Motor Vehicle Citations & Warnings
I think I read a post the other day, not sure where, that said if one receives a citation or even a warning, it would be on your records permanently. Is this correct and if so does one applying for a driving position have to show any warning tickets on their application?
A "warning ticket", by definition, is not a "citation".
That was always my belief until I read that the warnings would go on your records. Not that I have anything to worry about, never had a ticket, knock on wood, only one warning years ago for going, I think, 6 miles per hour over the limit. Just wanted to verify this.
Betty, I may have been the one who posted about the warning being on the MVR. Scanner listening has been a hobby of mine for years, although I've pretty well gotten away from it of late. Anyone who has listened to the procedure that is followed when an officer pulls over a vehicle can tell you that warning tickets are listed on the MVR. However, if when filling out an application, the application requests that you "List all traffic citations for the past X years.", I would take the postition that a warning ticket is not a "citation". It is not.
Guess this would be on a car drivers DAC report (think that is what it is called) then? Not sure how that works?
I am an avid listner to the scanner, have two in fact, 20 CH. and a portable. I have a feeling it sure is going to be easy to change the topic from what forum one may have started posting on a particular topic to something else on this new Cartaste. Oh well, guess that will be o.k.
If I am not mistaken, an application or annual review may only require you to provide a list of convictions, not a list of citations. If you have not been convicted of a violation then you list it, they are assuming guilt. If I had a ticket pending, I did not ever put it on the list unless I had been tried or admitted guilt prior to the date of the review.
I dispute the post that said a citation is PERMANENTLY part of your record. Actually, it depends which record we are talking about.
If we are talking your DMV or MVA (motor vehicles department record), at least in Virginia, old citations drop off after three years. The point totals live on and may indicate serious problems in the past but the old citations themselves are long gone. No reference to them appears. Thus you can present a "clean" MVR showing nothing in the past three years even though you had two speeding tickets four years ago. I speak from experience on this, having twice in the distant past been caught hotfooting it to get to court on time in 4-wheeler. Funny, the cars have the reputation for speeding, but I was pretty darn law-abiding whenever I drove an 18-wheeler.
BEWARE the CRIMINAL record (NCIC, among others), however, which WILL maintain a permanent record of any criminal troubles you have (hit & run, reckless driving) or any speeding ticket where you are convicted by a court. The officers Chuck overheard were pulling their information off the CRIMINAL record, not the MVR.
Don't misunderstand this to mean that by getting a moving violation ticket you are somehow classified a criminal. You are not. Everybody classifies traffic stuff as being in a different category (except hit-&-run, manslaughter, etc.) but it is still included on the criminal record printout.
They need this long-term information because it is helpful in determining sentencing if a person gets into trouble in the future. Several times I have been in court where the facts were iffy and the judge was thinking of being really generous to the defendant, only to have the prosecutor stand up with an inch-thick printout and (with a flourish) unfurl the thing across the courtroom. Two of the judges I observed asked for a verbal sumM of what was on the report (e.g. 32 speeding tickets spread over 5 years), then adopted a harder line.
So in this repect, yes, your past lives on. This is one reason why fighting a ticket where you are innocent is worth it--regardless of the cost and hassle involved. When answering employment applications, read VERY CAREFULLY the actual questions asked. Most will state a time period, as in "moving violation within the past three years". No, traffic stuff does not count as having a "criminal record" unless of course the unfortunate behavior is also classified as a misdemeanor or felony--if it is, you know it. If you were just issued a citation or summons and not a warrant, then we are probably talking just traffic stuff.
NEVER GUESS on these employment applications. You may do yourself and your future a lot of harm by saying you have strikes against you that you do not have. And this incorrect information then gets picked up by DAC and continues to haunt you and put doubt needlessly in people's minds. If only takes a few minutes on the phone with the court clerk involved, to have any doubt in your mind cleared up. Know before you go.
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