Speeding Ticket Question
12-18-2003, 04:48 PM
#1
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Join Date: Jan 2003
Posts: 16
Speeding Ticket Question
I was trying to find info on the web in regards of this subject, but to no avail. My friend just got his 4th speeding ticket in span of 6 months. Does anyone now if his license will be suspended, and if it is – for how long? Also, apart from paying the individual ticket fine, are there any other additional penalties?
TIA
TIA
12-18-2003, 05:37 PM
#2
250,000-mile Club President
Join Date: Nov 2002
Location: Bizerkeley
Posts: 4,770
Car Info: MBP 02 WRX wagon
From what I read in the MVC, your friend might want to get ahold of a layer.....I think this section was written with him in mind, section 2 is the clincher:
Habitual Traffic Offender
14601.3. (a) It is unlawful for a person whose driving privilege has been suspended or revoked to accumulate a driving record history which results from driving during the period of suspension or revocation. A person who violates this subdivision is designated an habitual traffic offender.
For purposes of this section, a driving record history means any of the following, if the driving occurred during any period of suspension or revocation:
(1) Two or more convictions within a 12-month period of an offense given a violation point count of two pursuant to Section 12810.
(2) Three or more convictions within a 12-month period of an offense given a violation point count of one pursuant to Section 12810.
(3) Three or more accidents within a 12-month period that are subject to the reporting requirements of Section 16000.
(4) Any combination of convictions or accidents, as specified in paragraphs (1) to (3), inclusive, which results during any 12-month period in a violation point count of three or more pursuant to Section 12810.
(b) Knowledge of suspension or revocation of the driving privilege shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof.
(c) The department, within 30 days of receipt of a duly certified abstract of the record of any court or accident report which results in a person being designated an habitual traffic offender, may execute and transmit by mail a notice of that designation to the office of the district attorney having jurisdiction over the location of the person's last known address as contained in the department's records.
(d) (1) The district attorney, within 30 days of receiving the notice required in subdivision (c), shall inform the department of whether or not the person will be prosecuted for being an habitual traffic offender.
(2) Notwithstanding any other provision of this section, any habitual traffic offender designated under subdivision (b) of Section 23546, subdivision (b) of Section 23550, or subdivision (b) of Section 23550.5 , who is convicted of violating Section 14601.2 shall be sentenced as provided in paragraph (3) of subdivision (e).
(e) Any person convicted under this section of being an habitual traffic offender shall be punished as follows:
(1) Upon a first conviction, by imprisonment in the county jail for 30 days and by a fine of one thousand dollars ($1,000).
(2) Upon a second or any subsequent offense within seven years of a prior conviction under this section, by imprisonment in the county jail for 180 days and by a fine of two thousand dollars ($2,000).
(3) Any habitual traffic offender designated under Section 193.7 of the Penal Code or under subdivision (b) of Section 23546, subdivision (b) of Section 23550, subdivision (b) of Section 23550.5 , or subdivision (d) of Section 23566 who is convicted of a violation of Section 14601.2 shall be punished by imprisonment in the county jail for 180 days and by a fine of two thousand dollars ($2,000). The penalty in this paragraph shall be consecutive to that imposed for the violation of any other law.
Amended Ch. 44, Stats. 1990. Effective January 1, 1991.
Amended Ch. 1133, Stats. 1994. Effective January 1, 1995. Operative June 30, 1995.
Amended Sec. 179, Ch. 91, Stats. 1995. Effective January 1, 1996.
Amended Sec. 4, Ch. 901, Stats. 1997. Effective January 1, 1998.
Amended Sec. 10.2, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 16, Ch. 22, Stats. 1999. Effective May 26, 1999. Operative July 1, 1999.
Habitual Traffic Offender
14601.3. (a) It is unlawful for a person whose driving privilege has been suspended or revoked to accumulate a driving record history which results from driving during the period of suspension or revocation. A person who violates this subdivision is designated an habitual traffic offender.
For purposes of this section, a driving record history means any of the following, if the driving occurred during any period of suspension or revocation:
(1) Two or more convictions within a 12-month period of an offense given a violation point count of two pursuant to Section 12810.
(2) Three or more convictions within a 12-month period of an offense given a violation point count of one pursuant to Section 12810.
(3) Three or more accidents within a 12-month period that are subject to the reporting requirements of Section 16000.
(4) Any combination of convictions or accidents, as specified in paragraphs (1) to (3), inclusive, which results during any 12-month period in a violation point count of three or more pursuant to Section 12810.
(b) Knowledge of suspension or revocation of the driving privilege shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof.
(c) The department, within 30 days of receipt of a duly certified abstract of the record of any court or accident report which results in a person being designated an habitual traffic offender, may execute and transmit by mail a notice of that designation to the office of the district attorney having jurisdiction over the location of the person's last known address as contained in the department's records.
(d) (1) The district attorney, within 30 days of receiving the notice required in subdivision (c), shall inform the department of whether or not the person will be prosecuted for being an habitual traffic offender.
(2) Notwithstanding any other provision of this section, any habitual traffic offender designated under subdivision (b) of Section 23546, subdivision (b) of Section 23550, or subdivision (b) of Section 23550.5 , who is convicted of violating Section 14601.2 shall be sentenced as provided in paragraph (3) of subdivision (e).
(e) Any person convicted under this section of being an habitual traffic offender shall be punished as follows:
(1) Upon a first conviction, by imprisonment in the county jail for 30 days and by a fine of one thousand dollars ($1,000).
(2) Upon a second or any subsequent offense within seven years of a prior conviction under this section, by imprisonment in the county jail for 180 days and by a fine of two thousand dollars ($2,000).
(3) Any habitual traffic offender designated under Section 193.7 of the Penal Code or under subdivision (b) of Section 23546, subdivision (b) of Section 23550, subdivision (b) of Section 23550.5 , or subdivision (d) of Section 23566 who is convicted of a violation of Section 14601.2 shall be punished by imprisonment in the county jail for 180 days and by a fine of two thousand dollars ($2,000). The penalty in this paragraph shall be consecutive to that imposed for the violation of any other law.
Amended Ch. 44, Stats. 1990. Effective January 1, 1991.
Amended Ch. 1133, Stats. 1994. Effective January 1, 1995. Operative June 30, 1995.
Amended Sec. 179, Ch. 91, Stats. 1995. Effective January 1, 1996.
Amended Sec. 4, Ch. 901, Stats. 1997. Effective January 1, 1998.
Amended Sec. 10.2, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 16, Ch. 22, Stats. 1999. Effective May 26, 1999. Operative July 1, 1999.
12-18-2003, 05:39 PM
#3
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Posts: n/a
4 points in 12 months makes you a "negligent operator", this allows the dmv to suspend on a prima facie basis. that basically means that unless your friend fights th no classification he'll get his license suspended for 6 months. here's a dmv link that explains a fair bit about it:
http://www.dmv.ca.gov/dl/driversafet...erator.htm#1_1
http://www.dmv.ca.gov/dl/driversafet...erator.htm#1_1
12-18-2003, 05:44 PM
#4
250,000-mile Club President
Join Date: Nov 2002
Location: Bizerkeley
Posts: 4,770
Car Info: MBP 02 WRX wagon
So yeah if he gets the N.O. designation and continues to get caught driving he could eventually qualify for H.O.- and that's where it can get really nasty.
But like I said- getting a "law talking guy" on his side now is probably advisable, at the rate he's going anyway......avoiding being designated N.O. would allow him to keep driving legally.
But like I said- getting a "law talking guy" on his side now is probably advisable, at the rate he's going anyway......avoiding being designated N.O. would allow him to keep driving legally.
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