Seat belt=Traffic School?

[AdviseeMe]

California:

I recently received a citation for not wearing a seat belt. I was in my friend's Acura RSX and he was taking me home, but his car was a 2+2 seater: I was in the middle rear "seat". I am not denying not wearing a seat belt, but I received my courtesy notice today and it is giving me the option to pay for TRAFFIC SCHOOL.

Because of that, I am assuming that I am receiving a point against my record, but after doing some research, I found that section 12810.2 states that a seatbelt infraction does not warrant a violation.

I will pay my infraction, but I will not take traffic school to rid of the violation. Do I have to fight this in court, can I correct it through trial by written declaration, or can I correct it through a simple phone call?

I never went through this process.
Thanks for any advice, my fellow FreeAdvisors!
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[I_Got_Banned]

Are you the guy who's always taking forever at the Clerk's window?

California:

I recently received a citation for not wearing a seat belt. I was in my friend's Acura RSX and he was taking me home, but his car was a 2+2 seater: I was in the middle rear "seat". I am not denying not wearing a seat belt, but I received my courtesy notice today and it is giving me the option to pay for TRAFFIC SCHOOL.

My guess is that you received a "standard courtesy notice"... It probably said something to the effect of "if your violation is eligible for traffic school"... Right?

Because of that, I am assuming that I am receiving a point against my record

You shouldn't assume anything! Because you are not receiving a point!

. . . but after doing some research, I found that section 12810.2 states that a seatbelt infraction does not warrant a violation.

Actually, thay's not what 12810.2 says. If it weren't a violation you would not have a citation. -amazing what one word can do to a sentence-
12810.2 says is that a seaty belt violation does not warrant a violation point. Big difference.

12810.2. Notwithstanding subdivision (e) of Section 12810, no violation point count shall be given for a conviction of a violation of Section 27315.

Do I have to fight this in court.

It wont be a big fight... You'd win pretty quickly!

can I correct it through trial by written declaration.

Huh?
You can make a declaration but you cannot take it to trial...

can I correct it through a simple phone call?.

That might work, but save yourself the 2 dimes and a nickle... You dont need to correct anything. If you dont pay for traffic school you, the violation will be treated the same as if you did. But you couldn't because the Clerk/Judge will not offer it to you...

I never went through this process.

Bragger!

Thanks for any advice, my fellow FreeAdvisors!

 

[CdwJava]

What section were you cited for? Most seat belt violations are zero points to your license unless you are under 18 and were cited pursuant to CVC 72360 et seq.

- Carl

 

[AdviseeMe]

Lol. Thanks for the response I_Got_Banned. I forgot to type in "point" as you said. That is the main thing that I am worrying about. I want to save traffic school for something that I may do in the future.

Cdwjava - I received a citation for Section 27315 (e).

So I am assuming I can pay bail and not worry about it anymore? (There I go assuming again)

 

[I_Got_Banned]

. . . That is the main thing that I am worrying about. I want to save traffic school for something that I may do in the future.

Hmm, what are you planning?

. . . So I am assuming I can pay bail and not worry about it anymore?

Yes you can.