What happens if a citation does not notify the defendant of the right to take a driving safety course?

• A. The defendant can continue to exercise his or her right to take the course until the person is informed of the right or until the case is disposed
• B. The court must dismiss the case
• C. The defendant loses the right to take the course
• D. The defendant must appear at a hearing

Answer: (A)

Notifying someone about the right to take a driving safety course is a matter of fair process. If the citation doesn’t inform the defendant of that right, the option to take the course isn’t lost. The defendant can still exercise the right to take the course up until proper notice is given or the case is disposed. This preserves the opportunity to avoid penalties or points and avoids penalizing the defendant for a notice error. It wouldn’t automatically dismiss the case, nor require a hearing just because notice was missing, and the right isn’t extinguished by the lack of initial notice.