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  1. #1
    syed8343 is offline Junior Member
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    How to appeal for closed case to change from moving violation to a non moving violati

    What is the name of your state (only U.S. law)? Pasadena, California. If anyone can guide how to address am appeal to modify the charge to a non moving violation coasting charge under vehicle code section 21710. As I read on line that if your job requires you to drive, the Judge can dismiss the points but he refused as after the new law, no more traffic school. One ticket is in 2010 and the other is in 2011 I have to address an appeal to the same judge or to file a proper appeal to the same court.

    (a) Under DUI, who do lot of property damage, kill innocent, their DUI charges can be expunged;
    (b)Those arrested on some charges, sentenced/prison, charges were expunged to get job. Even Job Counselor expunged their record, so they get a job.
    (c) How come a person, whose job require him to drive, get moving violation points, cannot be expunged by the same court or filing an appeal so that the Court convert the charges to a non-moving violations, or allow a 12-hrs class, even individual does not have the change to get traffic school.

    How can I set aside my infraction point, so I can get the job back as my company does not allow me to drive, if I have 2 points in a year.
    Through this comments, I would like to place a question on the Legal Advice Community and all relevant authorities how to solve this scenario on equitable basis whereas number of unemployment rate is on the rise. On one side, those who kill under DUI or go to prison, can expunge their record whereas on the other hand not allowing to expunge DMV infraction points as their job allow them to drive.
    Last edited by syed8343; 02-25-2012 at 12:06 AM.
  2. #2
    demurringdude is offline Member
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    The court cannot change what is on the ticket. It can only find you guilty or not guilty, or dismiss the ticket. It can't decide you should have been charged with something different.
  3. #3
    syed8343 is offline Junior Member
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    After reviewing the application, The Judge has the discretion as per Vehicle Code 41501 to dismiss or change it. Seen people attending traffic school 3 times in a year as permitted by the Judge.
  4. #4
    demurringdude is offline Member
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    Quote Originally Posted by syed8343 View Post
    If anyone can guide how to address am appeal to modify the charge to a non moving violation coasting charge under vehicle code section 21710.
    Is it possible to be coasting, but not be moving? I'm not following your question at all.


    21710. The driver of a motor vehicle when traveling on down grade upon any highway shall not coast with the gears of such vehicle in neutral.
  5. #5
    davidmcbeth3 is offline Senior Member
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    Quote Originally Posted by demurringdude View Post
    Is it possible to be coasting, but not be moving? I'm not following your question at all.


    21710. The driver of a motor vehicle when traveling on down grade upon any highway shall not coast with the gears of such vehicle in neutral.
    He wishes a moving violation for coasting to be changed to a non-moving violation so he can keep his job.

    Coasting is very dangerous if the vehicle is not running.

    The OP is likely not going to get this changed to a non-mover. But he can always hope.
  6. #6
    demurringdude is offline Member
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    This might be useful... (last line)

    V C Section 12810 Violation Point Count

    Violation Point Count

    12810. In determining the violation point count, the following shall apply:

    (a) A conviction of failure to stop in the event of an accident in violation of Section 20001 or 20002 shall be given a value of two points.

    (b) A conviction of a violation of Section 23152 or 23153 shall be given a value of two points.

    (c) A conviction of reckless driving shall be given a value of two points.

    (d) (1) A conviction of a violation of subdivision (b) of Section 191.5 or subdivision (c) of Section 192 of the Penal Code, or of Section 2800.2 or 2800.3, subdivision (b) of Section 21651, subdivision (b) of Section 22348, subdivision (a) or (c) of Section 23109, Section 23109.1, or Section 31602 of this code, shall be given a value of two points.

    (2) A conviction of a violation of subdivision (a) or (b) of Section 23140 shall be given a value of two points.

    (e) A conviction of a violation of Section 14601, 14601.1, 14601.2, 14601.3, or 14601.5 shall be given a value of two points.

    (f) Except as provided in subdivision (i), any other traffic conviction involving the safe operation of a motor vehicle upon the highway shall be given a value of one point.

    (g) A traffic accident in which the operator is deemed by the department to be responsible shall be given a value of one point.

    (h) A conviction of a violation of Section 27360 or 27360.5 shall be given a value of one point.

    (i) (1) A violation of paragraph (1), (2), (3), or (5) of subdivision (b) of Section 40001 shall not result in a violation point count being given to the driver if the driver is not the owner of the vehicle.

    (2) A conviction of a violation of paragraph (1) or (2) of subdivision (b) of Section 12814.6, subdivision (a) of Section 21116, Section 21207.5, 21708, 21710, 21716, 23120, 24800, or 26707 shall not be given a violation point count.
    Last edited by demurringdude; 02-25-2012 at 09:01 AM.
  7. #7
    demurringdude is offline Member
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    Quote Originally Posted by davidmcbeth3 View Post
    He wishes a moving violation for coasting to be changed to a non-moving violation so he can keep his job.
    I understood what he said. But the number of points is fixed separately for each and every every VC violation (see this list for example [url=http://dmv.ca.gov/dl/vioptct.htm]Vehicle Code Violations used in Negligent Operator Counts[/url]). In this particular case, no points. I don't see where a judge has any discretion to change anything, either the code section or the number of points.

    How does this thing you call "changing to a non-moving violation" actually happen in detail?
  8. #8
    demurringdude is offline Member
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    Quote Originally Posted by syed8343 View Post
    After reviewing the application, The Judge has the discretion as per Vehicle Code 41501 to dismiss or change it.
    Please point out exactly where 41501 gives a judge the authority to change a ticket:


    41501. (a) After a deposit of bail and bail forfeiture, a plea of guilty or no contest, or a conviction, the court may order a continuance of a proceeding against a person, who receives a notice to appear in court for a violation of a statute relating to the safe operation of a vehicle, in consideration for successful completion of a course of instruction at a licensed school for traffic violators and pursuant to Section 1803.5 or 42005, the court may order that the conviction be held confidential by the department according to Section 1808.7. The court shall notify a person that only one conviction within 18 months will be held confidential.

    (b) Subdivision (a) does not apply to a person who receives a notice to appear as to, or is otherwise charged with, a violation of an offense described in subdivisions (a) to (e), inclusive, of Section 12810.

    (c) This section shall become operative on July 1, 2011.

    Added Sec. 12.5, Ch. 599, Stats. 2010. Effective July 1, 2011.



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