Re: What is the Best Thing to Do After Being Cited 22349 B VC
Cal. Veh. Code ß 41501(a) Chaptered (Stats.2010 Ch.216) States: "The court may order a continuance of a proceeding against a person, who receives a notice to appear in court for a violation of a 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 and pursuant to Section 1803.5 or 42005, the court may dismiss the complaint..."
In 2011 this code section was amended as follows: "After a deposit of bail and bail forfeiture, a plea of guilty or no contest, or a conviction, the court may order a continuance of a proceeding... the court may order that the conviction be held confidential by the department according to Section 1808.7."
Although the 2010 version of this statute appears to make traffic school a pre-judgment diversion program by allowing the dismissal of the charges after successful completion of traffic school, the 2011 version removed it from that category. The current version made two major changes. First, it made traffic school available only under specific circumstances; 1) After a deposit of bail and bail forfeiture, 2) a plea of guilty or no contest, and 3) a conviction. Two of the three options, bail forfeiture and a conviction, would require the entry of a judgment and therefore preclude traffic school as a pre-judgment diversion program. Second, this current version has also removed the option for the court to dismiss the charges. VC ß 1803.5(a) states the successful completion of traffic school "results in a designation of the conviction as confidential."
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