Ever since the California Vehicle Act of 1914 created the laws pertaining to vehicles and driving, the California Vehicle Code has slowly evolved into what we know today. Before 1969, traffic violations were handled as criminal misdemeanor offences. You could actually demand a jury trial for any sort of traffic violation: (e.g., Speeding, Red Light, etc.). The law was amended on January 1, 1969 which created the “Infraction.”
To this day, traffic matters in California are still handled as criminal proceedings which means that you are innocent until proven guilty.
However, many people are under the impression that they need to fight the ticket, or attend traffic school, to remove the conviction from their driving record. This is incorrect. You are fighting the ticket to prevent the conviction or points from going on your driving record.
The California Department of Motor Vehicles uses a point system to determine the driving capabilities of each driver. For example, if you accumulate the following:
*Four points within 12 months
*Six points within 24 months
*Eight points within 36 months
You will (most likely) lose your Driver’s License or the privilege of driving in the great state of California.
Each traffic infraction, that is identified as a moving violation, consists of one or two points on your driving record. For example, if you plead guilty, or are found guilty, of a Basic Speed Law violation (e.g., 50-mph in a 35-mph zone), or a Stop Sign violation, you will receive one point on your driving record. If you plead guilty, or are found guilty, of Speeding in Excess of 100 mph. you will receive two points on your driving record.
If you have a non-moving violation, (e.g., Broken Taillight, Tinted windows, etc.), you will not receive a point on your driving record. An attorney can help you differentiate between these two.
These convictions (points)tare amassed by the violation date. That is, the date that you received the traffic ticket. Most people wrongly assume that it goes by the conviction date. This is incorrect!
It is important to note that these points typically stay on your driving record for seven years. However, they only affect your insurance rates for three years.
Most Traffic Attorneys give free consultations and can often help you litigate your traffic ticket with great results. It may be worth it to take advantage of their expertise.
Contact us today if you need help. We have over 25 years of experience fighting traffic tickets and helping people reinstate their license.
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