traffic violation help please.
05-04-2010, 07:05 PM
#21
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interesting... i was worry about the traffic school option there.
so it sound like i should try to fight, if i lost then try to request to take traffic school. only thing worry me is if i lost the written declaration that mean i have to go to court, and i didnt know i could ask the cop to change it to a court near to me. so if i need to go to court it is way too far for me 350 miles ...lol
so it sound like i should try to fight, if i lost then try to request to take traffic school. only thing worry me is if i lost the written declaration that mean i have to go to court, and i didnt know i could ask the cop to change it to a court near to me. so if i need to go to court it is way too far for me 350 miles ...lol
05-04-2010, 11:30 PM
#23
Originally Posted by jasonw,May 4 2010, 06:56 PM
That is not in any way true that you have to waive your right to traffic school.
I have lost a TBD where my only defense was, "I am not guilty, but if the court disagrees, please reduce my fine and allow me to take traffic school". Traffic school was not even an option when I got the courtesy notice. The judge cut my fine in 1/2 and allowed me to take traffic school.
So you can include a request for traffic school if you lose, but it is better not to. You are better off waiting for the results to the TBD, then you have ample opportunity to take traffic school, if necessary.
Do every one a favor and do not post misinformation. You recommended going to court anyways, so there is nothing to lose by doing a TBD first. That way you get two chances to beat the ticket instead of 1, and the cop is more likely to go to court than fill out a TBD response.
I have lost a TBD where my only defense was, "I am not guilty, but if the court disagrees, please reduce my fine and allow me to take traffic school". Traffic school was not even an option when I got the courtesy notice. The judge cut my fine in 1/2 and allowed me to take traffic school.
So you can include a request for traffic school if you lose, but it is better not to. You are better off waiting for the results to the TBD, then you have ample opportunity to take traffic school, if necessary.
Do every one a favor and do not post misinformation. You recommended going to court anyways, so there is nothing to lose by doing a TBD first. That way you get two chances to beat the ticket instead of 1, and the cop is more likely to go to court than fill out a TBD response.
On top of that, your situation isn't even the same thing. You went in knowing you weren't eligible in the first place to take traffic school, and your trial itself was asking for traffic school. You can ask for traffic school when you take it to court after losing a TBD, but that's after you ALREADY waived your automatic right to take it. It's up to the judge whether or not he will give it to you, although unless you meet a total dick judge he probably will, as long as your offense wasn't anything too serious.
I'm not saying you will definitely waive your right to take traffic school if you lose a trial by declaration, but it happened to me. Yes it was a speeding ticket, and yes I was eligible for traffic school before I decided to fight it.
I've gotten a total of 3 speeding tickets, 2 of which were going to fast for conditions, and 1 was for exceeding the maximum speed limit. I did trial by declaration for all of them. Won the first two, lost the third. I'm not trying to spout any false information, I'm simply contributing in the ways that I can.
Good luck op.
05-05-2010, 06:43 AM
#24
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Originally Posted by hellspare,May 5 2010, 12:30 AM
Well I'm speaking from personal experience, as you seem to be as well. What are you going to tell him when he does lose the trial and is ineligible for traffic school?
On top of that, your situation isn't even the same thing. You went in knowing you weren't eligible in the first place to take traffic school, and your trial itself was asking for traffic school. You can ask for traffic school when you take it to court after losing a TBD, but that's after you ALREADY waived your automatic right to take it. It's up to the judge whether or not he will give it to you, although unless you meet a total dick judge he probably will, as long as your offense wasn't anything too serious.
I'm not saying you will definitely waive your right to take traffic school if you lose a trial by declaration, but it happened to me. Yes it was a speeding ticket, and yes I was eligible for traffic school before I decided to fight it.
I've gotten a total of 3 speeding tickets, 2 of which were going to fast for conditions, and 1 was for exceeding the maximum speed limit. I did trial by declaration for all of them. Won the first two, lost the third. I'm not trying to spout any false information, I'm simply contributing in the ways that I can.
Good luck op.
On top of that, your situation isn't even the same thing. You went in knowing you weren't eligible in the first place to take traffic school, and your trial itself was asking for traffic school. You can ask for traffic school when you take it to court after losing a TBD, but that's after you ALREADY waived your automatic right to take it. It's up to the judge whether or not he will give it to you, although unless you meet a total dick judge he probably will, as long as your offense wasn't anything too serious.
I'm not saying you will definitely waive your right to take traffic school if you lose a trial by declaration, but it happened to me. Yes it was a speeding ticket, and yes I was eligible for traffic school before I decided to fight it.
I've gotten a total of 3 speeding tickets, 2 of which were going to fast for conditions, and 1 was for exceeding the maximum speed limit. I did trial by declaration for all of them. Won the first two, lost the third. I'm not trying to spout any false information, I'm simply contributing in the ways that I can.
Good luck op.
People v. Wozniak (1987) 197 Cal.App.3d Supp. 43 , 243 Cal.Rptr. 686
"The trial judge has the power to order defendant to attend traffic school. If the trial judge believes that a defendant's circumstances indicate that a defendant would benefit from attending school, such attendance should be authorized. The question of such imposition should not be affected by the order in which plea, explanation and request (for school) are presented. To decide on defendant's entitlement to traffic school on the basis of the order of presentation rather than the facts of the case is capricious and arbitrary."
"The trial judge has the power to order defendant to attend traffic school. If the trial judge believes that a defendant's circumstances indicate that a defendant would benefit from attending school, such attendance should be authorized. The question of such imposition should not be affected by the order in which plea, explanation and request (for school) are presented. To decide on defendant's entitlement to traffic school on the basis of the order of presentation rather than the facts of the case is capricious and arbitrary."
05-05-2010, 11:00 AM
#25
Originally Posted by jasonw,May 5 2010, 06:43 AM
You won 66% of TBDs against speeding tickets and then say, "Don't bother with written trial by declaration on a ticket like this. When the cop says you went over the maximum speed limit he most likely had you on radar."??????? Think before you type.
If you write one more post on this, I'm going to explode.
Yes I won 2 out of my 3 tickets, but I see a clear pattern on which ones are easier to fight. Some tickets, for example 22350, the law itself does not state you surpassed the maximum speed limit, but that you were just going too fast for the conditions allowed. In those cases as long as you can prove you were NOT going too fast for the conditions that day, the cop's radar doesn't prove anything. On the other hand, for tickets that clearly states a maximum speed limit for that road, and you went over it, the radar reading is solid proof to the judge that you broke the law.
I'm sorry I'm not cool enough to get more tickets like you, but I'm not lying about anything. So get off your high horse and stop trying to call me out. I want the guy to fight the ticket and win also, but I'm also trying to let him know the possible consequences of losing it.
05-05-2010, 08:44 PM
#26
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It's good that your are backpeddling to a more nuanced position. Still, I really don't mind ticking off people who post bad advice like:
[QUOTE=hellspare,May 4 2010, 07:09 PM]Don't bother with written trial by declaration on a ticket like this.
[QUOTE=hellspare,May 4 2010, 07:09 PM]Don't bother with written trial by declaration on a ticket like this.
05-05-2010, 09:47 PM
#27
Backpeddling? I've been saying the same friggin thing.
You're obviously pushing the guy to fight the ticket via trial by declaration, and I'm just letting him know my personal experiences associated with that.
I'm not going to clutter this thread with arguments anymore, but if you think the offense has nothing to do with your chances of winning, you're just stubborn and I have nothing else to say. You can't fight every ticket assuming the cop won't write back. I learned this the hard way.
Have a nice day.
You're obviously pushing the guy to fight the ticket via trial by declaration, and I'm just letting him know my personal experiences associated with that.
I'm not going to clutter this thread with arguments anymore, but if you think the offense has nothing to do with your chances of winning, you're just stubborn and I have nothing else to say. You can't fight every ticket assuming the cop won't write back. I learned this the hard way.
Have a nice day.
05-06-2010, 10:03 AM
#28
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Agreed with the above post, if you're eligible to take traffic school just take it. If you're not eligible, show up to the initial court date to make your plea. The one and only time I've had to do this the judge dropped my fine by 30% and offered me traffic school. He seemed to pretty much always be looking for a way to go as easy as he could with everyone who bothered to show up. That said, when some dude with a mullet rolled in with his 10th moving violation the judge took his license on the spot. So long as you're not a total dirtbag and actually show up, you'll be fine.
05-06-2010, 12:36 PM
#29
Regarding registration, any car that is in the state for more than 30 days (or something like that) MUST be registered in the state, regardless of the owner. Neighbors are encouraged to report each other via a state hotline. It's unlikely that you would get reported, but there is no legal way for you to keep the car here without registering it here.
