Good ole CHP...

[LowSpdWobble]

i just found out that i have a point on my driving record from when i crashed on a circular freeway onramp. I thought when the chipper took my info, he was just making sure i had lic., reg. and proof of ins.

For god's sake, i crashed cuz of gravel/dirt being all over the place from constuction people workin in the dirt off the onramp.

wtf is that about? Do i deserve a point on my record for that? i feel like i coulda sued the city for that.

[Som]

I'd be pissed! Go to war for that shit!

Just be prepared to answer the "why you weren't driving appropriately for the road conditions" question. Other than that... fuck that. That's lame.

- Som

[Kurt'sSV]

So what does that have to do with the CHP? He took your info for an incident report. The DMV gave you the point.

[jamsuh]

go get the police report

[agirls]

Yes, and the CHP filed it and it you contest it with DMV, they will tell you that only the issuing officer can reverse the point. My boyfriend was accused of a hit and run, took it to court, and was found not guilty. (Won't bother with the details). Despite his court papers, DMV refused to take it off his record, only the officer could do it. Lucky for my boyfriend, he has been with his insurance agent for like 15 years and was friend's with them, so they ignored the points against him once he gave them a copy of the court docs.

[NukleoN]

A judge can do it...just fight it. It's like a ticket...the officer is only a witness so I don't see how the officer can be judge and jury, resulting in a point on your license. Fight this in court...people get in accidents all the time and don't necessarily get points on their licenses, even with a police report. It's possible you didn't see the gravel for whatever reason, or a car exposed the gravel where it wasn't visible to you earlier. There has to be some recourse, I would think.

[J.Moto]

That sucks, sorry man.

I, on the other hand, just got my El-C insured today, and the accident I had in my GTI didn't show up anywhere, so the insurance agent lady (super cool) whispered to me with her finger over her mouth, "Shhhh, your accident didn't show up, so we're not going to list it." yay for lower insurance premiums!

[jamsuh]

not to be a wet blanket but don't they auto check your insurance/dmv stats every few months on your policy? my company does that so it would show up next time

[agirls]

Dated 8-31-01 (unless they changed their policy)

From the DMV

"The Department of Motor Vehicles does not make corrections and/or changes to accident information submitted by law enforcement agencies. Only a law enforcement officer, present at the accident scene can initiate corrections and/or changes to the accident information.

If an error has been made, please complete the attached form, DL 207-A, and include the amended police report, as well as a copy of the original police report to be mailed to:

DMV....."

There you go. I actually had it filed in the right file in my filing cabinet. Ha!

[T140]

i feel like i coulda sued the city for that.

Well, you might as well go all the way. Talk to an attorney, see if you can sue the city to cover the cost of your repairs and lost time.

If you prove negligence on the part of the city / construction crew, it would be a strong case to remove the point.

[Aeteocles]

I have that exact same letter. I don't know what to do about it, because it doesn't look like the officer who took my report still works at that department.

[Kyoseki]

How would I check whether or not I got a point for my off on the Crest?

It was a Park Ranger who took the information that time, hopefully he's not so anal about traffic enforcement :)

[agirls]

Go to the dmv and run your license. They charge a small fee, I think $5.

http://www.dmv.ca.gov/faq/genfaq.htm#BM2547

How to get a copy of my DMV record, my spouse's record or my child's record

Your DMV record is available to you during normal working hours. You may obtain a copy of your California driving license/identification card and/or vehicle/vessel registration information by:

Visiting your local DMV office (make an appointment for faster service)
Completing a Request for Driver Record Information form INF 1125
Showing identification
Paying the fee
If going into a local field office is not convenient for you or you are out of state, you may request your record by mail. Complete the INF 1125 form available on this web site or prepare a written request, including your name, date of birth, social security number, California driver license number, and your signature, along with a check or money order for $5, and mail to:

Department of Motor Vehicles
Office of Information Services
Public Operations Unit G199
P. O. BOX 944247
Sacramento, California 94244-2470
DMV can also provide you a copy of your spouse or minor children's record as long as they are living at the same address. The INF 70D/70R Request for Driver License/Identification Card or the Request for Vehicle/Vessel Registration form must be completed and submitted with the appropriate fee (provided on the form) for each request.

[LowSpdWobble]

Originally posted by agirls
Go to the dmv and run your license. They charge a small fee, I think $5.

http://www.dmv.ca.gov/faq/genfaq.htm#BM2547

How to get a copy of my DMV record, my spouse's record or my child's record

Your DMV record is available to you during normal working hours. You may obtain a copy of your California driving license/identification card and/or vehicle/vessel registration information by:

Visiting your local DMV office (make an appointment for faster service)
Completing a Request for Driver Record Information form INF 1125
Showing identification
Paying the fee
If going into a local field office is not convenient for you or you are out of state, you may request your record by mail. Complete the INF 1125 form available on this web site or prepare a written request, including your name, date of birth, social security number, California driver license number, and your signature, along with a check or money order for $5, and mail to:

Department of Motor Vehicles
Office of Information Services
Public Operations Unit G199
P. O. BOX 944247
Sacramento, California 94244-2470
DMV can also provide you a copy of your spouse or minor children's record as long as they are living at the same address. The INF 70D/70R Request for Driver License/Identification Card or the Request for Vehicle/Vessel Registration form must be completed and submitted with the appropriate fee (provided on the form) for each request.

Will the dmv record just tell me what i already know about me having that wrongful point? Once i have this DMV record, how do i go about fighting the point and having it removed?


kurt,
i guess my beef with the CHP was that it was sneaky (didn't write me a ticket or anything, i thought he was just verifying that i was all in legal status with lic, regis. and insurance). He knew about the gravel because i told him and he saw it...yet, still wrote me up. AND HE WAS A BIKER COP...coulda happened to him too! Am i wrong for being unhappy with him or is my anger just misdirected?

[agirls]

LowSpdWobble- my last post was directed to Kyoseki. He asked how to check his record. Sorry. You already know you have an accident on your report, so there really is no reason you need it, unless you want to try and find the officer who wrote the original accident report to see if he will admend it. I doubt he will though. He will most likely say you were driving too fast or some bullshit. If you read post #9, that is a letter we received from DMV informing us how to correct the accident report. You have to contact the officer and get him to admend the report. Not likely to happen. We did not bother as it was too much hassle since our insurance company accepted the court ruling as proof of no accident occuring. I do not see an easy fix for you. It will probably cost you less to pay a slightly higher insurance premium for 3 years than it will for you to go after the city to pay for your damages. We only took it to court because once the insurance denied the other driver's claim, she pressed charges. It was a hit and run charge, which I think is a felony. Not something you want on your record. So we paid money to hire an attorney because it was bullshit.

[LowSpdWobble]

Well...i don't want to give up that easy.

How would i get a police report. Hopefully that will have the name of the officer on it. I don't want to sue or anything, just remove the point. What kind of costs am i going to incur trying to fight this that it will be "cheaper" just to take it up the ass?



good ole chp