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can dmv points be contested?

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SRarea

Junior Member
What is the name of your state? CA

My husband's lawyer pleaded no contest to 23101(a), wreckless driving, with a reducton to an infraction. We were pleased with this outcome, until we got a notice that the California DMV assessed 2 points to his driving record. Because his charge was reduced to an infraction, can the 2 point assessment be contested??? If so, what would be the process?
Thanks
 


CdwJava

Senior Member
You can ask for a hearing ...

http://www.dmv.ca.gov/dl/driversafety/neg_operator.htm

... but there is no guarantee you will get one.

It seems that you may only be permitted a hearing when your license is pending action b the DMV and not before. And keep in mind that the DMV does not care whether the court lowered the offense to an infraction, it assesses points based upon the code section of the conviction.

http://www.dmv.ca.gov/dl/vioptct.htm

And ... WHAT is 23101?? There is no CVC 23101. Did you mean 23104 - Reckless driving with bodily injury? Or "just" reckless driving per 23103?



- Carl
 

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