CALIFORNIA DMV POINTS

CAN I GET RID OF MY DMV POINT?

Most people just pay their traffic tickets by mail, at the clerk's window, by using their credit cards over the telephone or the internet.

However, before a guilty plea can be accepted as valid, the law requires that certain constitutional standards are met. If you just paid your ticket without personally appearing in court before a judge or judicial officer, your guilty plea may be set aside and you may then set the matter for trial or if eligible request for traffic school.

HERE'S WHY AND HOW

BEFORE A GUILTY PLEA IS ENTERED, THE COURT RECORD MUST SHOW THAT THE DEFENDANT MEET THESE REQUIREMENTS:

• The defendant or his/her counsel personally appeared in the court before a judicial officer.
• The court record must show that the defendant was advised the right to a trial. The defendant has a right to have the case heard before a judge rather than before a pro tem judge (temporary judge). The court must show that the defendant intelligently and voluntarily waive, that is, gave up the right.
• The court record must show that the defendant was advised of the right to confront and cross-examine their accuser.
• The court record must show that the defendant was advised of the right to use the court's subpoena power to produce witnesses and evidence in their own behalf.

As an attorney, I have had cases where my client has been ordered by the local DMV to appear before them to see if their license should be placed on probation or suspension. I always ask my clients if any of their prior ticket convictions were paid without appearing in court. Often, that's the case.

I then	1-	prepare a Motion to Set Aside the guilty plea, appear before a judge, get the guilty plea set aside and get traffic school or set the matter for trial. The point that has been assessed against the client's license is removed from the court and DMV record until the matter is resolved be trial or traffic school. On the day the guilty plea is set aside, the assessed point is removed from the court and DMV's record. I then notify the DMV hearing officer that the point has been removed, and the hearing date on the client's license probation or suspension is canceled. If your prior guilty plea was unconstitutional, there is no reason why you can't get the same result.
	2-	Set aside the point & fine because the "bail fortfiture" law was not complied with.

Another way to set aside a dmv point is when you have "just paid the ticket" without appearing before a judge. A law motion with the Court to set aside the "forfeiture of bail" action of the court.

If the court has not complied with the forfeiture laws, the accessed dmv point and dmv conviction will be set aside and a trial date or traffic school will be ordered by the Court!
If you were eligible for traffic school and couldn't at the time or didn't want to, traffic school may be ordered. The case can also then be set for trial with the fine being applied as trial bail.

The result is that the dmv point will disappear from the dmv computers, until the trial result!

A successful motion to set aside the forfeiture will help a person who can't get insurance because of dmv points or are about to have their license suspended by the dmv. The "set aside" motion can stop any dmv suspension, allow available traffic school, permit you to get insurance during the interim period and have your day in court at trial.

For more information contact me via Email or call me at 562-682-5372