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  1. #1
    Join Date
    Aug 2008
    Location
    SoCal
    Posts
    6

    Default Limits on Attending Traffic School

    My question involves a speeding ticket from the State of: California

    About 5 months ago I received a 22350 ticket. I did TBD but did not win. I now have a trial de novo request in place but haven't received a court date yet.

    In the meantime, I was unlucky enough to get a 22349 ticket in a remote area far from home. They offered me traffic school which I accepted and have to complete by mid-October. It was a valid violation so I didn't want to fight it.

    When I go to court for the first ticket, will they offer me traffic school before the hearing starts (assuming the officer shows of course)? I've seen this happen before where the judge says "If you see your officer here in Court, come forward if you want to attend traffic school and avoid a trial, blah, blah, blah". If they do offer, can I accept even though I will be doing another traffic school sometime in the next two months? If I go forward with the trial and am offered traffic school at that point, does anything change? What are the impacts on insurance, etc. for two traffic schools at nearly the same time? I only have one point on the license right now and that one was accident related (solo vehicle).

    Another question: on the 22350 ticket there is no radar unit number listed. How can I check the calibration validity if there is no number shown? There is also no place on the ticket for the office to write the conditions such as weather, traffic, etc. How can I argue safe speed if these aren't shown?

    I am going to try to get the traffic survey from the City and see what options that gives me.

  2. #2
    Join Date
    Feb 2008
    Posts
    1,622

    Default Re: Two Traffic School Rules and Other ?'s

    22350 is usually a pretty easy charge to beat. You need to do a discovery request. If he didn't list a radar number, he likely paced you. If so, some interesting arguments come into play.

    The traffic engineering survey is only good for a speed trap defense. You should read VC 40800 - 40805 and learn all you can about speed trap defenses.

    Do some homework. Get the survey and come back here with more questions.

  3. #3
    Join Date
    Aug 2008
    Location
    SoCal
    Posts
    6

    Default Re: Limits on Attending Traffic School

    He didn't pace me. He was parked at the side of the road behind a tree. I'll read the sections you reference.

    Any comments on the traffic school question?

  4. #4

    Default Re: Limits on Attending Traffic School

    CA only allows traffic school once every 18 months so you cannot take it for both.

  5. #5
    Join Date
    Feb 2008
    Posts
    1,622

    Default Re: Limits on Attending Traffic School

    Well... if he was parked behind a tree, how do you think he could get your speed? If he was using radar, he should have included the radar unit ID number so that when he brings in the calibration and maintenance records, you can tell it was the same radar.

  6. #6
    Join Date
    Aug 2008
    Location
    SoCal
    Posts
    6

    Default Re: Limits on Attending Traffic School

    The tree trunk is only about a foot in diameter, not exactly blocking his radar view. I think he was just parked there for the shade. More to the point is that he was in parked front of me, not following behind and pacing.

    There is no radar unit # on the ticket nor any indication of road and/or traffic conditions. Both of which seem important to my defense.

  7. #7
    Join Date
    Feb 2008
    Posts
    1,622

    Default Re: Limits on Attending Traffic School

    Quote Quoting CoolLED
    View Post
    There is no radar unit # on the ticket nor any indication of road and/or traffic conditions. Both of which seem important to my defense.
    That's the point I was making. The State cannot make omissions that impede your ability to prepare a defense.

  8. #8
    Join Date
    Aug 2008
    Location
    SoCal
    Posts
    6

    Default Re: Limits on Attending Traffic School

    Quote Quoting lwpat
    View Post
    CA only allows traffic school once every 18 months so you cannot take it for both.
    What I read elsewhere is:

    "If the court allows you to attend traffic school more than once in 18 months, the DMV will record this second "dismissal" on both your confidential and public driving records. Though your insurance company will know you were cited and attended traffic school, they can not legally raise your rates. Insurance rates can only be increased if a guilty conviction or at-fault accident is recorded on your public record. A dismissal, whether recorded publicly or confidentially, can never be used to increase your rates."

    What makes you say you cannot attend more than once per 18 months. Do you have a CVC reference?

  9. #9
    Join Date
    Jun 2008
    Location
    SF Bay area
    Posts
    14

    Default Re: Limits on Attending Traffic School

    I went in and observed traffic court in my area. There was something called level 2 traffic school assigned. It seems to be offered inconsistently though. I saw one judge let someone with 2 tickets on the schedule opt to take level 1 for the first ticket and level 2 for the second ticket even though he received the tickets on consecutive days. While another judge in the courtroom next door said she would not assign level 2 to another defendant because it was her policy that there must be at least a year between citation dates.

    Good luck.

  10. #10
    Join Date
    Aug 2008
    Location
    SoCal
    Posts
    6

    Default Re: Limits on Attending Traffic School

    The thing is, I can't see how the judge would know about the other traffic school because I won't have gone to it yet. The timing is kind of weird here between the two cases at hand.

    My question is what will the DMV do with two traffic school attendances?

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