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CA VC1808.7. (a) Traffic School 18-month period

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CaliDriving

Junior Member
What is the name of your state (only U.S. law)? California

I currently have 0 points on my record, which is how I've always had it and how I like to keep it in an effort to be a responsible driver. However I'm not perfect. I did take traffic school for a 3/17/2013 speeding ticket. On 11/8/2013 I received a citation for impeding traffic, and have an arraignment scheduled for 9/26/2014.

Correct me if I'm wrong, the VC section which defines the timing when traffic school can hide points is this:
1808.7. (a) The record of the department relating to the first proceeding and conviction under Section 1803.5 in any 18-month period for completion of a traffic violator school program is confidential, shall not be disclosed to any person, except a court and as provided for in subdivision (b), and shall be used only for statistical purposes by the department. No violation point count shall be assessed pursuant to Section 12810 if the conviction is confidential.

1. An informal "FAQ" document from the court states that the 18-month period is between violation dates. However, the ticket's courtesy notice says "one conviction in any 18-month period will be held confidential if you complete traffic school". In my situation, if I plea/found guilty I won't be convicted until October, so I want to fully understand the law. Between "first proceeding", "conviction", violation, and "completion of traffic school" I'm a bit confused.

2. What is the "first proceeding"?

3. "First proceeding and conviction" sounds like an oxymoron to my layperson's ear, since the conviction is usually at a different date than the first proceeding (and the violation).

4. Is it a black or white situation: points on record for 3 years, or nothing, based on the 18-month marker? If 17 months pass between two violations, does it mean that violation #2 will stay on record for 3 years regardless of traffic school; and if 19 months passed I could take traffic school and violation #2 will never get on the record?)

5. Also, I saw this on one traffic schools' website:
If you�re deemed ineligible for traffic school because you�ve attended it within the past 18 months, you can go to court and put in a special request to go to traffic school. Your violation and the completion of traffic school will still appear on your DMV record, so the primary reason for asking to go to traffic school in this case is if you hope to keep your insurance rates low.
Does this make any sense? I thought the insurance companies look at any points they can see on your record, and do their math based on that. They don't actually care whether you took traffic school or not (unfortunately. There's no incentive to take further driver ed, but that's a different story).

Naturally, being certain whether I can or cannot attend traffic school is important to decide how to plea and whether it's worth trying to fight the ticket in court.

Thank you.
 
Last edited:


FlyingRon

Senior Member
It's the violation dates that matters. If you're eligible (which you are not) you could take the course and duck the point regardless of when your court date was scheduled.

This is a hard and fast limit, there's no wiggle room for 17 months or any other hard luck story.

Taking traffic school hides the violation from both the DMV's point assessment system and disclosure to your insurer.
However, in California, the point calculation has nothing necessarily to do with your insurer. Your insurer will score your citation based on their own rules and may give credit for some defensive driving classes even if the state won't.
 

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