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Is there any way to erase a second speeding ticket and not let insurance know?
I got my first ticket in September. I was driving really late at night from santa barbara to LA. I was late for my curfew and my boyfriend forgot his cell phone on my car so I got my first speeding ticket. I paid for everything and attended traffic school. Today I was again driving back from Santa Barbara to LA late at night again and got my second speeding ticket.
I was wondering...is there any way I can erase my second speeding ticket without letting my insurance company know? I read that we can attend a 12 hour traffic school, can we attend it online. It also will still show and the insurance company will find out.
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Is there any way to erase a second speeding ticket and not let insurance know?
Yes and No. The 12 hour school is at the discretion of the court (per CVC 41501) but the insurance company can still see it. HOWEVER, they can't raise your rates based on it. HOWEVER, a future insurance company can.
The best way to get it "erased" is to not get convicted at all. That means fighting the ticket.
Here's how you do it:
First, you need to post here the Vehicle Code section you were charged with and the SPEED on your ticket.
If it is CVC 22350---Unsafe Speed for Conditions, you may have a pretty good case since it was late at night.
If it is CVC 22349--Exceeding Maximum Speed Limits--Then you have less of defense. Especially if Radar was used. If the officer paced you to get your speed, then you might have some wiggle room. See the link below for NOLO's guide to Fighitng a California Ticket. Pacing is page 41.
Tomorrow, contact the court and tell them you want a trial by declaration. This means basically, that you write a letter along with some forms and send it in. If its CVC 22350, then this should be a pretty simple thing to fight. You just explain the road conditions and that you weren't endangering property or life (this depends on your speed). If the officer doesn't respond or there is insufficient evidence, the case will be dismissed.
If the case is not found in your favor, no big deal. All this means is you can show up in person with a clean slate. We're hoping now the officer won't show up, especially if he used Radar. If he doesn't, case dismissed.
If he does, at this point, you should ASK the judge very politely to exercise his discretion in letting you attend the 12 hour school. This is allowed even though you've already been through a trial by declaration. Remember this is a "trial de novo" and per CVC 42005 and People v Wozniak, he has this option. And yes you can take it online.
This is a whole bunch of work but its worth it. Your insurance for a 2nd ticket will be thousands of dollars over the long term. Its certainly worth the 10 to 20 hours of work you'll put into it. If you've got the money, you can hire a traffic lawyer--$500 or so.
By the way, stop speeding along the 405 & 101 so you can avoid all of this hassle. The CHP apparently likes your car.
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Is there any way to erase a second speeding ticket and not let insurance know?
differed adjudication? would require a 3 month class C probation...so if you are speeding through orphanages and beating up kittens, you might be fine...ask the JP what he can do.
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Is there any way to erase a second speeding ticket and not let insurance know?
You can compare how the insurance quotes would change, for example here - autoinsurance.noneto.com
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Is there any way to erase a second speeding ticket and not let insurance know?
Your insurance company will find out no matter what you do. You cannot attend traffic school online.
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Is there any way to erase a second speeding ticket and not let insurance know?
Sorry, the answer is no... l
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Hey liwanu. I am wondering if you took care of your 2nd ticket and how. I am in the same boat (2nd speeding ticket within 18 months). Did you just pay for the ticket and get the point on your record? Or did you ask the judge for 12 hour traffic school per CVC 41501 and did they say yes? I've been reading about the CVC 41501 all over the internet and I'm not sure if I should ask for it. It also sucks that the insurance still knows about it. :/ I really don't want my insurance to go up; my parents would be so upset.
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