Section 42005 Of Article 1. Public Offenses From California Vehicle Code >> Division 18. >> Chapter 1. >> Article 1.
42005
. (a) Except as otherwise provided in this section, after a
deposit of the fee under Section 42007 or bail, a plea of guilty or
no contest, or a conviction, a court may order or permit a person who
holds a noncommercial class C, class M1, or class M2 driver's
license who pleads guilty or who pleads no contest or who is
convicted of a traffic offense to attend a traffic violator school
licensed pursuant to Chapter 1.5 (commencing with Section 11200) of
Division 5.
(b) To the extent the court is in conformance with Title 49 of the
Code of Federal Regulations, and except as otherwise provided in
this section, the court may, after deposit of the fee under Section
42007 or bail, 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 of
instruction at a licensed traffic violator school if the person was
operating a vehicle requiring only a class C license, or a class M
license. The court may not order that the record of conviction be
kept confidential. However, the conviction shall not be added to a
violation point count for purposes of determining whether a driver is
presumed to be a negligent operator under Section 12810.5.
(c) The court shall not order that a conviction of an offense be
kept confidential according to Section 1808.7, order or permit
avoidance of consideration of violation point counts under
subdivision (b), or permit a person, regardless of the driver's
license class, to complete a program at a licensed traffic violator
school in lieu of adjudicating an offense if any of the following
applies to the offense:
(1) It occurred in a commercial motor vehicle, as defined in
subdivision (b) of Section 15210.
(2) Is a violation of Section 20001, 20002, 23103, 23104, 23105,
23140, 23152, or 23153, or of Section 23103, as specified in Section
23103.5.
(3) It is a violation described in subdivision (d) or (e) of
Section 12810.
(d) A person ordered to attend a traffic violator school pursuant
to subdivision (a) or (b) may choose the traffic violator school the
person will attend. The court shall provide to each person subject to
that order or referral the department's current list of licensed
traffic violator schools.
(e) A person who willfully fails to comply with a court order to
attend traffic violator school is guilty of a misdemeanor.