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 accidents.

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 attorney@markbigger.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.