Transportation and Vehicle Safety: Speeding tickets, interstate freeway, traffic school

Question
QUESTION: I have a completely clean driving record for more than a decade and within the last month I have gotten two speeding tickets.  The first was on an Interstate freeway (California) and the second on a small road through a local town.  The first was VC 22349(a) exceeding the 65mph max speed limit by 14 mph and the second was exceeding posted limit VC 22350 by 10mph (35mph in a 25mph posted area).  Questions are as follows:  1) Why am I told by the court that I can't take Traffic School for the 22349(A) violation?  And 2) If I wish, and if I am permitted, can I take Traffic School for the second one?  In other words, can I take traffic school for a violation which took place after another violation?  I have not been convicted for either yet.  But undoubtedly I will.  I would like to mitigate the number of points on my record if possible, of course.  If I go to court and ask the judge for permission to go to traffic school for either  violation, can he say yes when the traffic division says no?  And why would they say no?  Both were simple infractions.  Would it be better to take Traffic school for the first or the second?

ANSWER: Hello Bonnie and welcome to AllExperts!

Both citations are considered 1 point violations, and both are within 1-15 mph over posted. They have the same value, meaning one is not substantially any worse the other. I might suggest you take Traffic School for the 22349(b) violation.

Traffic school requirements are as follows:

1) You may only attend one traffic school every 18 months.
2) DMV will only keep one Traffic School within an 18-month period confidential.
3) Only 1-point violations can be resolved by Traffic School.
4) You cannot request Traffic School if the violation is a misdemeanor.
5) You cannot request Traffic School if violation is alcohol related.
6) You cannot request Traffic School if you were cited for driving in excess of 25 miles per hour over the speed limit.

Also, some jurisdictions require mandatory appearances on some violations, and the request for Traffic School must be made in person. It depends on what the courtesy notice that they send you says. I also believe you may be able to request Traffic School on either one, as you have not been adjudicated on either one of them.

As to who has the final word, it will always be the court. If the judge orders Traffic School and you complete it successfully and submit all the required paperwork within the allotted time, it will be dismissed.

As to why you are getting seemingly confusing and contradictory information, I have no clue. I hope this info helps Bonnie!

Take care.

Terry

---------- FOLLOW-UP ----------

QUESTION: Thanks for your answer Terry.  Your info did help.  I did finally get the courtesy notice from the first incident and, indeed, traffic school IS an option.  But my followup question is about the second incident.  The officer was parked in front of a school, which had not let the children out yet.  The officer stopped me at 2:55pm and school lets out at 3:10pm.  I saw no children present although there were other cars there, probably parents preparing to pick up their kids.  The zone through which I was driving was a 35mph posted limit with the sign posted that said "25mpn when children are present".  I saw no children and I was going 35mph.  That's what it said on the ticket but he said I should have been going 25mph.  Do I have a prayer of trying to convince the judge that there were no children present?  Or am I just doomed to be convicted?

Answer
Hi Bonnie....

The law, as well as the posted sign reads: "WHEN CHILDREN ARE PRESENT".

This is a selective 'IF/THEN' control, based solely on your observation at that time. IF you did not see any children present, regardless of whether they would be coming out shortly, specific time of day or parents parked in the area, THEN you are not required to comply with that specially assigned speed zone.

I would say that you indeed have more than a prayer. You have created something known as reasonable doubt. This type of requirement is subjective, based solely on what you can observe and deduce. Your intention was to obey the law, however, there were no qualifiers present (children) for this special speed zone to be active.

This would be analogous to being required to stop while a light is still green, based solely on knowing that it will be red very soon.

I hope this helps Bonnie!

Terry