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Is it worth a point ... and?

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P

Peety

Guest
>>What is the name of your state?
>>California.

I was cited for non-compliance with the seat belt law six years ago (to the very month) on a surface street where I live by the city police. I was fined $22, told it was not a moving violation, and that it was not going to add any points to my driving record. I was also told that a second offense (within 2 years) amounted to the fine being doubled, leading me to the conclusion that it would come off my record at that point in time as well. I paid the fine and, because I usually wear my seat belt, mentally dismissed the issue.

I was again cited for non-compliance with the seat belt law just two weeks ago. This time it was on a freeway, and I was cited by the CHP. When I recieved the courtesy notice the fine was $85, or $114 if I wanted to attend traffic school. :eek:

:confused: This leads me to a series of questions: :confused:
* Is this still a "no-point" infraction?
* How long does this infraction stay on my record?
* Have the fines increased that much?
* Is the amount so different because it was on a freeway?
* Is this considered my second offense?
* Is it a "no-point" infraction for the second offense?

I'm the first to admit my driving habits are not the best, as I seem to get a ticket about every 2 to 3 years or so, usually for speeding. So I'd prefer to save my traffic school option for an actual moving violation (I think), instead of throwing it away on a pointless infraction of the California Vehicle Code.

But, that traffic school option thrown in there has messed with my head, coupled with the four fold fine ....... Please help me see WHAAZZZUUUUUP.
 


P

Peety

Guest
krispenstpeter said:
Remember this post?

https://forum.freeadvice.com/showthread.php?t=181138

If you're qualified to answer this poster then you're qualified to answer your own.

I fail to see how you came to that conclusion. Your reply to my query wasn't helpful at all krispenstpeter, and seemed to me to be accusatory and hostile in nature. What is this, newbee hazing? I doubt I would have gotten a reply like that If I called the CHP.

~I know about leins, I have been involved in contract law.
~I know about unpaid tickets; I forgot (really) to pay a parking ticket once, and was arrested later for it. But I paid the fine, and the late fees in cash that night and was released.
~I DO NOT KNOW specifics about the CVC, and I came here to ask about that.

I will pay my fine regardless of the amount (even if I whine or wince doing so). I simply want to know more information about the CVC point system, specifically in reference to CVC 27315D, with two offenses over a six year time period. I am not asking for advice, I'm asking for information.
 

I AM ALWAYS LIABLE

Senior Member
Peety said:
I am not asking for advice, I'm asking for information.

My response:

Perhaps you didn't understand, but the name of this site is "FreeAdvice", not "FreeInformation".

All of your questions can be answered by using Google.

IAAL
 
P

Peety

Guest
SO .... they do come in three's

Then I guess I'm on the wrong forum .... I've had warmer welcomes from alligators !!!! Thanks for all your help guys and gals ;)

~~~~~~~~~~

So, I should disregard the header on the top of this site ..... specifically:
Posting a question in the forum? Your question may have already been answered. Please first check our home page links to full sections of professionally answered questions. Then search the forums archive of over 590,000 previously posted Q & A s. Questions about U.S. law ONLY. Please Include your state, be civil, brief, and to the point, and use lower case letters..
HMMMMM????

Now I'll look at your "home page links to full sections of professionally answered questions." My mistake obviously was coming to this forum instead of searching those links ..... seeming as I was looking for my question to be answered with some professionalism.

I saw nothing about "only asking for advice". That must be one of those unspoken forum rules you are sent by email once you're not a "Junior poster" anymore and have allowed yourself to have been buffeted about by numerous Senior Members for an acceptable period of time (acceptable to them). If that's the reality of this forum then I'll just go away. I did not sign up for this kind of reaction.

I came here and asked for help asked for help.
I was told I didn't have the right to >> ask ... and answer.
I re-stated my query and was told >> I was only allowed to ask for advice.

Thanks, but no thanks. I don't need advice. Just answers on CVC.
I've been treated worse by better, and better by worse; but I have the ability to chose my surroundings, my associates and what I subject myself to.
 
Last edited:

CdwJava

Senior Member
I posted this under another topic where I found it ... but here it is again:

""""* Is a violation of CVC 27315D considered a moving violation?"

No.

""""* Is it treated differently if it is on a surface street as opposed to a freeway?"

No.

""""* Is (either of the above) a point generating citation?"

No.

CVC 12810.2. Notwithstanding subdivision (e) of Section 12810, no
violation point count shall be given for a conviction of a violation
of Section 27315.


"""""* How long does the conviction stay on your driving record?"

I believe they remain on your DMV driver's license record for up to 7 years.

""""* If there is a second conviction (six years later) is the first, does the second or both become point generating citation(s)?"

I don't think so.



Hopefully that helps a little.

Carl
 
P

Peety

Guest
Thank you for your timely and helpful response.

If it's not a "point" thing ......
...... any idea as to why they offered "traffic school" as an alternative?
 

CdwJava

Senior Member
""""If it's not a "point" thing ......
...... any idea as to why they offered "traffic school" as an alternative?"

I can only guess it would be to keep it from being retained on your driving record which may be accessable by insurance companies and employers (under certain circumstances).

You may consider saving the traffic school option for another time.

Carl
 
P

Peety

Guest
Yes ....

That was my original plan ...... provided ...... Thanks again !!
 

CdwJava

Senior Member
I don't know about Peety, but I'm saving that link for future reference. It seems to have a good summary of state laws for license issues. Cool.

Carl
 
K

krispenstpeter

Guest
Just for future reference Carl, that site will be wrong in a few weeks as far as Tennessee is concerned.

At present, there is no law in tennessee that allows an officer to pull you over for not wearing a seat belt. If a seat belt ticket is issued it MUST be in conjunction with a valid stop for another traffic violation.

However, the state legislature has just passed a bill and it's sitting on the Governor's desk for signature that would allow officers to make seat belt based stops.

Of course, when it will be signed is another question.
 

CdwJava

Senior Member
In CA our seatbelt laws have changed a couple of times in that same regard. When I first started, we couldn't pull people over for seatbelt violations - we could cite if stopped for other reasons only. Then they changed it to allow us to pull over seatbelt violators ... then they changed it back when the law tolled ... then they enacted it again.

Yeesh!

And some of our vehicle codes have duplicate entries - one for the law right now and another for what it will be when the section tolls in a couple years or so ... sometimes I feel we need a wi-fi connection with Sacramento from the field to determine which laws are still good at the time of stop!

Carl
 
P

Peety

Guest
--PARIDISE-- said:
Three violations of the seatbelt law?
Nope.

Once six years ago + once two weeks ago = Two violations - in 30 some-odd years, with an average travel rate of 25K to 40K annually, almost all of which is in the Greater SF Bay Area.

Both times I had gotten in the car, put on my seatbelt, started to go somewhere ~ but on impulse had stopped at a store to get a soda, and had simply forgotten to put it on when I returned to the car.

I never said I was right for not wearing it .....
...... nor did I say that I had a problem with the law.

I learned to drive before it was mandatory to wear restraints, and have learned to adjust (for the most part) pretty well IMHO. I travel through heavily populated, well patrolled, areas at the rate and duration (stated above) and have only been cited for that twice ..... ever. You do the math, I think my record speaks for it's self. That's pretty high exposure compared to the average person.

I do get tickets regularly (failing to use turn indicator) or (70 in a 65) or (forgetting to put the registration sticker -that's in the glove box- on the plate) or (tail light out) about once every 2 or 3 years. If I was as bad about not wearing my seat belt as you seemed to imply, I would have easily been cited for that too numerous times, when pulled over for these other reasons. I've learned to expect to get a ticket every so often. With my rate of exposure and my locality, it's to be expected.

I don't deny my part in these instances. I know I'm not a saint, but I'm also not public enemy #1. I'm fully aware of my choices, and the risks I take.

:cool: Thanks for the link though, ..... Really ..... :cool:
I'll check it out.
 

Shay-Pari'e

Senior Member
(QUOTE)with an average travel rate of 25K to 40K annually, almost all of which is in the Greater SF Bay Area.(QUOTE)

Guess what? So do I and many others. I deal with the San Fran traffic on a daily basis, but I have never been pulled over.

You cannot use that excuse.
 

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