Is deferred adjudication available to CDL holders in the state of California?
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Is deferred adjudication available to CDL holders in the state of California?
I received my first speeding ticket in 3 years while driving my class C vehicle. I have a Commercial Driver License. Is deferred adjudication available to me as an option if I plead no contest?
Asked on July 6, 2009 under Criminal Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I do not believe that deferred adjudication is available for an offense such as this. You will either plead not guilty, guilty, or no contest (nolo contendere).
However, for the purposes of points and fines, a no contest plea is identical to a guilty plea. The only difference between the two is that a plea of "no contest" cannot be used as an admission of guilt by the opposing party in a civil suit. In a speeding ticket case with no accident (I assume this to be the case since you did not state otherwise), there's no reason for there to be any sort of civil suit so it's irrelevant. If you want to keep this off your record, go to traffic school; it will save you the points and increased insurance costs.
You might however be getting ahead of yourself here. You could plead guilty and fight the ticket; obviously this is your best option if you win. Since I do not specialize in this area of law however, you should consult with an attorney who does. Possibly for a second offense, and with a CDL, there are other legal considerations of which I am unaware.
Best of luck.
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