My question involves a traffic citation from the state of: California
I was cited for using a disabled parking placard which did not belong to me. Yes...I know I am at fault, and I plan on pleading guilty, but how long does the citation appear on the DMV printout??
And also if it get the conviction expunged from my record, how will this affect my ability to receive a state occupational license (ex: nursing, teaching)?
Thank you.
Placard Misuse
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05-30-2009, 01:54 PMgirlneedslawhelpPlacard Misuse
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05-30-2009, 02:23 PMjkRe: Placard Misuse
wow, apparently illegal use of a HC permit is a criminal action:
I would worry less about your driving record and more about your criminal record (that is forever)Quote:
Unlawful Use of Forms of Registration, Plates, Permits, or Placards, or Validation Tabs
4461. (a) No person may lend any certificate of ownership, registration card, license plate, special plate, validation tab, or permit issued to him or her if the person desiring to borrow it would not be entitled to its use, nor may any person knowingly permit its use by one not entitled to it.
(b) No person to whom a disabled person placard has been issued may lend the placard to any other person, nor may any disabled person knowingly permit the use for parking purposes of the placard or identification license plate issued pursuant to Section 5007 by one not entitled to it. A person to whom a disabled person placard has been issued may permit another person to use the placard only while in the presence or reasonable proximity of the disabled person for the purpose of transporting the disabled person. A violation of this subdivision is a misdemeanor, punishable by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six months, or by both that fine and imprisonment.
(c) Except for the purpose of transporting disabled persons as specified in subdivision (b), no person may display any disabled person placard that was not issued to him or her or that has been canceled or revoked pursuant to Section 22511.6. A violation of this subdivision is a misdemeanor, punishable by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six months, or by both that fine and imprisonment.
(d) Notwithstanding subdivisions (a), (b), and (c), no person using a vehicle displaying a special identification license plate issued to another pursuant to Section 5007 may park in those parking stalls or spaces designated for disabled persons pursuant to Section 22511.7 or 22511.8, unless transporting a disabled person. A violation of this subdivision is a misdemeanor, punishable by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six months, or by both that fine and imprisonment.
(e) For the purposes of subdivisions (b) and (c), "disabled person placard" means a placard issued pursuant to Section 22511.55 or 22511.59.
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05-31-2009, 07:08 AMThat GuyRe: Placard Misuse
To add to what jk has posted, that $250 that you see there is the "Base Fine"... After adding in the penalty assessments the $250 turns into nice sum of $1005... The maximum Base Fine of $1000 turns into $4655... (may vary slightly depending on which county in California you were cited).
The penalty carries zero violation points so it has no affect on your driving record...
Lastly, I don't know how or why you'd have any opportunity to get that "expunged"!!!
Edited to add: The jail time portion of the penalty is obviously up to the criminal court Judge presiding over your case. -
07-09-2009, 07:52 PMdbiiRe: Placard Misuse
To answer your original questions:
The citation will appear on your DMV clets for 7 years.
Yes you have to disclose it. Even if you have it expunged. -
07-09-2009, 08:05 PMThat GuyRe: Placard MisuseIn California, a traffic citation will appear on a driver's record for 3 years... Not 7 years.Quote:
Quoting dbii
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07-09-2009, 08:54 PMdbiiRe: Placard MisuseAn infraction will appear for 3 years.Quote:
Quoting That Guy
A misdemeanor will appear for 7 years.
Placard abuse is a misdemeanor. Therefore it will appear for 7 years.
I guess that falls within the 4%. -
07-09-2009, 09:22 PMcdwjavaRe: Placard Misuse
Actually, it will appear on the DMV printout for three years (even as a misdemeanor) and will be accessible as a public record for up to 7 years, and within DOJ CORI files (via CLETS) forever - provided, of course, the defendant was booked (printed) and convicted of the offense as a misdemeanor.
Since most of these are handled as infractions in most jurisdictions, it is unlikely to appear.
- Carl -
07-09-2009, 10:14 PMThat GuyRe: Placard MisuseActually, and in addition to what Carl has stated, they are not classified by infraction/misdemeanor...Quote:
Quoting dbii
So it's 10 years for a DUI, 7 years for 2 point violations, 3 years for 1 or 0 point violations.Quote:
CVC 1808.
(b) The department shall make available or disclose abstracts of convictions and abstracts of accident reports required to be sent to the department in Sacramento, as described in subdivision (a), if the date of the occurrence is not later than the following:
(1) Ten years for a violation pursuant to Section 23140, 23152, or 23153.
(2) Seven years for a violation designated as two points pursuant to Section 12810, except as provided in paragraph (1) of this subdivision.
(3) Three years for accidents and all other violations.
By the way, a violation of CVC4461(c) is a misdemeanor and yet it is a "0" point violation. Therefore, it will remain on the driver's record for THREE YEARS.
Moreover, and before you come back with "every 2 point violation is a misdemeanor"... a violation of CVC22348 is a 2 point violation and yet it is an infraction, not a misdemeanor.
Your guess is wrong!Quote:
Quoting dbii
Welcome to the forum, by the way! -
07-09-2009, 10:22 PMcdwjavaRe: Placard Misuse
Oh ... and if this was issued as a PARKING citation, it will not appear on any such record. :)
- Carl -
07-12-2009, 08:02 PMzduckRe: Placard Misuse
My sister just had a similar situation. She was cited for the same thing (using our mom's handicap placard when she shouldn't have). How can you tell if it was issued as a "parking citation" as you mentioned? The notice to appear is checked "traffic" at the top, but in the details below, next to the CVC4461(c) number, the "m" is circled as a misdameanor. Does this mean she will now have a criminal record if she pays the fine? She just plans to pay it, since she knows she was wrong and there are no extenuating circumstances really for any defense.
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07-12-2009, 08:14 PMcdwjavaRe: Placard MisuseIf it was handed to her and she had to sign the citation, then it is NOT a parking ticket.Quote:
Quoting zduck
And, if she will be required to appear for booking prior to court, then she will have a criminal record. Chances are she will be offered an opportunity to pay this off as an infraction, but I cannot say for sure. She might consider at least consulting an attorney after she receives notice from the court as to how it is being charged.
- Carl -
07-12-2009, 08:26 PMzduckRe: Placard Misuse
Thanks you very much for the information Carl. Unfortunately she did have to sign for it. I guess we won't know more until she receives the citation in the mail and the instructions. We're keeping our fingers crossed that you might be right and that this will be handled as an infraction and no booking (criminal record) will be involved.