Can You Still Get Traffic School at Trial De Novo

[Makena]

My question involves traffic court in the State of: CA
I got a ticket for VC 22450a: fail to stop at stop sign. If I lose a trial by declartation and opt for a trial de novo, can I still ask for traffic school at that trial if the officer shows up?

Is there a way to see if your citing officer showed up for your case before the trial de novo begins?

[cdwjava]

My question involves traffic court in the State of: CA
I got a ticket for VC 22450a: fail to stop at stop sign. If I lose a trial by declartation and opt for a trial de novo, can I still ask for traffic school at that trial if the officer shows up?

Before trials begin, most traffic courts will give defendants the option to plead guilty and ask for traffic school if they are eligible. However, many traffic courts will tend NOT to grant traffic school requests if the defendant takes the stand at trial and loses.

Is there a way to see if your citing officer showed up for your case before the trial de novo begins?

Most courts I know of will take the roll before asking the question about traffic school, so you will probably know before the question comes up whether your officer is present.

Sit through a couple of traffic court sessions and you will get a feel for how that part works.

[Makena]

So, at a trial de novo does the judge know you are there for a second trial?

If you are there for a trial de novo,will you get the same opportunity,as those who are there for their first trial,to choose traffic school before your trial begins?

[cdwjava]

So, at a trial de novo does the judge know you are there for a second trial?

If you are there for a trial de novo,will you get the same opportunity,as those who are there for their first trial,to choose traffic school before your trial begins?

You should be treated the same as a first trial, but my guess is that the file will contain the info on the TBWD. I have heard on these forums that some courts will not always offer traffic school for de novo trials, but that has not been my experience.

If you sit through a couple of traffic court sessions you might get a feel for things and how they work in your local court.

[HonkingAntelope]

My personal experience has been the direct opposite of cdw's. I've seen quite a few calendars where the judge would ask the defendant if he/she is eligible for traffic school at the beginning of the trial itself and offer it in case of a guilty verdict.

cdw, any chance you could mention which courts and counties require the defendants to elect for traffic school at roll call and tend to deny traffic school to defendants who stand trial? I understand if you can't mention it if it's the area where you currently work, of course.

OP: As cdw said, the best way to find this (and many other things) out is to go to the court where you case is assigned and watch a few sessions of traffic court.

[That Guy]

cdw, any chance you could mention which courts and counties require the defendants to elect for traffic school at roll call and tend to deny traffic school to defendants who stand trial? I understand if you can't mention it if it's the area where you currently work, of course.

I don't think Carl suggested that a court will "require" anything... The way I've seen it, it happens just prior to the judge entering the courtroom, an offer is made by the clerk asking "does anyone who is here for trial want to opt for traffic school at this point?"... You can translate that into "either now or never", but (1) I see it as an attempt to reduce the number of cases on the calender for the day and (2) this is the clerk speaking, not the judge.

As to "where?", I have seen it happen in a few courts in L. A. County and one in Orange County.

[Makena]

I am going to sit through some cases next week to get the details of my court.

I know cdwjava said roll is taken and then traffic school is offered. From anyone else's experience, is roll taken before traffic school is offered by the judge or clerk, so you know if your officer showed?

[That Guy]

I am going to sit through some cases next week to get the details of my court.

I know cdwjava said roll is taken and then traffic school is offered. From anyone else's experience, is roll taken before traffic school is offered by the judge or clerk, so you know if your officer showed?

Its on you to recognize the officer... The clerk is not going to tell you if your officer is there or not (at least they wouldn't the few times I'd seen it happen).

Question is, if you're confident that you have a good defense, what do you care if the officer is there or not???

[cdwjava]

Different counties have differing procedures, and in the counties I have worked - and where I know other officers and we have discussed such things - they read the rolls aloud. if the defendant knows the name of the officer, he or she can usually know whether they are in luck or not.

HA, I'd rather not mention all the counties, but my experience is hardly universal, I am certain. But, in my discussion with other officers it seems to be - or have been - the common practice of the courts to be less likely to allow traffic school after a court trial. Things may be changing in some places, I don't know.