I’m cleaning out my inbox as I transition from POP3 to IMAP and I thought I’d share this bit of tortuous research I went through a few years ago. In California, it is legally possible to take traffic school more than once every 18 months. It is not the default policy, but if you ask really nicely, you can do it.
Attending Rocky Cologne’s comedy traffic school for a minor speed infraction, I learned how to ask (politely) for an exception to the rule and Rocky provided me with the relevant CVC code sections and a basic outline.
Here’s the letter:
8/28/2001
Judge XXXXXX
3368 Lake Tahoe Blvd. #100
South Lake Tahoe, CA 96150Your Honor,
I received a moving violation CVC 22349 (docket #________) on July XX, 200X and would like to plead my case with an explanation. Your honor, I use my vehicle primarily for my occupation and cannot afford to have this violation on my record, for insurance and work purposes. [insert some personalized phrase here that demonstrates you believe in safety; it could be prior high-performance driving experience, losing a family member or friend to a car crash, like: “Having received eight days of high-performance and accident avoidance/car control training in the past twelve months”], I take a serious and responsible approach to traffic safety. I have learned the dangers of speeding on public roads and it is never my intention to break the law. On the day of the citation, I was [a brief explanation of what you were doing, like: “returning home early from a weekend vacationing in South Lake Tahoe”] because I was not feeling well. Being that I was fatigued on this occasion, I was not being as aware as I should have been.
Due to the fact I utilize my vehicle as stated above, I would like to ask if I might attend traffic school to have this waived from my record. I would like to attend traffic school under California Vehicle Code 41501.
I know you are very busy and I thank you for your time regarding this matter.
Sincerely,
Your Name
123 Anywhere Road
San Francisco, CA 94107
(xxx) xxx-xxxxCA DL#: ___________
Licence Plate: _________
Docket: __________
Worked like a charm for me when I was caught trying to pass a few too many cars in South Lake Tahoe. I used this letter to successfully attend traffic school 14 months after my prior “visit”. This eliminated the points from my record and my insurance premiums never increased.
Here is the original from Rocky. I think Rocky types while intoxicated:
To the Judge or Commissioner of the traffic docket:
I received a moving violation CVC21940 (what your ticket violation was, should say on your ticket)…my docket number is: 696969 on July 1, 3010 and would liek to plead my case with an explanation. Your honor, blah blah blah (your plead your case, blah blah blah), I use my vehicle alot for my occupation and cannot afford to have this on my record, for insurance and work purposes. I take serious and responsible approach to traffic safety and it is never my intention to go above the law. Being that I was fatigued and nto feeling well on this occasion I was not beign aware.
I due to the fact I utilize my vehicle alot, as stated above, I would liek to know if I can attend traffic school to have this waived from my record. I would like to attend traffic school under California vehicle code 41501.
I know you are very busy and I thank for your time to this matter.
Sincerely,
Jennifer The red light Runner
123 anywhere street
BOise, Idaho
D.L. # 6666666
Veh. Lic. rucrzyyet
dockt# 696969696
And here are some more answers to questions I asked that you might ask too:
This is the scoop….write to the judge….it’s called Trial by Declaration….address it to the Traffic Commissioner and explain to the judge what you just told me….DON’T make the cop wrong…that will only piss the judge off…..and at the end of the letter ask the judge if you can go to traffic school under C.V.C. 41501. I will try to look for a form copy to send you….if you have anymore questions, feel free to call me and ask for me directly….
Q: Can I request the officer’s notes from the court?
A: sure you can….but the chances are you will piss off the judge…Q: I’m a trained driver – I’ve attended several days of high performance and accident avoidance/car control driving instruction in the past 12 months. Does it work for or against me to mention this?
A: I would mention this….Q: Is writing the judge any better or worse than appearing before him
A: It’s always better to write…..cause your dealing with him on a one on one….Q: I own my own business, so should I mention that in the form letter as a reason?
A: no…they don’t care…..
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Nathan Dintenfass said:
on July 7, 2006 at 7:23 pm
Speed demon, eh?
brian said:
on July 7, 2006 at 10:40 pm
Not anymore! I putt around in a giant truck. Nothing to keep your speed reasonable like piloting 6800lbs of metal around. Although it has really good brakes…
Paul said:
on September 7, 2006 at 4:23 pm
Thanks for the info.
I got the courtesy note with options to Contest:
* Court Trial
* Arraignment
Or to accept the charge and pay the fine (with no traffic school).
Which option to I pick? Do I send the letter along with the courtesy note? I could really do with some advice here.
brian said:
on September 7, 2006 at 5:11 pm
Two things – first, you may not always have the right to attend traffic school due to the offense. E.g., reckless driving can’t go to traffic school. Same with certain speeding tickets if you’re over a threshold speed.
Second, there is a new form that the state is sending out that does not include Trial By Written Declaration as an option. In fact, on some forms, it explicitly says Trial By Written Declaration is not accepted. This however, would be a violation of the CVC.
A woman I race with received this form, called the county clerk (this was in the Hayward area) and the clerk told her to write in a third option for Trial By Written Declaration and send it in. If you’re unsure, call the county clerk and confirm. They can NOT deny you the right to Trial By Written Declaration per the vehicle code. You still need to pay when you send in your written declaration like the other options.
This new form seems like a sneaky way to increase revenues to me…
david said:
on October 25, 2006 at 12:16 am
I was given a second ticket this year and the telephone recording from the court (San Mateo County) says I’m eligible for traffic school. Thus I could mail in my check and attend – but I’ve taken traffic school within the past 18 months. I think the court system is wrong. If it allows me to take TS, is there any catch to doing so?
Brian said:
on October 25, 2006 at 10:07 am
@David: I wouldn’t trust the telephone recording; you’re relying on their systems being fully integrated AND providing you the right information. Two assumptions that in my experience are rarely true with a government agency. If you call and talk to someone, they should be able to confirm that you are not eligible by default. Nothing prevents you from writing the judge as described above and requesting traffic school again.
Remember, they are not obligated to allow you to repeat. If you get two tickets one week apart, I doubt they’ll consider this “an accident”. But with the budget deficits everywhere, the odds of obtaining a reprieve for your average ticket are pretty high and the cost is essentially nil.
david said:
on October 25, 2006 at 10:12 am
Calling did confirm I am eligible. I went in person to the window and they were willing to accept my payment + traffic school fee and issue the traffic school paperwork authorizing me to take the class.
Is there any reason not to proceed and take traffic school?
brian said:
on October 25, 2006 at 11:25 am
Yes, if you prefer to pay higher premiums on your insurance.
If they say ok, go for it!
Tom said:
on April 11, 2007 at 2:25 pm
Hi David,
I have the same situation as yours – two tickers within 18 months. I have attended traffic school for the first one. The San Mateo court says that I am eligible to go TC as well.
Did you go to TC with your 2nd ticket? Did they clear you violation? Please advise! Thanks!
brady said:
on April 14, 2007 at 2:23 pm
might wan’t to read this:
Traffic school is a program that allows certain moving violators to receive instruction in driving and traffic safety. A court may refer you to a Traffic Violators program at any time. However, California Vehicle Code Section 1808.7 mandates that only one citation in an eighteen (18) month period be masked from public view on your driving record. The eighteen (18) month period is calculated from citation/violation date, not class attendance date.
brady said:
on April 14, 2007 at 2:25 pm
Here is the site:
http://www.lasuperiorcourt.org/traffic/trafficSchoolList.asp
matt said:
on May 18, 2007 at 4:13 pm
You guys are so lucky. I just got my 2nd ticket this year
(crossing yellow line in HOV lane) . I hope that I can take TS.
Can I attend traffic school after 18 months for this violation if I can’t take it right now? Thanks
brian said:
on May 28, 2007 at 3:16 pm
@Matt: the 18 month period is based on citation date, not traffic school date. Your best bet is to write the nice letter, admit your guilt and ask for forgiveness as described above.