Is CVC 38300 a Moving Violation?
Do you have a CVC 38300 ticket and don’t know much about it or how to get it dismissed? Well, we at TicketBust are here to help. So, let’s talk about this California vehicle code – how much it costs and if it’s a moving violation or non-moving violation.
What is CVC 38300?
CVC stands for California vehicle code, and 38300 is the section of the law, and it states that “it is an offense for a driver to violate any control device, traffic signal, or traffic sign, installed by local authorities, state authorities, or by federal authorities per section 38280.”
Now, you may ask what is section 38280?
Section 38280 states that “local, state, and federal authorities have authority over public land to maintain or place any applicable traffic control devices, signals, and signs as required to execute any provision of law or to warn and guide traffic.”
In short words, the law gives power to local, state, and federal authorities to place any traffic sign, signal, or control devices where they feel are necessary and appropriate. But our primary focus is CVC 38300, which says drivers must always follow all signals, signs, and control devices.
There are many traffic signals and signs that come under this vehicle code. These signs and signals include yield, stop, speed limit, pedestrian crossing, turn restrictions, do not enter, school zone, and railroad crossing.
Is CVC 38300 a Moving Violation?
Yes, CVC 38300 is a moving violation. Moving violation is defined as any violation of the vehicle codes or traffic laws when the vehicle is in motion. For example, if the sign said stop and you drove through it without stopping, it will be a moving violation. Or if the speed limit was 60 MPH and you were driving at 65 MPH, it’s a moving violation.
How Many Points is a CVC 38300?
The department of motor vehicles, California, has a point system for driving licenses, and if you get 4 points in a year, 6 points in 2-years, or 8 points in 3-years, then the department of motor vehicles will suspend your driving license.
Most violations of CVC 38300 put one point on your driving record. However, it could be two points if the offense is severe enough such as driving 90-100mph on a 65mph highway.
CVC 38300 Cost
If you’re found guilty of violating CVC 38300, the average fine is $238. Yet, the cost can be much higher than the fine imposed by a court. That is because the ticket will add one point on your driving record for 3 years, and that point will increase your insurance premiums.
Depending on the number of points on your driving record and who you’re using for your vehicle insurance, the cost of CVC 38300 can be up to $2500 or more in over 3 years. Moreover, you should keep in mind the motor vehicle department’s point system; if you keep accumulating points, your driving licenses will be suspended. As a result, for a suspended license, it will cost you more in court fines, personal expenses, and lost wages.
Trial by Written Declaration
Trial by written declaration allows you to fight your traffic tickets in writing. According to CVC 40902, the defendant can fight their traffic ticket via mail instead of physically appearing in the court. For the trial by written declaration, you must use the TR-205 court form, and you have to fill up necessary information such as name, citation number and address. Additionally, you must submit the form along with an explanation of what happened and why your ticket should be dismissed.
Why should I choose trial by written declaration instead of traffic school or going to court:
- Traffic school simply hides your point from insurance companies. Meaning traffic school saves a driver from paying a higher insurance premium. In spite of that, your traffic ticket will continue to appear on your driving record and you will still need to pay the fine. If however, you get your ticket dismissed through trial by written declaration, you won’t have to pay a fine and the ticket and point won’t go on your driving record.
- Going to court requires you to take time off of work and prepare a defense. Most of us are too busy to go to court. And we become too nervous when speaking in front of a judge. That is why trial by written declaration is so much better! You can fight your ticket without asking off work and you can avoid trying to defend yourself in-person. All you have to do is mail in your defense.
At Ticketbust, we make fighting traffic tickets through trial by written declaration even easier. Our system completes all legal documents in a professional manner for you to make sure that your traffic ticket goes away, and your driving record remains clean. We can fight all the traffic tickets for you, such as a red-light ticket, speeding, red light camera, cell phone, and sign violation, etc.
TicketBust is ready and well equipped to fight your ticket. We make sure that you maintain a good driving record.
So, if you’ve got a traffic ticket, why wait? Contact us today 800-850-8038