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  1. #1

    Default Traffic School at Trial De Novo

    My question involves traffic court in the State of: CA

    I heard that most people can request trial by declaration to fight in writing even before you show up in court. I got ticket for crossing over yellow line to carpool, but I am sure it was dotted. I was driving in the carpool for a good one min before I saw the sirens. He didn't even have proof so its his word vs my word in court = judge will go with his word.

    I don't know how to fight this one as it is probably not going to work. Assuming the written declaration will be rejected, so when I request a trial de novo and IF the cop shows up in court, can I request traffic school? Or do you automatically lose if the cop shows up???

    What else can I do to ensure I have better chances? I heard changing court locations help, but not sure how exactly to do that. You can't call court to change locations....thoughts?

  2. #2
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    Default Re: Traffic School at Trial De Novo

    Quote Quoting jyeh74
    View Post
    I was driving in the carpool for a good one min before I saw the sirens
    Why does that change anything??? It probably took a minute for the officer to maneuver around traffic to get behind you to pull you over. That doesn't mean you did not cross over the solid double lines. So you'll have to come up with a different defense.

    Quote Quoting jyeh74
    View Post
    Assuming the written declaration will be rejected, so when I request a trial de novo and IF the cop shows up in court, can I request traffic school?
    Yes, you can request it... Although there are no guarantees that the judge will allow traffic school at that point.

  3. #3

    Default Re: Traffic School at Trial De Novo

    I am positive it was white dotted line. So this will be tough to challenge. His word vs mine. I have a person in the car who can testify but I'm sure that doesn't matter.

    So you have seen cases where the judge does not allow traffic school, even if the person is allowed at the trial de novo?

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