My question involves a traffic ticket from the state of: California
County - Tulare
Hi
Got my first ticket while traveling to Sequoia NP on SR 198 (few hundred miles from my home in southern cali).
It was late morning, weekend, traffic was low to moderate, i believe officer clocked me from from the other side of the street and stopped me. Told me to follow him because he had to catch another car - i did as instructed. Finally, told me i was doing 76 on 55 limit road. Next, inspected my child's car seat momentarily and also found another adult passenger at the back not wearing seatbelt before heading back to his car to write the ticket. So my 1 ticket has 3 infractions for
a. 22349(b)vc - Exceeding 55 mph max limit
b. 27360(a) - Improperly restrained child
c. 27315(d)(1)vc - Unrestrained passenger
I have few questions:
A. If I don't contest, how many points will I get on my license - As per my understanding for (a) and (b), I will get 1 point each which is total of 2 points since (c) doesn't carry points. I read a conflicting forum post which mentioned since all the violations are against a single ticket, I will just get 1 point only and not 2. Please clarify.
B. I will state the facts regarding (b):
i) My child was indeed seated in a forward facing Child Seat.
ii) The child seat was fastened using the Seat belt
iii) Child was buckled with the main harness near her tummy
iv) Her should straps had come off - she is a kid and can take off her shoulder strap if she wants to.
The officer mentioned the main buckle should be little above near her chest level, the shoulder strap should not be coming off - they should appear from the back of the seat a little above from where they come from now - since the kid has grown its a level lower than it should be, the seat is a little wobbly. He mentioned in case of roll overs, kid can come off the seat in absence of shoulder strap.
My question is:
I) Should i fight this ticket based on the above facts OR is it useless since it can still amount to not being 'properly restrained'?
II) Can I request a Child Passenger Safety Diversion program to save my point? Do I have to attend in person at the court to request it or can i request it from the court clerk over phone and ask if i am eligible
C. Can I request Traffic school for (a) while also requesting Child Passenger Safety Diversion program for (b) - To save both points from my license? Is it allowed and can the court clerk approve it?
D. Financially how much will it cost for the 3 violations combined. Can I request a reduction from the court clerk?
E. Can I request Traffic School and Child Passenger Safety Diversion Program in my Trial By Declaration - or is it only if you plead not guilty.
Note I stay a few hundred miles from the court in question - so want to avoid appearance in person as much as possible.
Thanks for taking the time to read this long post. Appreciate your response.
County - Tulare
Hi
Got my first ticket while traveling to Sequoia NP on SR 198 (few hundred miles from my home in southern cali).
It was late morning, weekend, traffic was low to moderate, i believe officer clocked me from from the other side of the street and stopped me. Told me to follow him because he had to catch another car - i did as instructed. Finally, told me i was doing 76 on 55 limit road. Next, inspected my child's car seat momentarily and also found another adult passenger at the back not wearing seatbelt before heading back to his car to write the ticket. So my 1 ticket has 3 infractions for
a. 22349(b)vc - Exceeding 55 mph max limit
b. 27360(a) - Improperly restrained child
c. 27315(d)(1)vc - Unrestrained passenger
I have few questions:
A. If I don't contest, how many points will I get on my license - As per my understanding for (a) and (b), I will get 1 point each which is total of 2 points since (c) doesn't carry points. I read a conflicting forum post which mentioned since all the violations are against a single ticket, I will just get 1 point only and not 2. Please clarify.
B. I will state the facts regarding (b):
i) My child was indeed seated in a forward facing Child Seat.
ii) The child seat was fastened using the Seat belt
iii) Child was buckled with the main harness near her tummy
iv) Her should straps had come off - she is a kid and can take off her shoulder strap if she wants to.
The officer mentioned the main buckle should be little above near her chest level, the shoulder strap should not be coming off - they should appear from the back of the seat a little above from where they come from now - since the kid has grown its a level lower than it should be, the seat is a little wobbly. He mentioned in case of roll overs, kid can come off the seat in absence of shoulder strap.
My question is:
I) Should i fight this ticket based on the above facts OR is it useless since it can still amount to not being 'properly restrained'?
II) Can I request a Child Passenger Safety Diversion program to save my point? Do I have to attend in person at the court to request it or can i request it from the court clerk over phone and ask if i am eligible
C. Can I request Traffic school for (a) while also requesting Child Passenger Safety Diversion program for (b) - To save both points from my license? Is it allowed and can the court clerk approve it?
D. Financially how much will it cost for the 3 violations combined. Can I request a reduction from the court clerk?
E. Can I request Traffic School and Child Passenger Safety Diversion Program in my Trial By Declaration - or is it only if you plead not guilty.
Note I stay a few hundred miles from the court in question - so want to avoid appearance in person as much as possible.
Thanks for taking the time to read this long post. Appreciate your response.
Speeding Tickets: How do Points Work With a Multiple-Count Traffic Ticket
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