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  1. #1
    Join Date
    Dec 2004
    Location
    CA
    Posts
    1

    Default Driving On The Shoulder

    I was cited for driving on a highway shoulder. It was about 9 PM and the traffic was quite heavy. I was driving on the right lane and one car was leaning toward me from the left so I steered my car to the right and the right wheels crossed over to the shoulder. The cop stopped me for driving on the shoulder. Should I fight this ticket as it was really unfair to me? If so, what should be my strongest defense in trial? What are the chances?

    If I were found guilty eventually, can I still go to traffic school to clear the points?

    Mant thanks for your help.

    :

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Re: California traffic ticket

    Quote Quoting oldpines
    Should I fight this ticket as it was really unfair to me? If so, what should be my strongest defense in trial? What are the chances?
    Whether or not you want to fight the ticket depends upon a lot of things, including how you would feel about pleading guilty to a charge you believe is unfair, and how much time it will consume to defend. Your primary defense would seem to be necessity - you were only on the shoulder because another car forced you out of your lane. Your chances? I can't estimate - it depends in no small part on what the officer might say.

    Quote Quoting oldpines
    If I were found guilty eventually, can I still go to traffic school to clear the points?
    I don't know - I'm not familiar with your state's traffic laws. (I can tell you that many Michigan drivers envy the "traffic school" option, which is not available here.) I suggest that you contact the DMV, as they can probably answer that question for you.

  3. #3
    Join Date
    Aug 2005
    Posts
    117

    Default

    Courts always will deny you the right to go to traffic school if you are convicted.

    This has been deemed an abuse of discretion by two L.A. appellate courts in the unpublished decisions in People v Wayne and People v Grover.

    Leave it to the kangaroo courts to deny you traffic school in retaliation for the audacity to excercise your right to due process and to confront your accuser.....

    Notice how below primarily refers to a court clerk dismissing amatter "pre-trial"?! Leave it to the crooks to come out with bad law....

    2005 California Rules of Court

    Rule 851. Procedures and eligibility criteria for attending traffic violator school

    (a) [Purpose] The purpose of this rule is to establish uniform statewide procedures and criteria for eligibility to attend traffic violator school.

    (Subd (a) amended effective January 1, 2003; previously amended effective July 1, 2001.)

    (b) [Authority of a court clerk to grant pretrial diversion]


    (1) (Eligible offenses) Except as provided in subdivision (2), a court clerk is authorized to grant a request to attend traffic violator school when a defendant with a valid driver's license requests to attend an 8-hour traffic violator school as pretrial diversion under Vehicle Code sections 41501(b) and 42005 for any infraction under divisions 11 and 12 (rules of the road and equipment violations) of the Vehicle Code if the violation is reportable to the Department of Motor Vehicles.

    (2) (Ineligible offenses) A court clerk is not authorized to grant a request to attend traffic violator school for a misdemeanor or any of the following infractions:

    (A) A violation that carries a negligent operator point count of more than one point under Vehicle Code section 12810 or more than one and one-half points under Vehicle Code section 12810.5(b)(2);

    (B) A violation that occurs within 18 months after the date of a previous violation and the defendant either attended or elected to attend a traffic violator school for the previous violation (Veh. Code, ยง1808.7);

    (C) A violation of Vehicle Code section 22406.5 (tank vehicles);

    (D) A violation related to alcohol use or possession or drug use or possession;

    (E) A violation on which the defendant failed to appear under Vehicle Code section 40508(a) unless the failure-to-appear charge has been adjudicated and any fine imposed has been paid;

    (F) A violation on which the defendant has failed to appear under Penal Code section 1214.1 unless the civil monetary assessment has been paid;

    (G) A speeding violation in which the speed alleged is more than 25 miles over a speed limit as set forth in Chapter 7 (commencing with section 22348) of Division 11 of the Vehicle Code;

    (H) A violation that occurs in a commercial vehicle as defined in Vehicle Code section 15210(b); and

    (I) A violation by a defendant having a class A, class B, or commercial class C driver's license.

    (Subd (b) amended effective September 20, 2005; previously amended effective January 1, 2003.)

    (c) [Judicial discretion]

    (1) A judicial officer may in his or her discretion order attendance at a traffic violator school in an individual case for diversion under Vehicle Code section 41501(a), 41501(b), or 42005; sentencing; or any other purpose permitted by law. A violation by a defendant having a class A, class B, or commercial class C driver's license or that occurs in a commercial vehicle, as defined in Vehicle Code section 15210(b), is not eligible for diversion pursuant to Vehicle Code sections 41501 or 42005.

    (2) If a violation occurs within 18 months of a previous violation, a judicial officer may order a continuance and dismissal in consideration for completion of a licensed program as specified in Vehicle Code section 41501(a). The program must consist of at least 12 hours of instruction as specified in section 41501(a). Pursuant to Vehicle Code section 1808.7, a dismissal for completion of the 12-hour program under this subdivision is not confidential.

    (Subd (c) amended effective September 20, 2005; amended and relettered as part of subd (b) effective January 1, 2003; previously amended effective January 1, 1998.)

    Rule 851 amended effective September 20, 2005; adopted effective January 1, 1997; previously amended effective January 1, 1998, July 1, 2001, and January 1, 2003.

    Drafter's Notes

    1997-Rule 851 was adopted to establish uniform statewide criteria for eligibility to attend traffic violator school as pretrial diversion under Vehicle Code sections 41501 and 42005.3. The rule also allows commercial drivers to attend traffic violator school.

    1998-This rule was amended to correct a previous oversight that excluded commercial drivers from attending traffic violator schools for certain otherwise eligible violations.

    2001-This revision replaces a statutory reference to Vehicle Code section 42005.3 with a correct reference to Vehicle Code section 42005.

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