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Marsha411JD
Marsha411JD, Lawyer
Category: Traffic Law
Satisfied Customers: 16971
Experience:  Licensed Attorney with 28 yrs. exp. with Traffic Law issues
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Hi. I got a citation for a 21460(a), and a warning for going

Resolved Question:

Hi. I got a citation for a 21460(a), and a warning for going into the opposite turn left lane. Am I eligible for traffic school? I would like to avoid having a point added to my license/insurance fees going up, etc.
Submitted: 9 months ago.
Category: Traffic Law
Expert:  Marsha411JD replied 9 months ago.
Hello,

Thank you for the information and your question. Yes, you are eligible for traffic school on this citation. However, you will need to go to court and ask the judge to allow you to take traffic school to remove the ticket from your record. That will require that you pay the fine and complete traffic school by the date the court says you must. Once you have provided them with proof of completion, the citation (and points) comes off your driving record and the insurance company (unless they have uncanny timing) will not see the citation.

Please let me know if you have any follow up questions. I would be glad to assist you further if I can.
Customer: replied 9 months ago.


Must I apply in person at court? I heard about a request for trial by written declaration. Would that be a good idea in my case? And when I either go to court/make a written declaration, do I admit fault? Or do I just ignore that, and say that I would like to request traffic school? I have also heard of people making written declarations where they plead no contest, and then they don't have to pay the ticket at all.

Expert:  Marsha411JD replied 9 months ago.
You can request trial by written declaration, but if you want the court to grant you permission to take traffic school, then you really would be better served going in person. That though, is up to you. You will have to admit fault to get permission to take traffic school to have the citation conviction removed. No contest is an acceptable plea, however, it really serves no purpose here unless you go into an accident. No contest is still a guilty on the record books or all intents and purpose. The only real reason to plead no contest is for people who don't want civil exposure for liability issues that they could be sued for. But again, your choice. The court would generally allow you to plead no contest and request traffic school.
Customer: replied 9 months ago.


OK, so I guess I am going to court. So what do I say when I get there? Will they directly ask if I am pleading guilty or not guilty? Do I try to explain myself, or just say "Guilty, and I would like the opportunity to take traffic school?"

Expert:  Marsha411JD replied 9 months ago.
They will call your case/name and ask you how you plead. Then you either say guilty, no contest, or not guilty. If you say the first two you need to also, at that time, as the court to allow you to take traffic school to remove the citation from your record. The court (judge) will say yes or no, and tell you when your deadline is and to go pay your fine.
Customer: replied 9 months ago.


OK, one last question. on my ticket, in the "Correctable Violation" section, the officer checked off the "No" box. Does that have anything to do with my eligibility for traffic school?

Expert:  Marsha411JD replied 9 months ago.
No, that has nothing to do with traffic school. A "correctable" violation is a "fix-it" ticket that goes away once the person shows up to court and proves they have fixed the issue. These are written for broken signals, lack of current registration or insurance on the driver, etc.
Marsha411JD, Lawyer
Category: Traffic Law
Satisfied Customers: 16971
Experience: Licensed Attorney with 28 yrs. exp. with Traffic Law issues
Marsha411JD and 4 other Traffic Law Specialists are ready to help you
Customer: replied 9 months ago.


Alrighty. Thank you for your help!

Expert:  Marsha411JD replied 9 months ago.
You're welcome and best of luck to you!

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