Change in law closes traffic school loophole

Submitted by Allstate insurance agent Brenda Soto Bryan

As of July 1, 2011, the courts are no longer allowed to dismiss infractions after a driver attends traffic school. Instead, a state law (AB 2499) now requires that all offenses be recorded as “convictions,” which will create a detailed breakdown of a person’s driving history.
Under the new guidelines, drivers who attend a traffic school course will have their first conviction masked and avoid negative marks on their driving record. However, if they accrue additional violations within the next 18 months, the convictions will appear on the record, negligent operator points will be assigned, and their insurance company will be notified.
A traffic school conviction will not be masked if:
• There is a prior TVS dismissal/conviction within the previous 18 months.
• The conviction is a major (2 point) violation (DUI or reckless driving)
• The driver holds a commercial driver license or was operating a commercial vehicle at the time of the violation.
Up until now, when convictions were stamped “dismissed,” it was the equivalent of a “not guilty” verdict: so it appeared as though there were no violations. Frequent offenders have been able to use this loophole as a way to repeatedly attend traffic school. Traffic schools are now required to inform their students about this change in the law.
Brenda Soto Bryan can be reached at (562) 426-1752.

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