Traffic School Eligible - CRC 4.104 Overview

Traffic School is a game changer. If you are convicted for your traffic ticket and complete traffic school, you will not receive any points against your California DMV driving record. Generally insurance companies are triggered by points on your driving record. However, not every ticket is eligible for traffic school.

25 mph over the limit - Maybe Not

The first thing to check is the alleged speed on your ticket. If it is 25 miles over the speed limit, then many courts will consider that not eligible for traffic school.  It is the judge that has the "discretion" to grant or deny traffic school at the time of trial.  There is a little know law that lives as  part of Caifornia Rules of Court (CRC). That law provides:

"Rule 4 .104. Procedures and eligibility criteria for attending traffic violator school:

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(c) Judicial discretion (1) A judicial officer may in his or her discretion order attendance at a traffic violator school in an individual case as permitted under Vehicle Code section 41501(a) or 42005 or for any other purpose permitted by law...

(2) A defendant who is otherwise eligible for traffic violator school is not made ineligible by entering a plea other than guilty or by exercising his or her right to trial. A traffic violator school request must be considered based on the individual circumstances of the specific case. The court is not required to state on the record a reason for granting or denying a traffic violator school request."

The bottom line of CRC 4.104, is a judge has the discretion to order traffic school for tickets with speeds up to and including 100 mph and is not restricted to only up to 25 mph over the limit. That provision in 4.104 pertains to the clerk of the court (only up to 25 mph over) and not the judge. 

But often clerks, officers and even judges are not aware of 4.104, which allows judge to order traffic school for speed up to or equal to 100 mph, and their knee jerk reaction is to just say not eligible if 25 mph over. 100 mph is the limit because CVC 22348(a) specifically provides that over 100 is not eligible for traffic school and the vehicle code expressly state that commercial drivers are not eligible for traffic Violators School (TVS). 

Based on the Individual Circumstances

CRC 4.104 is the law, but getting an order under CRC 4.104 takes a little skill and may require an attorney to spin that argument. Many judges don't understand that law, and I have had to explain the law to many judges in various counties. Even once that is explained, many judges will say their discretion remains within 25 mph as that seem to be a pushing point for clerks - that's a week excuse for a judge who can't reason past the end of his/her gavel.

The Rule expressly states "based on the individual circumstances..." and that prompts us to argue mitigating factors to convince the judge to exercise his/her discretion. So if your into the range of speed to apply this provision you are more than 25 mph over the limit which is a high rate of speed and somehow you seek to convince the judge that the driver is worthy of the judges blessing to complete traffic school and have those points erased and the record of speeding kept confidential. 

So we tug on the judges heart stings and often where the person had unique extenuating circumstances, or the person drives for a living, or where the person has an important job but has a long commute, or... There are various factors unique to any particular driver but they must be argued to get relief. Also its important that the officer is on board and at the time of the stop the driver was cooperative and respectful, because the officer will pipe up and disrupt the special circumstance we are trying to explain. 

Example.

Driver is cited for 98 mph in a 65 (ouch), which is 33 mph over the limit, and the driver is not a commercia driver. This is too fast and could be considered reckless and the officer and the judge, with a knee jerk reaction will say not eligible for traffic school. CRC 4.104 is explained and asserted. Its best before trial to have the officer understand your approach and get his/her blessing and promise not to object. If you explain your reasoning, most officer will agree. Then explain whatever the circumstances would be. 

I am in front of these judges again and again and have built some credibility so the judges will listen and they know I'm not arguing the run of the mill excuses that are known to be complete loosing arguments (see our post on losing arguments at trial). mitigating factors of a good driving record, this is the first speeding ticket, other tickets were non-moving violation, and the person drives for a living or his/her job will be affected. Hopefully the judge listens and has some compassion and grants traffic school.

Note that another strategy is to get the officer to agree to a stipulated speed of 90 mph, which is within 25 mph of 65 and then ask for traffic school as that speed is eligible even by clerk standards. I also see the same officers again and again and have built report and credibility. They will often five me and my clients a break particularly when my client was respectful and did not make a stink (remember that).

Keep in mind that if a judge grants traffic school, the defendant must see it through and finish the traffic school timely. You may be charged with Failure to Appear if you do not complete the court-ordered traffic school within the given timeframe, which is a misdemeanor under California Vehicle Code 40508.  

Also see our other posts regarding traffic school see our post for "18 month requirements" and "Do I do California traffic school if I am out of state". And See out post "losing arguments at you traffic ticket trial."