As long as you are qualified for traffic school, you may choose to keep the DMV point off your record for a traffic offense, but even so, most people wonder if a judge in California may refuse to allow them to attend traffic school.
We’re here to help, so up next are some basic facts on the subject and some frequent myths about traffic schools.
What Is Traffic School?
When you have a traffic ticket, you can take an eight-hour traffic school course to avoid getting points on your license when you have a traffic ticket. You must also pay a $52 (minimum) state-mandated non-refundable administrative charge and take the course through a third-party provider who must be an approved provider.
On the DMV website, you may find a list of DMV-approved traffic schools. It is critical that the traffic school you choose is approved by the California Department of Motor Vehicles (DMV) and that you present all required documentation following completion in order to obtain credit.
If you take an unapproved traffic school course or fail to complete traffic school by the time set by the clerk or judge, it will not count, and you will be required to take another course from an approved provider, risk having points added to your driving record, or pay additional fines.
What Are Some Common Misconceptions About Traffic School in California?
Traffic School Prices Vary If it’s Given in Person or Online
In California, the cost of a traffic school varies, but it is often between $20 and $45. You are still responsible for any traffic fines if you choose to attend traffic school. If a driver is qualified for traffic school but chooses not to attend, their auto insurance may suffer as a result.
Despite the lengthy time commitment, many drivers request traffic school because the benefits often outweigh the disadvantages of devoting eight hours of your time.
Court Cannot Deny Traffic School Based On Contesting the Violation
California Court Rule 4.104 outlines statewide guidelines for traffic violator school eligibility. This criterion is established under Rule 4.104, which is closely observed by California courts to guarantee that drivers are treated fairly and everyone has the opportunity to complete traffic school if eligible.
It’s a prevalent myth or misconception that the court can decide whether or not you can attend traffic school at their discretion. The request to attend traffic school is evaluated based on the facts and circumstances of the case.
Ineligible Offenses for Traffic School
In California, there are two sorts of traffic tickets. First, there are infractions, which encompass the vast majority of traffic offenses. An infraction is anything like getting a speeding ticket or running a red light.
Misdemeanor traffic ticket, on the other hand, is a more serious driving crime that includes driving without a license, driving while intoxicated, and speeding excessively. A driver who has received a misdemeanor traffic ticket is not qualified to attend traffic school.
The following are examples of situations where traffic school is not an option:
- Some violations, as specified in Rule 4.104, are also ineligible for traffic school. It is ineligible if the violation has more than one point on a driver’s record. The driver will not be able to attend traffic school if the infraction is related to alcohol use, alcohol possession, drug use, or drug possession.
- Also, if you had a previous violation within the last 18 months and opted or attended traffic violator school for that violation, you will not be able to attend traffic violator school for the subsequent offense. You will be ineligible if you receive a speeding ticket while hauling flammable liquid in a tank truck (Vehicle Code 22406.5).
- You will not be permitted to attend a traffic school course if you do not appear in court, as required by Vehicle Code 40508 (a). The violation is eligible if the failure to appear charge has been adjudicated or any fines have been paid. Similarly, if the offender has failed to appear in court as required by Penal Code 1214.1, the driver is ineligible until all fines have been paid.
Eligible Offenses
If the violation was an infraction that wasn’t listed above, it’s likely that it falls under the categories of infractions that qualify for traffic school. When the defendant has a valid driver’s license and asks to attend traffic school, it can be approved.
In Conclusion, Can the Court Deny Traffic School in California?
Under Vehicle Code 41501 (a), 42005, or otherwise permitted by law, the court judicial officials have the authority to force an individual to attend traffic school. However, this does not give the court the authority to refuse traffic school on a whim. The rules outlined above must be followed in order to refuse someone traffic school in an arbitrary manner. Also, the court is not compelled to explain why a traffic violator school request was granted or denied on the record.
Please contact us at Ticket Snipers if you have any questions about traffic school and how to defend your vehicle against speeding citations. We are available 24/7 if you’d like to chat with one of our trained consultants about speeding ticket defense.