Out of state tickets on my record

[kmolloy]

What is the name of your state?
CALIFORNIA

Hi everybody!
I'm trying to do some research into my situation and suggestions on what to do or where to look for more information would be greatly appreciated! So here goes:

Two months ago, I drove from Minneapolis to Detroit. I received two speeding tickets, one in Minnesota and one in Ohio. Both were for speeds 10-15 miles over the speed limit. If I received these tickets in my home state of California, I would have contested them. Both officers, however, assured me that the only way these offenses would go on my California driving record was if I did not pay the tickets. So I sucked up the $200 in fines with the belief that the tickets would not go on my California driving record.

One week ago, the CA DMV sent me a letter confirming that I had indeed received two points on my record from Minnesota and Ohio. Two days ago, my insurance company called and my "good driver" discount was lost and my fines would almost double.

I'm wondering if there is any way to get these tickets off of my CA driving record. It seems like different states have different traffic laws (ie, Montana, from what I understand, has no daytime speed limit yet officers can pull a driver over from doing what they consider an "unsafe speed") and that traffic offenses in certain states do not necessarily equate to offenses in other states.

Does anybody think I have a case?

Thanks so much for any feedback, even if its to tell me to shut up and suck up the increased insurance costs!

 

[JETX]

"I'm wondering if there is any way to get these tickets off of my CA driving record. "
*** Actually, there might be. From what I can find out, CA is one of the few states that is NOT a member of the
'Non-Resident Violator Compact'. This is an agreement by most states that they will exchange violations received by an out-of-state driver. It is possible that they have recently become a member of the compact, so you might want to check with your local authorities to verify. As for your insurance, that is a different 'deal' and you might need to talk with your agent.


"It seems like different states have different traffic laws (ie, Montana, from what I understand, has no daytime speed limit yet officers can pull a driver over from doing what they consider an "unsafe speed") and that traffic offenses in certain states do not necessarily equate to offenses in other states."
*** Curious.... what does that have to do with your situation?? A ticket for 10-15 mph over the limit in Minnesota is pretty easy to understand..... even in California.

"Does anybody think I have a case?"
*** Case to do what?? Get these violations removed from your record?? No.
A case of Corona Light Beer?? Maybe.

 

[kmolloy]

Thanks for the info JETX!

*** Curious.... what does that have to do with your situation?? A ticket for 10-15 mph over the limit in Minnesota is pretty easy to understand..... even in California.

Yeah, I know...15 MPH over the limit is 15 miles over the limit no matter what state you're in. The exception, as far as I know, would be Montana, where speeding tickets are given out for unsafe speeds, not necessarily subject to a certain MPH like in most other states. Of course, it doesn't apply in my case but I wanted to throw out that point to show that maybe in some cases different states have different criteria and rules governing tickets, and that a speeding ticket in Montana does not necessarily equal a speeding ticket in California under the same conditions, or vice versa. But anyway, I definitely think that the Non Resident Violator Compact info is the most promising thing I've heard today!


"Does anybody think I have a case?"
*** Case to do what?? Get these violations removed from your record?? No.
A case of Corona Light Beer?? Maybe.



Ha ha, what I meant was, I'm wondering if a lawyer could get these tickets off my CA driving record. Hey, it's probably worth a shot...nothing to lose except money in my bank account and a gigantic insurance bill!

 

[lwpat]

The Nonresident Violator Compact of 1977

Here is a current list of member states that share driving history information.

Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut,Delaware, District of Columbia, Florida, Hawaii, Idaho, Illinois,Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine,Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada,New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia,
Washington, West Virginia, Wyoming.

All three states you listed are members and that is why the tickets were reported to your home state. The officers could have been mistaken but also may have been just interested in you paying the fine and not contesting the tickets.

Anytime you receive a ticket in another state you need to be sure of the consequences. Sometimes it depends on the charge listed on the ticket. For example one CDL driver received a ticket in Kentucky for 8 miles over. The officer listed the charge as excessive speed. When this was reported back to his home state it was entered as a 15 miles over because that is how Missouri considers all excessive speed charges and he ended up with a serious federal violation on his record.

With the current situation of insurance companies using the slightest excuse to jack up your rates it is worth the time and trouble to contest any traffic violation even if you have to hire an attorney.

Now that these violations are a part of your permanent record there is nothing you can do that would not be very expensive with little chance of a favorable result. By just paying the fine you pled guilty and you will have to live with it for three years. The first ticket should have been your clue to slow down.

 

[JETX]

Lwpat: I was only able to find conflicting information on whether California was a member. Several sources said that they weren't (at that time) and a few said that CA was included. That is why I left it open in my response. Could you provide the citation to the statute on California being a member??

 

[lwpat]

CALIFORNIA CODES
VEHICLE CODE
SECTION 15020-15028