Q: Is it true that if a choose to fight a ticket I will lose the right to ask for traffic school?

— I.F., Long Beach

A: California Rule of Court 4.104(c)(a) and (2) state that a person who receives a ticket and qualifies for traffic school “is not made ineligible by entering a plea other than guilty or by exercising his or her right to trial.” The decision is to be based on the circumstances of the specific case. The court, however, is not required to state why it grants or denies traffic school.

Also of import, California Vehicle Code Section 42005 provides that a judge can allow a person convicted of a traffic violation to attend traffic school. In the case of People v. Enochs, the court made clear that a “trial judge has the power to order a defendant to attend traffic school. If the trial judge believes that a defendant would benefit from attending school, such attendance should be authorized.” A later decision titled People v. Wozniak indicates a trial court is to consider the merits of a request for traffic school “whether the request is made before or after conviction.”

Realistically, does it work that way? Hard to tell. But in this column, I can only report what research indicates, so at least you have a legal basis to state your position. If you do challenge a ticket, and are unsuccessful, you should still ask for traffic school.

Q: If you get a ticket, what are the basics on going to traffic school?

— G.K., Hawthorne

A: To qualify for traffic school, you have to have a driver’s license, the offense did not involve driving a commercial vehicle, the ticket is for a moving violation, and you have not attended traffic school for another ticket issued in the past 18 months.

Q: What tickets don’t allow you to go traffic school?

— L.J., Carson

A: Take a look online at California Rule of Court 4.104. Reasons you cannot attend traffic school include alcohol-related offenses, if you were driving a commercial vehicle, a speeding violation in which the speed exceeds 25 mph above the posted limit, a non-moving offense (such as a parking ticket), or an equipment violation.

Self-help

The court’s self-help website has useful information on traffic tickets and traffic court. Go online to http://www.courts.ca.gov/selfhelp-traffic.htm/.

Ron Sokol is a Manhattan Beach attorney with more than 30 years of experience. His column appears on Wednesdays. Email questions and comments to him at Ronsesq@aol.com or write to him at Ask the Lawyer, Daily Breeze, 21250 Hawthorne Blvd., Suite 170, Torrance, CA 90503.