Officer said non-point if i plead guilty

[danthecarman]

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

I was pulled over for 60 in a 40. I said, "ouch two points is painful since I have a CDL"
Officer said just plead not guilty and it will be a non point
I asked how does that work and the officer said just send in the information to the court pleading not guilty, I will meet you there at the court and take care of the rest.
What on earth does this mean?
And why would the officer help me to keep points off my record?
Should I do as told or fight this one? I know with a CDL I am not able to go to traffic school.

 

[CdwJava]

First off, what code section were you cited for?

I make it a point of never telling people what WILL happen in a particular circumstance only what might happen. Laws change, and policies change, and what might hold true at one point in time can change as time goes on.

But, pleading "not guilty" doesn't really hurt you as all that does is give you time and schedules a trial date down the road. It could be that your county allows a plea deal in such matters and maybe the officer knows how that works there. It could be that he has a soft spot for commercial drivers so he's willing to help you out. It could be he's entirely mistaken or blowing smoke up your tailpipe.

Be cautious, but, he could be entirely on the level as policies do vary by county.

 

[davew128]

Were you driving your own car or your truck? Makes a difference.

 

[Zigner]

Were you driving your own car or your truck? Makes a difference.

You are assuming the OP is a truck driver. You may very well be right, but maybe the OP's a limo driver - or a bus driver.

 

[danthecarman]

First off, what code section were you cited for?

I make it a point of never telling people what WILL happen in a particular circumstance only what might happen. Laws change, and policies change, and what might hold true at one point in time can change as time goes on.

But, pleading "not guilty" doesn't really hurt you as all that does is give you time and schedules a trial date down the road. It could be that your county allows a plea deal in such matters and maybe the officer knows how that works there. It could be that he has a soft spot for commercial drivers so he's willing to help you out. It could be he's entirely mistaken or blowing smoke up your tailpipe.

Be cautious, but, he could be entirely on the level as policies do vary by county.

Thank you for the reply. On the citation it states:

Under The Code and Section

Correctable Violation (VC 40610)
it is marked NO

VC 22350 SPEEDING BASIC SPEED LAW

and the boxes P/M/I the I is marked. (Misdemeanor or Infraction)

 

[FlyingRon]

Never take legal advice from the cops.

 

[CdwJava]

Never take legal advice from the cops.

<sigh>

Once again, while the officer may not necessarily understand the LAW as it is constituted, most officers understand how their courts work better than many attorneys that occasionally pass that way do. While it might be silly to state that pleading not guilty will help the OP get a break on the points issue, the officer likely knows something WE do not. For instance, he might know that on court days there is an ADA in the hall that is accepting pleas to lesser offenses for those that approach him, or that if the officer is there and talks to the DA this can happen.

I can't say for sure why the officer suggested this, but, since he did NOT advise the defendant to plead GUILTY, it seems clear that he knows something about what occurs there and that he might be able to mitigate matters for the OP.

However, the OP is certainly free to ignore the advice and plead guilty, get his two points, and suffer the consequences ...

 

[CdwJava]

Thank you for the reply. On the citation it states:

Under The Code and Section

Correctable Violation (VC 40610)
it is marked NO

VC 22350 SPEEDING BASIC SPEED LAW

and the boxes P/M/I the I is marked. (Misdemeanor or Infraction)

Were you operating a vehicle that required your CDL at the time?

What class of California license do you have?

 

[davew128]

You are assuming the OP is a truck driver. You may very well be right, but maybe the OP's a limo driver - or a bus driver.

Point taken. Lord knows I see plenty of those around here. Party bus drivers that is.

 

[danthecarman]

Were you operating a vehicle that required your CDL at the time?

What class of California license do you have?

No the vehicle was my personal and did not require a class A

And the class I have is A: Doubles/triples/hazmat/tanker

Again thanks

 

[CdwJava]

Then this should be a one point violation. It also appears that you should be eligible for traffic school.

Because of the harm that a point can do to your employment and driving record, you might consider engaging an attorney that deals with commercial drivers and citations. Just to have peace of mind might make it worth the cost.

 

[davew128]

As I understand it, the law was changed not so long ago so that someone with a CDL would be eligible for traffic school (assuming the normal rules are also met) IF they were not driving a vehicle requiring the CDL at the time of the violation. 60 in a 40 is JUST under the limit where traffic school should be eligible.

 

[danthecarman]

Then this should be a one point violation. It also appears that you should be eligible for traffic school.

Because of the harm that a point can do to your employment and driving record, you might consider engaging an attorney that deals with commercial drivers and citations. Just to have peace of mind might make it worth the cost.

I did not know CDL was able to attend traffic school. All my cdl friends say no, but maybe we are misinformed? Anyway I guess 1 point is better than two. I wonder what the Officer meant by no point?

Thanks for the help.... possibly looking to hire a lawyer as suggested.

 

[Jim_bo]

I'm confused. Did he tell you to plead guilty or not guilty? You said both.

 

[davew128]

I did not know CDL was able to attend traffic school. All my cdl friends say no, but maybe we are misinformed? Anyway I guess 1 point is better than two. I wonder what the Officer meant by no point?

http://www.bestyetexpresstrucking.com/new-california-law-cdl-holders-can-attend-traffic-school/