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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Traffic Law
Satisfied Customers: 29312
Experience:  Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.
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I was given a 22406B violoation but it looks like it should

Customer Question

Hi I was given a 22406B violoation but it looks like it should have been a 22406A. It looks like the fine for (A) is less that that for (B)
But anyway, I think now I have too many points on my license, and traffic school might only take care of one point which means I still have one point too many. What can I do to avoid a suspended license?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

22406(a) and 22406(b) refer to different types of vehicles being driven. What were you driving when you were stopped? Or are you looking at 22406.1(a)-(b), which has to do with speeding while driving a commercial vehicle?

Traffic school is a little different for commercial and non-commercial drivers, so I want to make sure I'm looking at the right type of offense.

Customer: replied 1 year ago.
I was towing a boat with a pickup truck, going over 55.I'm a non-commercial driver that has just got too many tickets for speeding recently.
Expert:  Lucy, Esq. replied 1 year ago.

Thank you.

If you go to traffic school with a non-commercial license, the entire ticket is removed from your record and dismissed. You'll get 0 points if the judge allows you to go to traffic school - it's like the ticket never happened.

Expert:  Lucy, Esq. replied 1 year ago.

But 22406(b) applies to speeding while driving "A passenger vehicle or bus drawing any other vehicle," so that is the right violation.

Expert:  Lucy, Esq. replied 1 year ago.

Subsection A refers to "tractor trucks" drawing another vehicle, not a pickup.

Customer: replied 1 year ago.
Ok, but I have two tickets more than what is allowed in a 6month period before they suspend my license for too many tickets. How to deal with that? I can go to traffic school for one ticket, but what about the other?
Expert:  Lucy, Esq. replied 1 year ago.

You can see if they'll agree to drop one ticket if you plead guilty to the other. They do that sometimes, but they may not also agree to traffic school at the same time. The DA has a lot of discretion when making a deal.

Another option is to hire a local attorney to see if they can help you come up with a defense to the tickets or help negotiate with the DA on your behalf. The problem is, you have to pay upfront, there's no way to guarantee success, and you still have to pay if it winds up that one of the tickets goes on your record and you get suspended. No one can promise that won't happen. But it's possible a lawyer will get a better deal than what you could negotiate on your own.

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Customer: replied 1 year ago.
How do I meet with the DA? Do I have to request a hearing?
Expert:  Lucy, Esq. replied 1 year ago.

When you go to court on the court date, the DA will be there. Anyone who wants to make a deal can request to talk to them.