Most drivers figure it is a waste of time and money to fight these 5 common traffic violations in court, such as speeding, illegal cell phone use, running a red light, running a stop sign, or tailgating.
In this blog post, we will show why it is not and how it could actually save between $1,500 and $2,000 over the three years your paid fine will stay on your motor vehicle driving record (MVR).
The Actual Expense of a Traffic Ticket Begins When You Pay the Fine
After paying the fine, the CA DMV will assess the negligent operator treatment system (NOTS) points identified in CA Vehicle Code (CVC) Section 12810, Issuance and Renewal of Licenses, which authorizes them to assess points for negligent behavior while driving and track the driving habits of CA drivers.
When a CA driver accumulates four NOTS points in one year, six in two, or eight in three years, the DMV will issue an Order of Suspension & Probation. However, the driver can dispute the suspension at a DMV NOTS hearing and have a CA traffic attorney present to assist them in removing convictions and accident reports that might have been in error or no longer apply.
A driver must request a hearing within 14 days of the issuance of the Suspension Order, and then, they should request a copy of their MVR.
So, how do these NOTS points affect the expense of a traffic ticket?
When the driver’s auto insurance provider learns of the paid fine, normally at renewal, they will take away the “good driver’s 20% discount,” which costs the average CA driver $458 annually. Then, they add the inherent risk. This risk is typically ten to twelve percent for a minor infraction, as these five common traffic tickets are.
That percentage typically raises the premium another $229 to $274.80 per year. Therefore, the driver’s premium jumps around $687 annually for three years, or $2,061. Doesn’t that seem drastic for a minor infraction like speeding, illegal cell phone use, running a red light, tailgating, or running a stop sign? It does to us. That’s why we fight them vigorously for our clients.
We have no control over how much your insurance company charges you for insurance, but we can frequently get the charges or fine lowered, and sometimes, we can get the traffic ticket dismissed, though there are no guarantees.
#1 — Speeding is the most common traffic ticket across the USA and the world. In CA, the fine will cost between $237 for speeding 1-15 mph over the limit or safe driving speed up to $2,137 for speeding over 100 mph, depending on the county where you are ticketed.
#2 — Illegal cell phone use. A first-time ticket is around $150 without NOTS points, but a second ticket will cost $260, and the DMV will assess one NOTS point.
#3 — Running a red light. A red light ticket has two fine levels. The law enforcement officer (LEO) bumper stop costs about $237, but the camera-enforced red light ticket is nearly $490.
#4 — Tailgating or following too close. The fine for tailgating is about $237.
#5 — Running a stop sign. It is the same as a red light LEO bumper stop costs about $237.
With these or any traffic tickets, you must consult a traffic attorney to find out if it is wise to dispute the ticket in court or plead guilty and accept traffic violator school (TVS) attendance to mask the conviction from the public.
TVS is not guaranteed; in fact, there are instances where attendance is a waste of money. For example:
- If you have more than one traffic ticket pending that you are taking TVS for
- You have a “fixit” or correctable ticket; just complete the repairs and bring the receipt to the police department where you got the ticket.
- You were driving a commercial motor vehicle.
- You already used TVS to mask a ticket in the previous 18 months.
- Your ticket has a mandatory court appearance for speeding over 100 mph, a misdemeanor, or a felony.
- Your ticket was alcohol or drug-related.
- And others.
It is always wise to consult a traffic attorney before you plead guilty and agree to attend — there’s no going back once you agree, pay the full fine amount, the county admin fee, and tuition — for some tickets that could total around $600.
Plus, if you don’t finish it so that your certificate arrives at the DMV in time to process it before the court-ordered date, all bets are off. You will forfeit your time and money, and your insurance company will raise your rates.
Ask Bigger & Harman About Disputing These 5 Common Traffic Tickets
When you need clarification about disputing a traffic ticket or attending TVS for a ticket in Needles Courthouse, call Bigger & Harman, APC, at (661) 349-9300. Or, use our convenient contact form or email us at attorney@biggerharmanlaw.com.
Se habla Español (661) 349-9755.
References:
CVC Section 12810, Issuance and Renewal of Licenses.