West Virginia Traffic School: What Actually Helps With a Ticket

First, the honest answer: no traffic school here

Not the kind drivers from California or Florida have in mind. Nothing in state law or DMV policy lets you swap a class for a dismissal or a spotless record. On its point system page the DMV is direct: the course reduces points, and the infraction remains on file for five years.

If a site claims its online class will clear a ticket in this state, be skeptical. The DMV will not even accept online courses for point reduction.

Before your court date: asking for dismissal

Rule 7(d) of the magistrate courts' criminal procedure rules gives you a formal request. The form is SCA-M340NP. Once the prosecutor receives it, there are 10 days to object; with no objection, the magistrate is free to dismiss. An objection sends the case on to a hearing or trial.

Nothing about it is automatic. The magistrate decides, and habits differ from county to county, so before filing, call the clerk for the county printed on the citation and ask what that court expects to see attached.

Before your court date: pleading and paying

Pleading guilty or no contest ends the case in a conviction, and the court sends it to the DMV for points. Most citations allow that plea by phone to a magistrate in the county where it happened, followed by mailing the signed plea form and payment. The judiciary's website links to an online portal for paying magistrate court fines.

Certain charges require you to appear before a magistrate in person, among them DUI, reckless driving and most charges of driving while suspended or revoked. A not guilty plea can be entered in person or by mail.

Example: a driver with a 3 point speeding ticket who already has 10 points would land at 13 by paying. Filing the motion to dismiss first, or asking the prosecutor about a reduced charge, may be worth the phone call.

If you contest the ticket

After a not guilty plea, the trial is before a magistrate alone, unless you file a written jury demand no later than 20 days after your initial appearance. The prosecutor may offer a plea agreement before trial, for example a lesser charge carrying fewer points.

If you lose, an appeal to circuit court starts with a notice filed in magistrate court inside 20 days of sentencing. For good cause the circuit court may take a late appeal, though never more than 90 days out.

If the judge orders a course

A magistrate can build a driving course into a sentence or plea deal. Treat that as a court order, unrelated to DMV points: take the course the court names and file the proof it asks for.

Teens have a related DMV rule. W. Va. Code 17B-2-3a sends any Level 2 driver with a first moving violation conviction to an approved driver improvement program.

After a conviction: the DMV's point course

When the conviction has posted, an approved classroom defensive driving course knocks 3 points off your record, once in any 12 months. Take it before the points post and it is wasted. The point system page lists approved providers with phone numbers, and the DMV does not set the price.

There is one more use: if you are at 12 or 13 points with a 30 day suspension pending, getting proof and the $50 reinstatement fee to the DMV before the start date cancels it. At 14 points or above, it cannot stop the suspension.

If you hold a CDL

For CDL holders, nothing gets masked or deferred: the point rule says each of their citations goes on the record. The minor speeding exemption (10 mph or less over, zero points for ordinary drivers) also disappears for anyone with a CDL or driving a commercial vehicle.

Federal rules also make a CDL holder report traffic convictions to the employer, so speak with your employer, and a lawyer for anything serious, before you enter a plea.