California Speeding Ticket reduced – will insurance skyrocket?
My 19-year-old son received his first traffic citation (VC 22348B) for speeding over 100 mph in Kern County, California, while driving to college. We hired an attorney and the original charge was dismissed. The increased fine was surprisingly expensive (,406.00) but now he has only a one point violation (22349A, I think), which we assumed would save us money (insurance-wise) in the long run.
Will reducing the two point violation to a one point be enough to keep our insurance rates down? I think I read somewhere that details of the original citation are still viewable by our insurance company. Is it likely they'll base their rates on the original charge even though it was formally dismissed? Otherwise, our family's driving records are squeaky clean.
Will this violation stay on his DMV record for three years or seven? Would a subsequent violation revive the dismissed charge?
Thank you, John, for your thorough answer. It may not matter, but I should correct some of the details. A second count was added and the first dismissed. The new count (a one point violation) is a 22356(b) and apparently we're at the mercy of the judge or officer as to the price, which somehow added up to ,469.00.
February 5th, 2010 - 21:49
I am puzzled concerning what happened here. The maximum fine for a first offense of violating Veh C 22349(a) (exceeding the maximum speed limit) is about $445. So I don’t know what was worked out to allow a fine that high.
That said, if this was a 22349(a) conviction, then the only report which will go to DMV will be that there was a violation of that section. That will be one point, and insurance companies are limited to considering what the DMV counts–not what might have happened.
A dismissed infraction can never be revived. (Pen C 1387.) Traffic violations can be considered by DMV for purposes of finding a person to be a negligent driver for 36 months. Other time limits apply to misdemeanor or felony offenses (e.g., a DUI can be alleged to increase punishment in a later DUI for 10 years), but this is not a misdemeanor or felony offense.
BTW, a violation of 22348(b) is NOT reckless (or even wreckless) driving. (For some reason, there seem to be several people who identify themselves as "Rock Firestorm," and none of them know the law.)
ADD: Veh C 22356(b) is driving over 70 mph. Nobody is at the mercy of the judge as to fines, because the maximum fine is set by the Legislature. The maximum fine for a first offense on most traffic violations, including 22356(b), is $100. There are a lot of assessments which get added to that, but it still cannot total over about $450. You might check with your attorney to find out how such a high fine was imposed.
February 5th, 2010 - 21:49
If it was reduced to one point, it’s not a wreckless driving, which means it will only be on there for 3 years not 5. So yes, your insurance will be lower and he will only have the 1 point rather than 2. The lawyer did some excellent work for you there because a wreckless driving in CA is just short of a DUI fines-wise. I assume your son didn’t have the classes and other fines that come with a wreckless. The point will not revert to 2 with another citation – onces a violation is in the books, it’s in the books – although from the sound of it, I’d assume your son will be getting a few more tickets. Best to have a little sit down with him and explain the situation. I hope he appreciates what you did for him.
February 5th, 2010 - 21:49
You can compare how the insurance quotes would change, for example here – autoinsurance.bebto.com