations. At least none that I can see.

    * The "exception": If the OP has a provisional license (something that he might have alluded to by stating he "only 18" - but that does not automatically entail a provisional) ; if he is (on a provisional license), or if he was under 18 at the time he was cited, he should have explicitly stated so. Simply because most if not all the rules (and subsequently, our answers) change when it comes to juvenile offenders.

    So, the1theonly, were you under 18 when you were cited?


    Quote:

    Quoting the1theonly
    View Post
    Will traffic school clear all of my violation? Or only one of the three?

    There is NOTHING that you or anyone else can do to "clear" any of your violations.

    The way traffic school will affect the outcome in this case is it will result in your driving record being assessed zero violation points. But regardless of whether you take traffic school or not, all three violations will appear on an abstract of your driving record. As for the one violation which you may opt to take traffic school for, my understanding is that it will still appear on your record although it now gets tagged with "dismissed".

    It used to be that a violation for which you attended traffic school for got "masked"-as in was hidden from public view- so only you, the DMV and the courts could see it; whereas your insurer or anyone authorized by law to receiving a copy of your driving record could not see those violations (8 hour traffic schools). This obviously meant that if you took traffic school for a violation, and unless an error was made in reporting it to the DMV, there is no way that your insurer could raise your premium for a hidden violation.

    Now, and though the new provisions are probably too new to have a big enough impact for us to notice much of any at all, and assuming I have a correct understanding of the new law, I am still fairly apprehensive on how much of an impact will taking traffic school have on our premiums. I mean the violation is there; it appears on your record, albeit tagged with a "dismissed"... But as far as your insurer, the violation did happen and if they choose to rate your policy as one with a higher risk, it would be realistically (and legally) justified. What can you do to stop them from raidsing your premium? NOTHING!!!




    Now for a real fun exercise, and with the exception of the following:

    a) VC 40509(c)(3)

    b) PC 1464(a)(2)

    c) 1464(c)

    d) 1465.7(e)

    e) 853.6a(b)

    ... you can search the California Rules of Court, The California Vehicle Code AND even the California Penal Code for the term "mandatory court appearance" or any combination thereof and find any relevance or connection to traffic school or any other legal provision whether it be related to traffic matters or any other court appearance at all, whether it be mandatory or voluntary.

    You won't.

    So where/how/why did this one provision "mandatory court appearance" <--- automatically means ---> "Ineligible for traffic school" make it into the FAQ???

    Let me further qualify this exercise... There are certain violations that do automatically trigger a "mandatory court appearance" (example: a VC 22348(b) or a misdemeanor VC 23109(c)), both of which are "ineligible for traffic school"... Those are not made ineligible because of their triggering a "mandatory court appearance"; instead the VC 22348(b) is ineligible simply because it is a 2-pointer; the 23109(c) because it is a misdemeanor -also because it too is a 2-pointer-.

    So, in summary, the point of this exercise is to find a reason why the "mandatory court appearance" is listed as a reason to disqualify certain violations from being eligible for traffic school when in fact, a violation that carries a mandatory court appearance is, by its very nature, ineligible for traffic school.




    Once you're done there, you can go back and review or research for this: With the exception of juvenile matters, (and you're free to search through the California Penal Code, California Vehicle Code and/or the California Rules of Court) what is the criteria which if applied, mandates court appearance for a particular violation? (This one, I can say I've found it to be a REAL secret).
  • 06-25-2012, 11:21 PM
    the1theonly
    Re: 3 Violations in One Ticket, Officer Lied About What the Ticket is for
    I called to day to ask why I have a mandatory court appearance and it was because of no license. and I am eligible for traffic school for the double yellow line violation. But I really want to OP out of the not wearing glasses violation. I realized that I didnt take the vision test when I apply for my license, they put it in assuming i need it since I wore glasses, but my eye sight isnt that bad. I believe I can pass the vision test if I take it again. I even went to the DMV and checked if I can see the chart.So if i take the vision test and correct it on my license, can I op out of that violation since it is a correctable violation?
  • 06-25-2012, 11:51 PM
    That Guy
    Re: 3 Violations in One Ticket, Officer Lied About What the Ticket is for
    Quote:

    Quoting the1theonly
    View Post
    I called to day to ask why I have a mandatory court appearance and it was because of no license. and I am eligible for traffic school for the double yellow line violation. But I really want to OP out of the not wearing glasses violation. I realized that I didnt take the vision test when I apply for my license, they put it in assuming i need it since I wore glasses, but my eye sight isnt that bad. I believe I can pass the vision test if I take it again. I even went to the DMV and checked if I can see the chart.So if i take the vision test and correct it on my license, can I op out of that violation since it is a correctable violation?

    Uhm... No!

    Simply because when you were pulled over, that was a valid provision on your license and if it could have been corrected, you should have taken the time to do so BEFORE getting cited for not wearing your glasses!

    And I am not picking on you, I too wear glasses actually... But if your eyesight isn't that bad, how come you didn't see the line?

    And what's the big deal about the 14603? Its not like its that bad of a violation... Its not going to describe the actual provision you violated...
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