Traffic School in California: Benefits and Eligibility
Index
- Can You Still Go to Traffic School if You Lose Trial by Declaration in California?
- What Disqualifies You from Traffic School in California?
- Can I Go to Traffic School for a Cell Phone Ticket in California?
- Does Traffic School Reduce Fine in California?
- How Many Points Does Traffic School Remove in California?
- Common Summary and Conclusion
- Sources
Traffic school in California offers drivers the opportunity to mask points from their driving records, helping to prevent increased insurance premiums. While attending traffic school does not reduce the fines associated with traffic tickets, it provides significant advantages for eligible drivers. This article explores the benefits of traffic school, eligibility requirements, and disqualifications to help you understand how to make the most of this option.
You can contest a traffic ticket in California by filling out Form TR-205, also known as the Request for Trial by Written Declaration. This form allows you to challenge your traffic violation without appearing in court by submitting your statement and evidence in writing. To get started, visit https://tr-205.instafill.ai.
Can You Still Go to Traffic School if You Lose Trial by Declaration in California?
Yes, you can still go to traffic school if you lose a trial by written declaration in California. According to California Vehicle Code Section 40902(d), if you lose your trial by written declaration, you are entitled to a new trial, known as a trial de novo, where you can request traffic school again.
Here are the key points:
-
Trial De Novo: If you lose the trial by written declaration, you can request a trial de novo, which is a new trial where you appear in person. During this trial, you can request traffic school.
-
Judicial Discretion: Even if you lose the trial by written declaration, the judge has the discretion to offer you traffic school. This is often granted to help keep points off your driving record and prevent insurance rate increases.
-
Requesting Traffic School: It is advisable to request traffic school during the trial de novo if you lose the trial by written declaration. This ensures that you are making the request in person, which might increase the likelihood of it being granted.
-
Eligibility: Ensure that your traffic violation is eligible for traffic school. Generally, minor infractions are eligible, but more serious offenses, such as those involving alcohol or drugs, are not.
In summary, losing a trial by written declaration does not preclude you from attending traffic school. You can request it during the subsequent trial de novo, and judges often grant this request to help manage the impact on your driving record and insurance rates.
What Disqualifies You from Traffic School in California?
In California, several factors can disqualify a driver from attending traffic school. These disqualifications are based on the nature of the violation, the driver's history, and specific legal stipulations. Here are the primary disqualifications:
-
Type of Violation:
- Alcohol or Drug-Related Violations: Any offense involving the use or possession of alcohol or drugs disqualifies a driver from attending traffic school .
- Non-Moving Violations: Violations such as parking tickets or equipment offenses (e.g., a broken taillight) are not eligible for traffic school.
- Misdemeanors: Traffic school is not available for misdemeanor offenses.
- Speeding Violations: If the speeding violation exceeds 25 mph over the posted speed limit, the driver is disqualified from attending traffic school.
-
Driver's License Type:
- Commercial Driver's License (CDL): Drivers with a commercial license are generally disqualified if the violation occurred while operating a commercial vehicle. However, they may be eligible if the violation occurred in a non-commercial vehicle and outside of their job.
-
Driver's History:
- Previous Traffic School Attendance: A driver who has attended traffic school within the past 18 months is not eligible to attend again for a new violation .
- Multiple Infractions: Drivers with more than three infractions on their driving record are disqualified from attending traffic school.
-
Court-Related Issues:
- Mandatory Court Appearance: Violations that require a mandatory court appearance disqualify a driver from attending traffic school.
- Failure to Appear: If a driver has failed to appear in court for a previous violation and has not resolved the issue, they are disqualified from attending traffic school.
-
Other Specific Violations:
- Violations with High Point Counts: Violations that carry 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) disqualify a driver from attending traffic school.
These disqualifications ensure that traffic school is reserved for minor infractions and that more serious offenses are handled through other legal processes.
Can I Go to Traffic School for a Cell Phone Ticket in California?
In California, whether you can attend traffic school for a cell phone ticket depends on several factors, including the nature of the violation, your driving history, and specific legal stipulations. Here are the primary disqualifications for attending traffic school:
-
Type of Violation:
- Alcohol or Drug-Related Violations: Any offense involving the use or possession of alcohol or drugs disqualifies a driver from attending traffic school.
- Non-Moving Violations: Violations such as parking tickets or equipment offenses (e.g., a broken taillight) are not eligible for traffic school.
- Misdemeanors: Traffic school is not available for misdemeanor offenses.
- Speeding Violations: If the speeding violation exceeds 25 mph over the posted speed limit, the driver is disqualified from attending traffic school.
-
Driver's License Type:
- Commercial Driver's License (CDL): Drivers with a commercial license are generally disqualified if the violation occurred while operating a commercial vehicle. However, they may be eligible if the violation occurred in a non-commercial vehicle and outside of their job.
-
Driver's History:
- Previous Traffic School Attendance: A driver who has attended traffic school within the past 18 months is not eligible to attend again for a new violation.
-
Court-Related Issues:
- Mandatory Court Appearance: Violations that require a mandatory court appearance disqualify a driver from attending traffic school.
-
Other Specific Violations:
- Violations with High Point Counts: Violations that carry 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) disqualify a driver from attending traffic school.
As for a cell phone ticket, it is considered a moving violation. Generally, first-time offenders can attend traffic school for such a violation, provided they meet the eligibility criteria mentioned above. If the driver has not attended traffic school within the last 18 months and does not have multiple infractions or other disqualifying factors, they can request traffic school to keep the violation off their record.
These disqualifications ensure that traffic school is reserved for minor infractions and that more serious offenses are handled through other legal processes.
Does Traffic School Reduce Fine in California?
Attending traffic school in California does not reduce the fine associated with a traffic ticket. However, it offers other significant benefits:
-
Masking Points: Completing a state-licensed traffic school course can prevent points from appearing on your public driving record. This helps in avoiding an increase in your insurance premiums, as the violation will not be visible to your insurance company.
-
Eligibility Requirements: To attend traffic school, you must meet specific eligibility criteria, such as holding a valid non-commercial California driver’s license, not having attended traffic school in the past 18 months, and being cited for a minor moving violation.
-
Court Fees: While traffic school does not reduce the fine, you will need to pay a court administrative fee in addition to the traffic school fee.
-
Completion Requirements: You must complete the traffic school course within the deadline set by the court, typically 90 days, and the school will notify the court of your completion electronically.
In summary, while traffic school does not reduce the fine for a traffic ticket in California, it helps in keeping points off your public driving record, thereby preventing an increase in your insurance rates.
What Disqualifies You from Traffic School in California?
In California, several factors can disqualify you from attending traffic school. Here are the primary disqualifications:
-
Commercial Vehicle Violations: If the violation occurred while you were driving a commercial vehicle, you are not eligible for traffic school.
-
Alcohol or Drug-Related Violations: Any violation involving alcohol or drug use or possession disqualifies you from attending traffic school.
-
Excessive Speeding: If you were cited for speeding more than 25 miles per hour over the posted speed limit, you cannot attend traffic school.
-
Multiple Points Violations: Violations that carry more than one point on your driving record are not eligible for traffic school.
-
Recent Traffic School Attendance: If you have attended traffic school within the past 18 months, you are not eligible to attend again for a new violation.
-
Mandatory Court Appearance Violations: Violations that require a mandatory court appearance disqualify you from traffic school.
-
Failure to Appear: If you failed to appear in court by the scheduled date and a civil assessment has been added and not paid, you are disqualified.
-
Non-Moving Violations: Violations that are non-moving, such as equipment violations, do not qualify for traffic school.
-
Misdemeanors: If the violation is classified as a misdemeanor, you are not eligible for traffic school.
These disqualifications ensure that only eligible drivers can attend traffic school to mask their violations and avoid points on their driving records.
How Many Points Does Traffic School Remove in California?
In California, attending traffic school does not remove points from your driving record but rather masks one point from being visible to insurance companies and employers. This means that while the point remains on your DMV record, it is not accessible to insurance providers, which can help prevent an increase in your insurance rates.
To be eligible for traffic school, you must meet certain criteria, such as having a valid driver's license, the violation being related to a non-commercial vehicle, and not having attended traffic school for another violation within the last 18 months.
Common Summary and Conclusion
In summary, traffic school in California provides significant benefits, such as masking points on your driving record to prevent increased insurance rates. Eligibility for traffic school is determined by various factors, including the nature of the violation, your driving history, and specific legal stipulations. While attending traffic school does not reduce the fines associated with traffic tickets, it helps maintain a clean driving record. Ensuring you meet the criteria for traffic school can be crucial in managing the long-term impact of traffic violations.
- Failing to complete traffic school by the court-imposed deadline can result in the violation being recorded on your driving record, leading to points and possible insurance rate increases.
- Ensure you enroll in and complete the traffic school course well before the deadline to avoid additional penalties.