California: Traffic School Still Showing Up As Conviction

Discussion in 'Experienced Truckers' Advice' started by moloko, Jan 27, 2017.

  1. moloko

    moloko Road Train Member

    1,569
    1,376
    Oct 26, 2012
    seattle, wa
    0
    Hello good people. This is for people in the state of California. I got a speeding ticket in my personal vehicle almost two years ago. I was granted a dismissal via traffic school. Our statutes allow for traffic school now, if the violation occurred in your personal vehicle.

    The thing is, this still shows up on my H6; and in all national databases; as a "conviction." The DISP code shows "AF" which means "Traffic School Dismissal" and the point count shows "0." However, any mention of this on my H6 is causing all insurers to treat this as if the traffic school and point removal is irrelevant, and that they can charge me rates as if I was convicted.

    Legally, this is a dismissal. This is not a conviction. This is not a situation where "you admitted fault by paying a fine." This isn't even like a plea bargain in criminal court. It is likely what would be considered "adjudication withheld," where no legal ruling is made on your innocence or guilt until you satisfy requirements x,y, and z, and then the court throws out the case.

    Anyways, HOW CAN I GET THIS REMOVED FROM MY DRIVING RECORD. I'm having some serious rage towards that General, and every time I see that ####ing Australian Gecko on a television commercial, I break into a cold sweat and feel disgusted. Don't even get me started on Flo from Progressive...I'm probably going to start drinking again if I can't get this resolved.
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. rearview

    rearview Medium Load Member

    325
    9,532
    Nov 8, 2014
    Tenakee Springs
    0
    http://www.courts.ca.gov/9410.htm

    . The court may approve traffic school for a driver with a commercial driver’s license if the eligible offense occurred in a noncommercial vehicle. After completion of an approved program by a driver with a commercial driver’s license, a conviction will appear on the driving record at the DMV, but a point will not appear for the offense.

    What happens if you choose traffic school

    In general, you should not get any points on your driving record if you complete traffic school for a qualifying violation by the due date. You will need to timely appear or contact the court about your election to attend traffic school. If you have a noncommercial license, a confidential conviction will appear on your driving record. If you have a commercial driver’s license, a conviction will appear on your driving record.
     
    TequilaSunrise and moloko Thank this.
  4. moloko

    moloko Road Train Member

    1,569
    1,376
    Oct 26, 2012
    seattle, wa
    0
    What's the use in masking the point but reporting the conviction... jesus. I guess some technicality .. I'll probably have to call Mandatory Actions Unit in Sacramento to get this purged off my record.
     
  5. ChaoSS

    ChaoSS Road Train Member

    3,338
    6,755
    Sep 20, 2014
    0
    What's the point? Get a few more points and then when your license isn't revoked you'll understand.

    Now, as a professional driver, didn't you know better than to speed in your personal vehicle?
     
  6. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

    7,737
    14,421
    May 7, 2011
    0
    The state HAS to show the conviction, because masking them has been against federal regs for CDL holders. Been that way for over a decade, so it's nothing new.
     
  7. Mark Kling

    Mark Kling Technology Contributor

    10,935
    4,214
    Sep 23, 2007
    Statesville, NC
    0
    Nothing anyone on TTR can do, if you have the Traffic School paperwork then you need to contact CA DMV to have them fix your MVR.
     
  8. Mark Kling

    Mark Kling Technology Contributor

    10,935
    4,214
    Sep 23, 2007
    Statesville, NC
    0
    Not in CA... that was changed a few years back....

    What you are talking about is Pleading down to a lessor type of ticket. CA put in a state law that will allow this if you are in your POV even if you hold an CDL.
     
  9. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

    7,737
    14,421
    May 7, 2011
    0
    Federal law trumps state law, and federal law prohibits using diversionary tactics (driving school, supervision, etc.) to mask convictions. That's WHY the CA law gives no points but still reports the conviction...they HAVE to. Federal law says so.
     
  10. snowwy

    snowwy Road Train Member

    20,527
    13,262
    Jul 6, 2009
    0
    I don't know about the Cali laws. But I thought it was a federal thing. Cdl's are forbidden from traffic school.

    I hired a lawyer and he got my 15 over changed to log book violation. It never appeared on my record. BTW. That was on the grapevine where the speed dropped to 35.
     
  11. rearview

    rearview Medium Load Member

    325
    9,532
    Nov 8, 2014
    Tenakee Springs
    0
    The cops on the hill are pretty serious about the speed limit.
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.