P*****a
发帖数: 629 | 1 My question involves traffic court in the State of: California
I got a speeding ticket in 2011. I contested this one by TBD. The court
clerk just simply sent me back with a notice "I was found Guilty". I
requested traffic school, but the clerk rejected my request. Is there any
way I can appeal to get a traffic school opportunity/ I don't want to have a
bad record. Thanks | f*******n
发帖数: 12623 | 2 Request a "trial de novo", which means you get a brand new trial in court. (
You have a right to this.) When you are in court, if the police shows up,
you can ask the judge for traffic school. Or, you can argue your case and if
you lose you can ask for traffic school.
People will tell you that it is "up to the judge's discretion" whether to
grant you traffic school at this point. Some judges will always give it and
others will not if they think you are wasting their time. However, there is
some conflicting information on this; some case law suggests that they must
give you traffic school if they offered it to you in the past. They
definitely cannot reject traffic school just because you plead not guilty. | P*****a
发帖数: 629 | 3 thank you so much for your reply, however this is some complication:
I sent my TBD on Oct 7th 2011 before the due date. But i never received
anything back from the court. So I sent a letter to ask them what is the
judgement in Feb 1st 2012. I just received a notice from the court clerk and
they said they mailed the notice out on Nov 11th 2011 (I was found Guilt).
So obviously I missed out the 20 day window for requesting Trial de novo, is
there anyway i can argue with this one? I just want to at least request
traffic school.
Thanks for your help.
(
if
and
is
must
【在 f*******n 的大作中提到】
: Request a "trial de novo", which means you get a brand new trial in court. (
: You have a right to this.) When you are in court, if the police shows up,
: you can ask the judge for traffic school. Or, you can argue your case and if
: you lose you can ask for traffic school.
: People will tell you that it is "up to the judge's discretion" whether to
: grant you traffic school at this point. Some judges will always give it and
: others will not if they think you are wasting their time. However, there is
: some conflicting information on this; some case law suggests that they must
: give you traffic school if they offered it to you in the past. They
: definitely cannot reject traffic school just because you plead not guilty.
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