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  1. #1
    Join Date
    Sep 2009
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    Default Is the Traffic School Option Still Available After TBD

    My question involves a traffic ticket from the state of: California

    According to this web site: http://www.helpigotaticket.com/about_tschool.html, even after doing a trial by declaration and being found guilty, I still have the option for traffic school by California Rule of Court 4.104(c)(3). On this forum I see that a lot of people are saying it is dependent on the judge though, so does that mean California Rule of Court 4.104(c)(3) does not always apply?

    I got my first citation ever and the officer said this was an option for me. However, I believe he gave me this infraction wrongly and I'm considering contesting because going to traffic school is admitting that I am guilty.

  2. #2
    Join Date
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    Default Re: Is the Traffic School Option Still Available After TBD

    Read the rule:
    Quote Quoting California Rules of Court - Rule 4.104. 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.

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

    (1) Eligible offenses - Except as provided in (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(a) 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 one and one-half points or more 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, § 1808.7);

    (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 stated 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.
    (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) or 42005(b); sentencing under Vehicle Code section 42005(a); 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 under Vehicle Code sections 41501 or 42005.

    (2) If a violation occurs within 18 months of a previous violation that was dismissed under Vehicle Code section 41501(a), a judicial officer may order a continuance and dismissal in consideration for completion of a program at a licensed school for traffic violators 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). Under Vehicle Code section 1808.7, a dismissal for completion of the 12-hour program under this subdivision is not confidential.

    (3) A defendant who is otherwise eligible for traffic violator school is not made ineligible by entering a plea other than guilty or by exercising his or her right to trial. A traffic violator school request must be considered based on the individual circumstances of the specific case. The court is not required to state on the record a reason for granting or denying a traffic violator school request.
    As the rule plainly states, it's up to the court.

  3. #3
    Join Date
    Sep 2009
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    10

    Default Re: Is the Traffic School Option Still Available After TBD

    Quote Quoting Mr. Knowitall
    View Post
    Read the rule:As the rule plainly states, it's up to the court.
    My interpretation of rule of court 4.104(c)(1) is that the judge has the option to order (as in force) an individual to go to traffic school, which is what the his or her discretion is referring to; however, (3) will hold where if it was an option before the trial, it is still an option. Is my interpretation wrong?

  4. #4
    Join Date
    Mar 2009
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    LA LA Land
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    Default Re: Is the Traffic School Option Still Available After TBD

    Quote Quoting pamplets
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    My interpretation of rule of court 4.104(c)(1) is that the judge has the option to order (as in force) an individual to go to traffic school
    A judge, and while he/she has the power to "order" a defendant to attend traffic school, they normally leave it up to the defendant.

    Quote Quoting pamplets
    View Post
    however, (3) will hold where if it was an option before the trial, it is still an option. Is my interpretation wrong?
    Here's the link to the rule that Mr. Knowitall posted: Rule 4.104. Procedures and eligibility criteria for attending traffic violator school

    Scroll down to the bottom of the page and read the footnote under "Advisory Committee Comment".

    I don't know why www.helpIgotaticket.com doesn't mention People v. Schindler but as far as I see it, that case is just as important as Wozniac and Enochs, both of which are mentioned repeatedly.

    Google "People v. Schindler (1993) 20 Cal.App.4th 431", and read that case. It offers a clear answer to the question that you're posing.

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