Transportation and Vehicle Safety: Traffic school limitations, speed issue, california rules


Question
Hello, my boyfriend received a speeding ticket and wants to know if he can take traffic school. Last night, at 12:30am, we were on the highway in a 65mph zone. A car flashed their brights at us and we were unaware at the time that it was a cop. At the time the officer flashed his brights we were going 101mph. After the brights were flashed my boyfriend slowed down to 75mph and 5 miles later he was pulled over and given a ticket for going 101mph. The ticket is hard to read but it looks like it says 22548(b) 61 (or 60, unreadable) Speed exceeding 100 mph for the section number and code. Will he be able to go to traffic school for this type of infraction? He's gone to traffic school before  and the ticket was excused. After that he received another ticket within 18 months so he wasn't able to take traffic school and it is on his record. It has been over 18 months since his last speeding ticket. Also, is there a way to figure out how much this ticket is going to cost him?

Answer
Hello Katrina and welcome to AllExperts!

Your boyfriend was cited for section 22348(b)CVC, Excessive Speed. The good news is that the officer didn't arrest him, as any speed 100 and above are grounds for arrest.

In short, he will not be able to attend traffic school due to the following issues:

1) Point Issue. Under the 2009 California rules of the court (4.104) covering eligibility and ineligible offences, Section (A) covers that area.  

2) Speed Issue. Under the 2009 California rules of the court (4.104) covering eligibility and ineligible offences, Section (G) covers that area.

See 41501 CVC

The rules for obtaining traffic school are as follows: (ABRIDGED VERSION)

A) THE VIOLATION MUST NOT BE MORE THAN 1 POINT. (12810 VC).
B) You must not have attended any previous traffic schools of less than 18 months ago.
B) You must not have any adjudicated (found guilty) infractions of less than 12 months.
D) Must not be alcohol or drug related.
E) Must not have any 'failures to appear' associated with it.
G) NO SPEEDING VIOLATION GREATER THAN 25 MILES OVER THE SPEED LIMIT.

The judge may fine him up to $500.00 and suspend his driving license up to 30 days, if this is the first violation of this type. If not, it only gets worse.

I'm sorry to be the bearer of bad news Katrina. I hope this at least provides some understanding of where he is at.

Take care Katrina!

Terry