Re: Ineligible for Trial by Written Declaration
well, it does actually state that part I underlined?
I don't see how they can do so and I would suggest -again- that you contact the clerk.
Well, no... Actually, a TBD can be requested from the clerk you do not need to wait to do so at the arraignment and as far as I know, the clerk is authorized to offer and grant TBD requests and as such, those are not requested from the judge. If you do request it from the judge, s/he will refer you to the clerk.
If you were to read Rule 4.210 you'll see that the defendant is doing everything with the clerk:
The defendant must file a Request for Trial by Written Declaration (form TR-205) with the clerk by the appearance date...
The defendant must deposit bail with the clerk by the appearance date....
Hold the presses! I think I've got it!!!
See if this makes a difference:
In other words, "If your appearance is mandatory, you MUST schedule a court appearance. You Have no other options and no, not even a trial by declaration! Do not pass go. Do not collect $200!
For you, however, your appearance is OPTIONAL and as such, you need not schedule a court appearance if you choose not to appear), but you also have the option of a TBD.
That takes us back to what I was told, you have to post bail along with submitting your TBD request.
My advice? Don't do anything by mail.
- Complete the basic info on a TR-205.
- Print 2 copies of the form.
- Go to court.
- Take both copies with you to court along with a check for the bail amount. (write "not guilty TRWD request + bail for [citation Number]" on the Memo part of the check).
- Turn one in with the clerk and have him/her stamp your copy with a date stamp (It'll show the court's name, the date, the word "FILED" and the clerk's name for your county).
- Now you get to wait for your TBD form in the mail (or they might complete it -write in the due date and the bail amount they received- and give it right back to you).
Actually, CRYSTAL clear! (I think). Though there are always questions to ask...
How many lanes are each road?
Is it safe to assume you were in the roadway on the left and your only "lawful" choice was to make a left but you went straight through the intersection in spite of the fact that your indication only shows a green arrow? And the sign only show a left turn option?
Its not that the circular green trumps the sign, it is that a green circular light does give you one of three options, a right turn, a straight through move or a left turn. But the movement(s) allowed by a circular green and a green arrow are defined independently under VC 21451:
(a) A driver facing a circular green signal shall proceed straight through or turn right or left or make a U-turn unless a sign
prohibits a U-turn. Any driver, including one turning, shall yield the right-of-way to other traffic and to pedestrians lawfully within
the intersection or an adjacent crosswalk.
(b) A driver facing a green arrow signal, shown alone or in combination with another indication, shall enter the intersection only to make the movement indicated by that green arrow or any other movement that is permitted by other indications shown at the same time. A driver facing a left green arrow may also make a U-turn unless prohibited by a sign. A driver shall yield the right-of-way to other traffic and to pedestrians lawfully within the intersection or an adjacent crosswalk.
(c) A pedestrian facing a circular green signal, unless prohibited by sign or otherwise directed by a pedestrian control signal as provided in Section 21456, may proceed across the roadway within any marked or unmarked crosswalk, but shall yield the right-of-way to vehicles lawfully within the intersection at the time that signal is first shown.
(d) A pedestrian facing a green arrow turn signal, unless otherwise directed by a pedestrian control signal as provided in Section 21456, shall not enter the roadway.
Now, on the right roadway, if there is a sign that shows a left turn only and yet the traffic light shows both a left turn arrow and a circular red then there is a conflict but my guess is that there is an additional lane for the straight though movement, then the green arrow as well as the left turn sign both designate the allowed movement from that left lane on the right roadway. And the other lane on the right roadway is designated for the straight through movement.
Either way, that is the right roadway... Even if there is conflict in the signage over there, it really does not mitigate your circumstances any. I mean you were on the left roadway which has a left turn arrow sign, plus a left turn green arrow, and by definition both traffic control devices (the signal and the sign) are in agreement and yet you violated the direction of both. This is where 22101 comes in and says:
(a) The Department of Transportation or local authorities in respect to highways under their respective jurisdictions, may cause official traffic control devices to be placed or erected within or adjacent to intersections to regulate or prohibit turning movements at such intersections.
(b) When turning movements are required at an intersection notice of such requirement shall be given by erection of a sign, unless an additional clearly marked traffic lane is provided for the approach to the turning movement, in which event notice as applicable to such additional traffic lane shall be given by any official traffic control device.
(c) When right- or left-hand turns are prohibited at an intersection notice of such prohibition shall be given by erection of a sign.
(d) When official traffic control devices are placed as required in subdivisions (b) or (c), it shall be unlawful for any driver of a vehicle to disobey the directions of such official traffic control devices.
So if I'm close on my assumptions and analysis, what are you contesting? Why do you believe you are not guilty?
I am right 97% of the time... Who cares about the other 4%!