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 11 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.