Sometimes it doesn’t make sense to fight a speeding ticket. The lawyer
might cost more than the fine and insurance premiums if you are a Class
C eligible for traffic school. But it makes sense to get a professional
evaluation of your case before you make a move all of the time. A free
evaluation from our law office can keep you from making a big mistake.
Particularly if you are a Class B Forklift Operator or any other commercial
driver’s license (CDL) holder, you might not have a good choice
but to stand and fight.
You may be eligible for traffic school in some cases if you were driving
your private motor vehicle (MV) and not a commercial motor vehicle (CMV),
you haven’t used it for a traffic ticket in the previous 18 months,
your violation was an infraction, and there is not a mandatory court appearance.
Additionally, if your speeding ticket is for more than 25 mph over, the
judge will have to approve traffic school.
NOTS in a Nutshell
The NOT system is a program used by the Department of Motor Vehicles (DMV)
to monitor and notify drivers that have been convicted of violating CA
Vehicle Code (CVC) or that were determined to be partially or totally
at fault for an MV accident. When you are convicted or found at-fault,
you are assessed points according to a predetermined matrix, which assesses
one, two, or three points for regular drivers and CDL holders. CDL holders
are assessed points at 1.5 times the normal rate for convictions or at-fault
Common one or 1.5 point convictions are minor infractions, such as running
a red-light or stop sign or a basic speeding ticket. Examples of a two-point
violation could be, speeding over 100 mph or hit & run.
When you accumulate more than two points within a year, you are sent a
warning letter; when you accumulate more than three points within a year,
you are sent a notice of intent to suspend; when you accumulate more than
four points within a year, you are sent a probation/suspension notice
(the probation and suspension run at the same time for the first six months
and then the probation continues for another six months); and when you
have an additional violation or at-fault notice within the probation or
suspension period, more time is added to both the probation and the suspension.
Fighting My Speeding Ticket
So, I was driving up to Sacramento from Long Beach, where I work on one
of the busiest ports in the world unloading goods from ships with my forklift.
I was headed up to Sacramento for Mother’s Day weekend on I-5, which
is the interstate highway that runs from Mexico to Canada; you could almost
call it International Highway 5.
I wasn’t really paying attention to my speed but keeping up with
traffic, everybody was going at least 80 mph. The speed limit there was
70 mph but it was about 10:30 pm on Thursday night and the traffic had
thinned out a little. The right lane were still a buzz of tractor-trailers,
buses, and other CMVs mostly going less than 55 mph. I was in the second
lane and like I said, I thought I was just keeping up with traffic when
the lights and siren came on.
The law enforcement (LE) officer, a chippie (CHP) from Fresno, said I was
doing 86 mph in 70 mph zone. I gave him my paperwork, and he gave me a
ticket. I continued on my way, knowing I would be back in Fresno soon
for arraignment. I will have to fight the speeding ticket; I already have
three NOTS points from about eight or ten months ago and I am still four
months away from being eligible for traffic school again. I couldn’t
get another point or I would lose my job. I probably should have thought
of that before I got the speeding ticket.
Bigger & Harman, APC
If you think you have been wrongfully ticketed, entrapped, or your driver’s
license may be suspended because of an NOTS points accumulation, call
661-349-9300 or email
email@example.com to discuss a plan of action before moving forward. The judge may not always
see it the same as the LE officer.
En español, llame al 661-349-9755.