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  1. #1
    Join Date
    Dec 2018
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    San Diego, CA
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    Default Will Expungement Remove Points from Your Driving Record

    After a ticket in California, I got a letter from the DMV saying I committed a major offense and now have two points on my license. If the case gets expunged, will the points go off my record or will they stay there for 10 years or whatever?

  2. #2
    Join Date
    Jun 2017
    Location
    California
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    372

    Default Re: Going to Court for a Hit-And-Run Charge

    The points stay.

  3. #3
    Join Date
    Jun 2017
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    California
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    Default Re: Going to Court for a Hit-And-Run Charge

    An expungment only hides the conviction from public view. It doesn't erase it and it is still in state records. Just as an expungment will not restore gun rights if they were taken, it won't remove points for a VC violation. You can get a DUI conviction expunged but that doesn't prevent it from being charged as a prior offense should you pick up a new DUI down the road...

  4. #4
    Join Date
    Sep 2005
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    California
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    Default Re: Going to Court for a Hit-And-Run Charge

    Quote Quoting ijcaff97
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    Next update: I got a letter from the DMV saying I committed a major offense and now have two points on my license. If the case gets expunged, will the points go off my record or will they stay there for 10 years or whatever?
    Wait .. the DMV is stating you have the two points for the VC 20002 (hit and run) BEFORE a conviction? Did the notice say you had already been applied those points, or, that you COULD be applied them if you lose at trial?

    It's a little early to say what might happen in an expungement because there appears to have been no trial and sentence, and thus there is no way to say which method might be applicable to your situation. But, if convicted and you complete probation, chances are that the points will fall off by the end (36 months for the points). If you are released from probation early, you might have to submit a record to the DMV showing that the matter was dismissed pursuant to PC 1203.4 (if granted) before they will dismiss the points.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5
    Join Date
    Dec 2018
    Posts
    168

    Default Re: Going to Court for a Hit-And-Run Charge

    The DMV is not free to apply points irrespective of the outcome of a court ruling.

  6. #6
    Join Date
    Sep 2010
    Posts
    18,827

    Default Re: Going to Court for a Hit-And-Run Charge

    Quote Quoting Chuck77
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    The DMV is not free to apply points irrespective of the outcome of a court ruling.
    That's true if the person is found not guilty or the charges dismissed before some adjudication occurs. However PC 1204.3, doesn't undo the conviction entirely, in fact, it expressly says that the sanctions under the VC remain.

  7. #7
    Join Date
    Sep 2005
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    California
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    20,269

    Default Re: Going to Court for a Hit-And-Run Charge

    Quote Quoting Chuck77
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    That is exactly what I was saying. The DMV is not free to apply points irrespective of the outcome of a court ruling.
    There are situations where points are applied without a conviction being necessary. For instance a driver is in a crash and gets cited for unsafe speed (VC 22350) as a result of the investigation. He gets a point for being at fault in the crash and a point for VC 22350 - so, two points. Even if the driver prevails at trial on the VC 22350, the administrative penalty for the collision fault would remain unless there was a successful appeal with the DMV.

    And, flyingron is absolutely correct. PC 1203.4 shall not require the DMV to remove any points per VC 13555. So, an expungement pursuant to PC 1203.4 for VC 20002 would not relieve one of those 2 points. (I had not read the section entirely through ... and never had to deal with the question of points under PC 1203.4.)
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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