After a deposit of bail and bail forfeiture, a plea of guilty or no contest, or a conviction, you may order a continuance of a proceeding against a person who receives a notice to appear for violating a statute relating to the safe operation of a motor vehicle, in consideration for successful completion of a course of instruction at a licensed traffic violator school. You may order that the conviction be held confidential in accordance with VC §1808.7, but must notify the person that only one conviction within 18 months will be held confidential. [VC §41501(a).]
You also have the authority to order or permit a person who holds a noncommercial class C, class M1, or class M2 driver’s license who pleads guilty or no contest or is convicted of a traffic offense to attend a licensed traffic violator school. [ VC §42005(a).] Additionally, you may order or permit a person who holds a class A, class B, or commercial class C driver's license, who pleads guilty or no contest or is convicted of a traffic offense, to complete a course at a licensed traffic violator school if the person was operating a vehicle requiring only a class C or class M license. [VC §42005(b); CRC 4.104(c)(1).] In either situation the person may choose which school to attend from a list of schools licensed by the DMV.[ VC §42005(d).]
Approved driving instruction programs for defendant motorcyclists may include motorcyclist safety courses, for example, the Basic RiderCourse (BRC) offered through the California Highway Patrol’s California Motorcyclist Safety Program. See http://www.ca-msp.org.
Attendance at a traffic violator school and confidentiality is not available for violations listed in VC §12810(a)–(e) (specified two-point violations, such as driving when privileges are suspended, failing to stop at an accident scene, speeding in excess of 100 miles per hour, reckless driving, and engaging in speed contests). [VC §41501(b).] You also may not order that a conviction be kept confidential or that a person complete a traffic violator program if the offense occurred in a commercial vehicles, or is a specified violation. [VC §42005(c); CRC 4.104(c)(1); see §5.14.]
Similarly, you may not order that the record of conviction be kept confidential if a person who holds a class A, class B, or commercial class C driver's license was operating a vehicle requiring only a class C license, or a class M license. However, the conviction must not be added to a violation point count for purposes of determining whether a driver is presumed to be a negligent operator. [VC §42005(b).]
The court clerk or you must prepare an abstract of the record that indicates that the person was convicted and ordered to complete a traffic violator program, certify the abstract to be true and correct, and forward it to the DMV’s Sacramento office within five days after receiving proof that the program was completed or the due date to which the proceeding was continued, whichever comes first. [VC §1803.5(a).] The record in any 18-month period is confidential, and no violation point may be assessed. [VC §1808.7(a).] The record is not confidential, however, if [VC §1808.7(b)]:
- The person convicted holds a commercial driver’s license;
- The person convicted holds a commercial driver’s license in another state;
- The violation occurred in a commercial motor vehicle; or
- The conviction would result in a violation point count of more than one point [see VC §12810].