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  #1  
Old 09-25-2005, 09:31 PM
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in need of clarification please.


What is the name of your state? California

If you dont remember i was the one charged with underaged drinking but didnt get the DUI and so on. However, I was charged with MIP, california rolling stop, and CVC 23140 I believe If I remember correctly, which i should because i have heard it for 2 months now.

I believe Carl was saying that the CVC 23140 was not a criminal offense, but i am unsure if i heard correctly. Are any of the charges mentioned above CRIMINAL sentences? On the ticket both the MIP and the stop violation were circled as infractions, I am assuming that this means there not criminal matters? Well im hoping for the best.

Also What tickets go on what records?
The failure to stop is a traffic fine and will appear on my driving record. Is this considered a moving violation? Im sure it is and it will probably screw my premiums.

Thanks guys.
  #2  
Old 09-25-2005, 10:06 PM
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Quote:
Originally Posted by undecided2776
I believe Carl was saying that the CVC 23140 was not a criminal offense, but i am unsure if i heard correctly. Are any of the charges mentioned above CRIMINAL sentences? On the ticket both the MIP and the stop violation were circled as infractions, I am assuming that this means there not criminal matters? Well im hoping for the best.
Even an infraction is a criminal offense.

23140 provides for administrative penalties such as suspension and not jail time or direct fines (at least no direct fines that I can locate). It is also considered a DUI for the purposes of license reinstatement and other CVC provisions and is worth two points against your license.


Quote:
Also What tickets go on what records?
This should go on your DMV record for 7 years. The points will be effective for 3 years.


Quote:
The failure to stop is a traffic fine and will appear on my driving record. Is this considered a moving violation?
Yes.


- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #3  
Old 09-26-2005, 04:15 PM
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Quote:
It is also considered a DUI for the purposes of license reinstatement and other CVC provisions and is worth two points against your license.
I dont understand... I know i will have to pay the 100 reinstatement fine. How is it considered a DUI for the purposes of "CVC provisions" and the points on my license means that if i get another point (3 in total) my license will be suspended for how long? Or taken away permanently?

When i am applying for a new job and they ask if i have a criminal history i will have to say yes. correct? What will show when they do my background check?

So for penalties i will be getting...please correct me if im wrong
MIP - a fine up to 250 i think. I read it was 80 in some other guys post but that was in his certain situation. This also is used towards the suspension of my license. 1 POINT
23140 - no fines. license suspension. 1 POINT.
stop sign - fine of _____. POINTs on record?

Points erased after 3 years? 2008
Record cleaned? expunged? remain intact? 2012

thanks again again.
  #4  
Old 09-26-2005, 06:23 PM
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Quote:
Originally Posted by undecided2776
I dont understand... I know i will have to pay the 100 reinstatement fine. How is it considered a DUI for the purposes of "CVC provisions" and the points on my license means that if i get another point (3 in total) my license will be suspended for how long? Or taken away permanently?
When looking at prior violations, for some purposes (schools, alcohol programs, and suspension reinstatement) 23140 can be considered a DUI. I am afraid I do not know ALL the details, but there are NUMEROUS entries for 23140 throughout the CVC regarding penalties and how it is a prior.


Quote:
When i am applying for a new job and they ask if i have a criminal history i will have to say yes. correct? What will show when they do my background check?
In CA they will only ask if you have ever been CONVICTED of a crime other than a minor traffic violation (i.e. a misdemeanor or a felony) ... from what you write, you face infractions as I recall.


Quote:
23140 - no fines. license suspension. 1 POINT.
2 points. CVC 12810 et seq.


Quote:
stop sign - fine of _____. POINTs on record?
Don't know the fine, but it is a point.


Quote:
Points erased after 3 years? 2008
Remains on DMV record for 7 years, lookback period for points is up to 3 years.


Quote:
Record cleaned? expunged? remain intact? 2012
It will be there just generally hidden unless expunged.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #5  
Old 09-26-2005, 10:36 PM
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Quote:
2 points. CVC 12810 et seq.
What does this mean? oh im guessing it counts as 2 points. Will the MIP make it a 3rd point revoking my license?

Quote:
When looking at prior violations, for some purposes (schools, alcohol programs, and suspension reinstatement) 23140 can be considered a DUI. I am afraid I do not know ALL the details, but there are NUMEROUS entries for 23140 throughout the CVC regarding penalties and how it is a prior.
basically i wait to see what they have instore for me? Will the judge be able to tell me exactly what goes on my record and how many points and what not?

Quote:
Don't know the fine, but it is a point.
point on the driving record correct?

Thanks carl your the best. I owe you a double mocha and a croissant. haha.
  #6  
Old 09-27-2005, 12:40 AM
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Quote:
Originally Posted by undecided2776
What does this mean? oh im guessing it counts as 2 points. Will the MIP make it a 3rd point revoking my license?
CVC 12810 is the section that covers points and revocation of licenses for points.



Quote:
basically i wait to see what they have instore for me? Will the judge be able to tell me exactly what goes on my record and how many points and what not?
Probably.


Quote:
point on the driving record correct?
Yep.


- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #7  
Old 09-28-2005, 12:16 AM
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Posts: 72
will i be required to have an sr-22?
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