CVC22102 - No U-Turn

[asiny]

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

My wife left her office and, within 100 yards realised she forgot her company ID (she was in a different location the next day).
Had she drove another 100yds she would have been allowed to make a u-turn legally. She did not make it the extra 100yds.

My question, could she plead a no contest, with any request to dismiss the 1-point infraction?

Coming from NJ- when the Judge calls your name, you can request to speak with the prosecutor and discuss your plea. After reading a number of threads, this is not the process in CA traffic court.

If not, then a fine and an infraction point it is with no option but to plead guilty.

Much appreciated.

 

[CdwJava]

A prosecutor is almost unheard of in CA traffic courts. In rare instances one might be present to accept pleas, but aside from some anecdotal reports, there are few instances of a prosecutor (city attorney or District Attorney) being present.

Understand that "no contest" has the same effect as a verdict of "guilty." And that guilty plea or verdict will be reported to the DMV and THAT will report in the point on her license. Now, if she is eligible for traffic school, she will almost certainly be allowed to take TS if she pleads out (guilty of no contest) at the outset. If she intends to take this to trial she may lose that option should she lose at trial ... not to mention that it seems she has no real defense.

And, no, the judge cannot waive the point - that's a function of the DMV not the court.

 

[asiny]

Hoping I am reading the forum correctly (and your post);
If traffic school is an option, this would still be an admission of no contest but- upon the court being satisfied she had successfully completed TS- the infraction would not be reported to the DMV, correct?

 

[CdwJava]

Hoping I am reading the forum correctly (and your post);
If traffic school is an option, this would still be an admission of no contest but- upon the court being satisfied she had successfully completed TS- the infraction would not be reported to the DMV, correct?

The infraction would be reported, but the POINT would not be applied to her driving record as the record would be held as confidential (i.e. non-public).

 

[asiny]

The infraction would be reported, but the POINT would not be applied to her driving record as the record would be held as confidential (i.e. non-public).

Many thanks CDW- I appreciate the clarification.

 

[aldaron]

Maybe it's possible to plead to a fixit ticket with no points, courts just want the money anyways.

 

[Zigner]

For the OP - you will not be taking traffic school PRIOR to court. You will need to pay the fine and request traffic school. You will be assigned traffic school after that.


ETA: "You" = "Your Wife"

 

[Zigner]

Maybe it's possible to plead to a fixit ticket with no points, courts just want the money anyways.

Maybe you ought not throw out red herrings

 

[CdwJava]

Maybe it's possible to plead to a fixit ticket with no points, courts just want the money anyways.

But, there's no one to plead WITH! Since city attorneys and prosecutors are almost never available for such things at traffic court, and judges cannot make these deals, there's really nothing to negotiate.