Meyer

In this case, on review from the Appellate Division of the Yolo County Superior Court, we hold that a person who held a commercial driver’s license at the time of violation of a traffic offense, but who surrendered the license, is barred from completing traffic school in lieu of adjudicating the traffic offense pursuant to Vehicle Code section 42005, subdivision (c), notwithstanding that the section refers to the present tense “holds a . . . commercial. . . license . . . .”

Defendant Brittaney Danielle Meyer entered her plea of no contest to the infraction of driving 80 miles per hour on State Route 113, which has a posted speed limit of 65 miles per hour. (§ 22349, subd. (a).) She made a motion to attend traffic school in lieu of entry of judgment on the violation (§ 42005, subds. (a) & (b)), which the court denied on the basis that she had held a commercial driver’s license at the time of the violation (§ 42005, subd. (c) (section 42005(c))) even though she had surrendered it before the motion and held only a noncommercial class C license at the time of the motion.

She sought review of the order in the Appellate Division of Yolo Superior Court. (Pen. Code, § 1466.)…