1 point on license for nothing

[sammygotaticket]

What is the name of your state? California

Around January, I was driving in heavy rain and fog and slipped in some mud on the freeway and lost control and got stuck in the muddy shoulder lane. I couldn't get my car out since it was stuck, so i called AAA to come get me using their tow-truck. About a month later, I get a letter notifying me that I have received a point on my license for this "accident", even though I inflicted no damage to ANYTHING, and my car is in perfect condition with no dents or mechanical damage of any type, please advise on how to go about this and appeal it so they take the point off my license, thanks in advance

-Sam

[CdwJava]

Technically, you were involved in a collision. When a car leaves the roadway it can be considered a collision. When it leaves the roadway on it's own, it is generally considered the fault of the driver - slippery or not. Slippery conditions generally mean that the driver should have been driving slower and with greater care.

Any collision where you are deemed the party "at fault" will result in a point being assessed against you.

I presume there IS a process to challenge this, but I cannot find it anywhere. You will have to call the DMV to ask about it. However, I doubt that there will be much you can do ... you were in a collision ... you were driving ... you were the party at fault (the embankment cannot be held at fault). There isn't much ground for wiggle room. But, it might be worth the effort.

- Carl

Fight it.

I'm not a lawyer or a cop but I do know that they can't convict you of anything without "due process."

So, get involved in the process. Presumably a case was filed with a court somewhere. If you find that the case is closed, re-open it. That requires only a one page form so long as you do it within 6 months.

Once the case is open, plead not guilty, go to a trial. If the cop doesn't show up, you win. IF the cop shows up, argue your case. You may win. (Was he even there to witness your car going off the road into the mud, or did he issue the cite on hearsay from the tow truck driver?) If you don't win, ask for traffic school.

NACOL

[CdwJava]

Originally Posted by NotACopOrLawyer

Fight it.

I'm not a lawyer or a cop but I do know that they can't convict you of anything without "due process."

It's not a conviction - it's an administrative matter - a point on the license. It's relatively simple to get ... there is a collision ... he was the only moving party ... by law, he is at fault ... he gets a point.

I am pretty sure there is an appeal process, but I don't know what it is. And I'm not really sure that he can possibly prevail.

Once the case is open, plead not guilty, go to a trial. If the cop doesn't show up, you win. IF the cop shows up, argue your case. You may win.

Traffic collisions don't work that way in CA. The report is written and submitted to Sacramento. Rarely are there subsequent charges filed. The appeal process might be with the DMV, but there won't be a court hearing on the report and the subsequent assigning of fault. And per SWITRS (our collision reporting procedure) if there is a collision by a moving vehicleversus an unmoving object, the moving object is at fault. It's kind of hard to determine that the embankment was at fault.


- Carl

CDWJava is probably right and I am probably wrong. It likely never went thru a courthouse or a trial process. More than likely it is just the result of an officer filing an accident report.

But both he and I can agree that there is has to be a process for contesting what has happened. Probably, as he suggested, the place to start will be at the DMV. Ask them, "How do I get this @&%$#!! point off my record?"

If it happened to me, I would definitely fight it.

Once you have found out about the process, come back here and tell us, so that we can pass the knowledge onto the next person with a similar situation.

NACOL

[CdwJava]

Ditto what NACOL wrote.

- Carl

[sammygotaticket]

Just contacted the local CHP, they told me they have a report for the collision that I can go and pick up. They said if there exists a disagreement, I can talk to the CHP officer there and request a correction, I will let you all know how this goes, thanks again

-Sam

[sammygotaticket]

Just got back from CHP..
In the police report the officer reported minor damage to the front passenger side of my car, even though no damage had occured and that side of the car was filled with mudd. I've filled out a supplementary, which the CHP officer at this location said he will forward to the officer which was on the scene that day(since he works at a different location now). He said if the officer for some reason may remember there was no damage, then the point will be dismissed. Otherwise, it stays!!! I think this is completely unfair since it's his word against mine, and his word is the way it goes. The tow-truck guy is a witness that my vehicle sustained no damage, as he pulled it out and was surprised it was in perfect shape. If the officer doesn't play along, and the point remains, is this something I could take to court and win?

[CdwJava]

Originally Posted by sammygotaticket

If the officer doesn't play along, and the point remains, is this something I could take to court and win?

I don't think you will find spending a few grand on an attorney to get one point removed from your license will be worthwhile ... unless it is going to cause your license to be suspended.

Plus, while I don't have the specific definition of a collision as defined in SWITRS here at home, I am pretty confident that damage is not a required element of a collision. I can find out for certain on Monday.

- Carl

Yes there probably is a way to "take it to court" (or some kind of administrative hearing) but that could be a lot of hassle for you. So here is what I would do to maximize the chances that the officer who wrote the report will change it.

I would offer to bring my car by for him to look at it. He should be experienced enough to be able to tell that there has been no bodywork done on that portion of the car. (Lack of overspray on bolts holding fender to car, etc.)

NACOL

[CdwJava]

I found this link at the CHP site that also includes a contact number for the DMV that might help:

[url]http://www.chp.ca.gov/html/aiufaq.html[/url]

- Carl

[CdwJava]

Okay, I found the SWITRS definition of a Traffic Collision:

"An unintended event that causes death, injury or property damage involving a motor vehicle in transport (in motion or in readiness for motion) on a roadway (a way or place) any part of which is open to the use of the public for purposes of vehicular travel."

I was mixing up the fact that a vehicle does not have to be damaged to be "at fault" with the definition of a collision. So, it would seem that if it could be shown that NO damage occurred (which I find difficult to believe that no scuffing or dings happoened at all, but I suppose it's possible) then I suppose you couldn't be found at fault as no traffic collision would have technically occurred.

- Carl