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  • 22348b cvc
    replied
    Cut and pasted from DMV website. The short answer is that the point for a violation of 22450a VC will stay on her record for 3 years from the date of violation. Just have her do traffic school if she is eligible.

    Negligent operator violation point count

    Once you are licensed to drive in California it is important that you continue to follow all the laws and practice safe driving habits. If you start accumulating tickets for moving violations, which count as one or two points, you may be considered a negligent operator and may lose your privilege to drive.

    Most driving offenses, such as hit and run, reckless driving, and driving under the influence, are designated as 2 points and will remain on your record for seven years from the violation date. Most other offenses are designated as 1 point and will remain on your record for three years from the violation date. Any "at fault" accident is normally counted as one point.

    You will be considered a negligent operator if your driving record shows any of the following point count totals:

    4 points in 12 months, or
    6 points in 24 months, or
    8 points in 36 months
    Last edited by 22348b cvc; 03-20-2011, 12:40 AM.

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  • WokMaster1
    replied
    Update: Got the letter. $244 was the fine. I believe it's going to cost her 1 point on her driving record. But good news is that there will be no increase on the insurance since she is a safe driver. But if she gets another ticket (moving violation) within 18 months, the rates will go up.

    How long does the point stay on her driving record?
    Last edited by WokMaster1; 03-18-2011, 7:37 AM.

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  • roadkill
    replied
    California Superior Court and Infractions process:

    1. most courts will issue you a letter with a fine amount and options. It usually takes a couple of weeks to get this letter.

    2 The cite should have a court phone number and address.. once the cite is in the system you should be able to call and ask them pertinent info such as how much is the fine etc.

    3 if you go to court, the first hearing is the arraignment where she pleads guilty or not, during this time if she chooses, she can fall on the sword, admit she messed up and ask for a reduced fine due to financial hardships, she can also ask if the court will allow her to do community service in lieu of money.

    4.If she pleads not guilty.. then a new court date is set, the officer who cited receives a subpoena, and she goes back to court to present her side of the story vs the officers.

    5. She can do a written declaration option where she writes her statement of what occurred and the officer does the same and the judge rules one way or another (requires full bail amount in advance to be paid).

    6. If she is found guilty, traffic school is an option to remove the point from her record if she hasn't had traffic school in i think it is 18 months prior. Some judges/commissioners will not allow traffic school once you go past the arraignment stage, so it is best to ask them if she chooses to fight the ticket.
    Last edited by roadkill; 03-04-2011, 7:30 PM. Reason: spelling...

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  • WokMaster1
    replied
    Originally posted by Lrchops
    If she committted the violation, accept responsibility and pay. I don't want to monday morning quarter back the cop who wrote the ticket, but I would like to thinkk most cops would not write a ticket unless it was a blatent violation causing a safety hazard. If it was really simply a stop sign slow roll and there were no apparent oulying issues, then that may just be what I would peg as chicken shmit!
    Yes, she is good like that.

    Not looking for anything other than info. If I wanted to play quarterback, this would be in OT...

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  • Spanky8601
    replied
    Originally posted by Lrchops
    If she committted the violation, accept responsibility and pay. I don't want to monday morning quarter back the cop who wrote the ticket, but I would like to thinkk most cops would not write a ticket unless it was a blatent violation causing a safety hazard. If it was really simply a stop sign slow roll and there were no apparent oulying issues, then that may just be what I would peg as chicken shmit!
    Neither you or I were there..so don't monday morning quarterback.

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  • Lrchops
    replied
    If she committted the violation, accept responsibility and pay. I don't want to monday morning quarter back the cop who wrote the ticket, but I would like to thinkk most cops would not write a ticket unless it was a blatent violation causing a safety hazard. If it was really simply a stop sign slow roll and there were no apparent oulying issues, then that may just be what I would peg as chicken shmit!

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  • Which Way Out
    replied
    Lots of fun when you get a ticket 200+ miles from home. CHP stopped me in a 55 zone and wrote me up doing 75+ . I called the court and asked to pay the fine and the nice lady said the cost was, (I don't recall the amount). So I also ask if I can go to traffic school as this was my 2nd ticket ever. She said no I cannot do traffic school because I was issued the ticket doing more than 20 mph over the limit. That's where the + part came in. She said because the trooper put the + on the 75 and that the court judge had declared going over the limit by 20 mph or more he would not allow people to go to traffic school to or something like that. Its been more than 10 years so details of it are vague so don't beat me up about it.
    The pisser of it all is due to the distance from my place to Needles Ca. I would liked to of shown up in court and plead my case but it was not practical.
    By the way if you or anyone reading this is traveling near Earp Ca. just east of Parker AZ. there is a 55mph zone for a few miles west of Earp through the mud flats then its wide open desert as far as the eye can see. Glad he didn't get me there. Can you say I'd still be in Jail

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  • 22348b cvc
    replied
    Originally posted by Falconis
    There are added court costs.
    Just to clarify the numbers I posted are the approximate totals WITH the court fees included.

    Look up the (uniform bail and penalty schedule).

    Here is the link to the 2011 version.



    Look at the fine print and read the fees from county to county and it will tell you how much your ticket will be.

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  • trendar5
    replied
    Originally posted by DTOMSD
    I didn't say anything about signing the ticket, you always have to sign the ticket, I asked if she admitted guilt for the ticketed offense (when speaking with the officer during the stop)
    In my 16 years of writing tickets, the issue of whether or not the driver admitted guilt at the scene of the citation issuance has never been an issue at trial. A driver can say that they just ran over the Pope if they want, that doesn't mean that they will be found guilty at trial.

    The defendant can simply testify that they were nervous, mistaken, trying to be cooperative with the officer etc., when they admitted the violation.

    The real problem people have at trial is showing up unprepared, with no affirmative defense lined up, just checking to see if the officer shows up......

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  • Falconis
    replied
    There are added court costs.

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  • 22348b cvc
    replied
    Base fine for 22450a vc is around $230 if you request traffic school it will add about $52. These are approximate fines from Alameda Co. and should be very close to Contra Costa. All the fines are based on the Uniform Traffic Bail Schedule and only can vary by small amounts.

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  • Steveo8
    replied
    Originally posted by ralemzor
    If she wants to contest the ticket she could also do a trial by written declaration and you don't need to show up in court. You just send in your statement and the judge will review it and rule. The nice thing about this is you can then request a trial de novo if you are not happy with the judges first decision and get a second chance to contest it in court I always do this when I get traffic tickets.
    Another thing when doing this your wife would have to call the court, enter a not guilty plea and pay the bail amount in FULL.

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  • Falconis
    replied
    Damn, guess I'll pull my number then ....

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  • WokMaster1
    replied
    Originally posted by DTOMSD
    I didn't say anything about signing the ticket, you always have to sign the ticket, I asked if she admitted guilt for the ticketed offense (when speaking with the officer during the stop)
    No, she didn't. Sorry about that

    She was not amused about my wash cop cars comment.

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  • Danz la Nuit
    replied
    Originally posted by WokMaster1
    The signature part states that signing does not mean guilty or something along that line.
    I didn't say anything about signing the ticket, you always have to sign the ticket, I asked if she admitted guilt for the ticketed offense (when speaking with the officer during the stop)

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