Suspended Sentence. Do they still assess the points?

[occharge]

What is the name of your state?What is the name of your state? California, Los Angeles County.

Appeared in Court yesterday for a California Vehicle Code Violation of Section 21950(a) "Failure to Yield to Pedestrians in a Crosswalk". I plead guilty and the Judge suspend the sentence. Long story...

My question is, this violation carries a 1 Point assessment on the Driver's DMV record. But since the sentence was suspended, is the point still assessed or not?

[CdwJava]

Originally Posted by occharge

What is the name of your state?What is the name of your state? California, Los Angeles County.

Appeared in Court yesterday for a California Vehicle Code Violation of Section 21950(a) "Failure to Yield to Pedestrians in a Crosswalk". I plead guilty and the Judge suspend the sentence. Long story...

My question is, this violation carries a 1 Point assessment on the Driver's DMV record. But since the sentence was suspended, is the point still assessed or not?

Yes. If you were found guilty, the point is assessed.

The suspended sentence simply means that you aren't facing fines or court-ordered probation or other punishment. The DMV is still capable of assigning points.

- Carl

[occharge]

Thank you, Carl. That's what I thought.

Although when I asked the Court Clerk, he paused for a few seconds, then he responded with a resounding "No".

[CdwJava]

Originally Posted by occharge

Thank you, Carl. That's what I thought.

Although when I asked the Court Clerk, he paused for a few seconds, then he responded with a resounding "No".

There is a chance the clerk is right - but I just don't see it.

- Carl

[occharge]

Originally Posted by CdwJava

There is a chance the clerk is right - but I just don't see it.
- Carl

Me neither. I will find out soon though, I am sure. Tempted to call the DMV, but considering I may be on hold for an hour or longer... It's 4:15 now and they close @ 5:00pm.
Monday is a new day!

Thanks again.

[lwpat]

It depends on whether the court reports the ticket to the DMV. The clerk might have meant that it is just filed with the court and not forwarded.

[occharge]

Originally Posted by lwpat

It depends on whether the court reports the ticket to the DMV. The clerk might have meant that it is just filed with the court and not forwarded.

And is this something that the Clerk would explain (if asked)?

I must say that as court appearances go, this was actually a pleasant experience. The Judge had to have dismissed 25% of the citations, suspended another 25% of them & reduced (waived the civil assessment (which normally adds $21 to every $10 of the base fine)) yet another 25% of them. The only people who paid the full fine were those individuals who walked up there, said “Guilty”, turned around and walked out.

And there were so many 40508(a) (FTAs)that he just dismissed/set aside. Some guy was there appearing on 6 different citations, 5 of which had a 40508(a) attached. Another guy claimed he had taken care of "this" citation "at another courthouse" yet he had no receipt/no cancelled check/nothing. So the Judge asked the Clerk to swear him in, asked him to tell his story again, and dismissed the citation.

Thank you all for your time.

[CdwJava]

There are always a few whacked pro tem judges. Chances are he won't be doing the job very often if he keeps THAT act up.

- Carl

[occharge]

Originally Posted by CdwJava

Chances are he won't be doing the job very often if he keeps THAT act up.
- Carl

... I can see why!

Thank you Carl for taking the time to respond. Your input is appreciated.

Another thank you goes to lwpat.