(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.