Traffic School ‘Masks’ Ticket but Can’t Erase the Fine

Dear Street Smart:

I have two questions. First, when is running a yellow light considered running a red light? I got a ticket when the yellow light turned red when I almost finished crossing the intersection.

Second, do you still have a record of a ticket after you successfully complete traffic school? I’ve gotten confusing answers. All the traffic school ads say you can “erase” the ticket from your record, but the officer at the courthouse told me you can’t.

Nhuan T. Nguyen Santa Ana Let’s start with traffic school--which is no longer the popular alternative that it once was, due to a recent change in state law.

When you go to traffic school, the ticket is “masked” from the Department of Motor Vehicle records to which the general public has access. So your insurance companies won’t know that you got a ticket. However, local courts and the DMV can still see this “hidden” ticket.

“We wouldn’t know whether somebody went, if we didn’t have the record,” said Dick Biggins, executive officer of West County Municipal Court, which handles cases in the northwest portion of the county.

The DMV will mask one ticket every 18 months. Those trying to attend traffic school more often will find that the DMV will catch the attempt and not hide the ticket, Biggins said.

As mentioned, going to traffic school has lost some popularity. This is because before July, 1991, those going to traffic school not only kept the tickets off their records but were also spared payment of fines--which can mount to hundreds of dollars.

State law now requires that the fines be paid. Consequently, more people are trying to beat their tickets in court. At West County Municipal Court, the number of traffic trials from July, 1991, to March, 1992, is up 34% over the same period the previous year. Biggins said the county’s other municipal courts have seen similar increases.

“It’s common everywhere. Everyone’s filled up,” Biggins said.

Fines are made expensive by a state “penalty assessment” of $17 which is added to every 10-dollar portion of a ticket’s base fine. The money goes to the state and the county for various law enforcement and justice activities.

The assessment transforms a $31 ticket into a $99 headache. It would only be an $81 total if the base fine was an even $30. But the extra $1 begins the fourth “10-dollar portion.”

With such huge fines, it’s no wonder some motorists think that it’s worth fighting the tickets in court. But they should consider what the impact could be on their insurance rate if they should lose.

Some companies may not bump up premiums for one ticket while others might, so checking with your insurance company is a good idea before deciding between attending traffic school or going to court, Biggins said.

“A lot are taking a chance that their rates won’t go up if they’ve been a safe driver,” Biggins said. “If I got a ticket, I’d pay the extra $48 just to not take the chance.” The extra $48 is the fee for attending traffic school, which is added into the total fine.

Those taking the chance and going to court should keep the following facts in mind:

* The arresting officer will probably show up.

Some hope the police officer won’t show up and their case will be dismissed. “That’s a bad idea. He’s going to show up, for the most part,” Biggins said. Officers who are off duty are paid to come in when the court calls.

* Technicalities won’t get you off.

Those pleading not guilty should have a good case. Small errors on the ticket such as the wrong car color will not get the ticket dismissed, Biggins said.

“If the cop got the license plate wrong, or if the color of the car was a dark turquoise and he put blue, no, you’re not going to get away with technicalities like that,” Biggins said.

* Pleading guilty does not always lower the fine.

“Sometimes a guilty with an explanation can reduce the amount of bail,” Biggins said. But he pointed out that if that were a guaranteed reduction, “we’d have a court house full of people.”

As for your red-light question, as long as you have entered the intersection before the light turns red, you have not run a red light, according to Fountain Valley traffic Sgt. Larry Griswold. Specifically, your front car tires must be over the limit line before the red light appears.

On the other hand, if you enter an intersection under a green or yellow light but have not cleared it as cross-traffic begins to move, you may be cited for causing gridlock, Griswold said. The law requires that you not enter an intersection unless you know you can exit it safely.

For safety’s sake, Griswold advised that motorists should not try to make yellow lights unless it is impossible to stop. “We would suggest that you look at every yellow light as, “Can I stop or not?”

Those who err on the side of caution avoid the risk of getting a ticket. Those who can’t stop in time should continue on, rather than hitting the brakes and sliding into the intersection--that’s also a citable offense, Griswold said.

Dear Street Smart:

The intersection of Imperial Highway and Village Drive in La Habra desperately needs signs posted and the intersection painted “Keep Clear” or “Do Not Block.” Morning and evening traffic frequently plugs the intersection.

Louis E. Brinkman La Habra Two “Do Not Block Intersection” signs measuring 30 feet by 24 feet are on order and should be up by June 30, according to Larry Rosenthal, of Caltrans traffic operations. Both signs will face motorists in the eastbound lanes of Imperial Highway, since these are the culprits who are blocking the intersection and making it difficult for Village Drive motorists to turn left across Imperial, Rosenthal said.

Dear Street Smart:

The railroad tracks on MacArthur Boulevard between Susan Street and Harbor Boulevard in Santa Ana are terribly rough. Can anything be done?

Catherine Propster Newport Beach The city currently has no plans to smooth that crossing--work which is up to the railroad company to authorize, according to Gilbert Sepeda, who oversees the city’s road maintenance. But contact Sepeda to give him more information about the problem there, or problems elsewhere in the city. He can be reached at (714) 549-6820.

Street Smart appears Mondays in The Times Orange County Edition. Readers are invited to submit comments and questions about traffic, commuting and what makes it difficult to getting around in Orange County. Include simple sketches if helpful. Letters may be published in upcoming columns. Please write to Danny Sullivan, c/o Street Smart, The Times Orange County, P.O. Box 2008, Costa Mesa, Calif. 92626. Include your full name, address and day and evening phone numbers. Letters may be edited, and no anonymous letters will be accepted.

More People Fighting Traffic Tickets Traffic school used to save some people from paying expensive tickets. That benefit was eliminated last July, and now more are going to court. Shown are the numbers of traffic trials in Municipal Court in Westminster. March, 1990-91: 170 March, 1991-92: 251 Source: Westminster Municipal Court