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  1. #11
    Join Date
    Sep 2010
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    19,901

    Default Re: Cited for Crossing Double Yellow Lines, CVC 21460(A)

    You can. You'll get it offered in the courtesy notice in most cases. There's no arraignment in a TBWD case. You're implying a not guilty plea by requesting such.

  2. #12
    Join Date
    Oct 2013
    Posts
    6

    Default Re: Cited for Crossing Double Yellow Lines, CVC 21460(A)

    Quote Quoting flyingron
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    You can. You'll get it offered in the courtesy notice in most cases. There's no arraignment in a TBWD case. You're implying a not guilty plea by requesting such.
    I don't get the traffic school option because I already took it in the last 18 months. My question is, if I go to the court or arraignment and plea guilty, can I ask the judge to grant me traffic school option?

  3. #13
    Join Date
    Aug 2012
    Posts
    115

    Default Re: Cited for Crossing Double Yellow Lines, CVC 21460(A)

    Quote Quoting msgeva
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    I don't get the traffic school option because I already took it in the last 18 months. My question is, if I go to the court or arraignment and plea guilty, can I ask the judge to grant me traffic school option?
    Traffic school can only be used to remove one point every 18 months. Therefore, you could ask the judge for traffic school, but there'd be no point since it won't affect anything.

  4. #14
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Cited for Crossing Double Yellow Lines, CVC 21460(A)

    Quote Quoting msgeva
    View Post
    Thanks everyone! I guess I can't even do TBD or TBWD because on the notice, it says
    "No other options are available to you and you are not eligible for a Trial by Declaration"

    So I think the only options I have right now are
    1) Request Court Appearance (Arraignment or Court Trial)
    2) Traffic School
    You are clearly misinterpreting or misunderstanding the meaning of what the courtesy notice is stating.

    Either post a picture of your notice ((after redacting all personal info) or type in the language of the letter and I'll explain to you what it says.

    Then again, why would you want to file a declaration? What could you possibly state in your defense that is likely to improve your odds any?

    Quote Quoting msgeva
    View Post
    Can someone please advice, whether I can ask for traffic school option if I go for Arraignment?
    Come on now, it isn't that difficult to understand.

    Quote Quoting msgeva
    View Post
    Actually I took traffic school on 9/30/12 for a speed ticket that I got on July 2012. Does that mean I'll have to get a demerit point?
    Traffic school used to conceal a violation committed in July, 2012. This means that for the next 18 months after July, 2012, i.e. through January of 2014, any violations that you get cited for are NOT eligible to get concealed by way of taking traffic school.

    So yes, you can ask for it, yes, you can pay for it, yes the court will likely take your money, yes you can attend a class, but no, the DMV will not conceal this violation simply because you have had one get concealed within the past 18 months. And there isn't anything anyone can do about it!

  5. #15
    Join Date
    Oct 2013
    Posts
    6

    Default Re: Cited for Crossing Double Yellow Lines, CVC 21460(A)

    So do you recommend hiring a lawyer or just pay the fine and get 1 demerit point?

  6. #16
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Cited for Crossing Double Yellow Lines, CVC 21460(A)

    Quote Quoting msgeva
    View Post
    So do you recommend hiring a lawyer or just pay the fine and get 1 demerit point?
    My experience with hiring a lawyer in my county tells me it will cost you in excess of $1000 to hire a lawyer to appear with you on your behalf in traffic court. While a lawyer might be able to negotiate a different outcome than what you might manage on your own, I don't see how he could get the whole case dismissed. So this means that in addition to attorney fees, there will be some sort of fine that must be paid to the court. Let's say $200... Makes it a $1200 cost...

    I don't know who you're insured with (and no, even if you told me, there is no way for anyone to definitively estimate what can happen) or what type of policy you have but to assume that your premium would see an increase of approximately $400 per year for the next 3 years? ... Again, I don't know; but that is the type ofg analogy you might use to figure out what you should do. Generally, I would assume that if you are not likely to get some sort of administrative suspension from the DMV for accumulating more than 4 points in one year, 6 in two or 8 in three, then a lawyer's services may cost you too much for what they may be worth. But that's just me!

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