Fighting a Moving Violation and a Tint Ticket in Court

[jt21]

My question involves traffic court in the State of: California

My court date is next week and this is my first time getting a moving violation ticket and going to court. I got a ticket 2 months ago for crossing a double solid line because I was avoiding another car that was swerving onto my lane. I made sure that there was no other cars before doing so. Apparently, the LEO that was a couple cars behind me saw me swerving over the double solid lines but didn't see the car that I was trying to avoid and gave me a ticket. I have pleaded not guilty, but if the judge finds me guilty, how do I ask for a reduced fine and traffic school? Also, if the LEO do not show up, what do I say or do?

The LEO also gave me a ticket for tint (non-correctable). This is my 4th tint ticket in about 4 years. Do I stand a chance contesting my tint ticket and ask for a fix-it ticket instead? Does the court actually have all the record of my tint tickets and use that against me during my trial?

Thanks in advance.

[That Guy]

My question involves traffic court in the State of: California

My court date is next week and this is my first time getting a moving violation ticket and going to court. I got a ticket 2 months ago for crossing a double solid line because I was avoiding another car that was swerving onto my lane. I made sure that there was no other cars before doing so. Apparently, the LEO that was a couple cars behind me saw me swerving over the double solid lines but didn't see the car that I was trying to avoid and gave me a ticket. I have pleaded not guilty, but if the judge finds me guilty, how do I ask for a reduced fine and traffic school?

It might be too late for both or either by then. Your best bet at a fine reduction and traffic school is at the arraignment.

Also, if the LEO do not show up, what do I say or do?

It depends on why he didn't show. Sometimes they contact the court and request an extension, other times the judge will continue the case, and yet other times the judge will dismiss it. There is not much you can say or do to change the judge's mind if he's set on one way or the other.

The LEO also gave me a ticket for tint (non-correctable). This is my 4th tint ticket in about 4 years. Do I stand a chance contesting my tint ticket and ask for a fix-it ticket instead? Does the court actually have all the record of my tint tickets and use that against me during my trial?

Some judges make it habit of requesting a DMV print out for all cases they're hearing. Otherwise, he is likely to ask the officer why it was written as non-correctable. If the officer mentions "persistent neglect" or "refusal to correct" -as evidenced by your continued lack of compliance- (see VC 40610) as a reason for his decision to write as non-correctable, you're pretty much stuck with having to pay the full fine.

In both cases, the fine reduction/traffic school AND you waiting until the trial to ask for a fix it ticket makes little sense... Had you walked in to your arraignment with proof of correction in hand, asked for a fine reduction on the crossing the double lines and opted for traffic school, my guess is you could have gotten all three. But it sounds like you're playing on the slim chance that the officer will not appear!

[jt21]

Thanks for your response.

How do I know if it is a trial or a arraignment? This will be my first time to court since I got pulled over.

Edit: It will be my trial because I did my arraignment through mail. I did not know that I was suppose to show up to court for arraignment to ask for a reduced fine or traffic court.

Is it still too late to show the judge proof of correction on the tint?

[That Guy]

How do I know if it is a trial or a arraignment? This will be my first time to court since I got pulled over.

Edit: It will be my trial because I did my arraignment through mail. I did not know that I was suppose to show up to court for arraignment to ask for a reduced fine or traffic court.

Well, technically, and unless you're doing a TBD then there is no such thing as an arraignment by mail. If you mean you sent in a plea by mail, included the bail amount and requested a trial date in writing:

CVC 40519 (b)

Any person who has received a written notice to appear may, prior to the time at which the person is required to appear, plead not guilty in writing in lieu of appearing in person. The written plea shall be directed to the court named in the notice to appear and, if mailed, shall be sent by certified or registered mail postmarked not later than five days prior to the day upon which appearance is required. The written plea and request to the court or city agency shall be accompanied by a deposit consisting of the amount of bail established pursuant to Section 1269b of the Penal Code, together with any assessment required by Section 42006 of this code or Section 1464 of the Penal Code, for that offense, which amount shall be used for the purpose of guaranteeing the appearance of the defendant at the time and place set by the court for trial and to apply toward the payment of any fine or assessment prescribed by the court in the event of conviction. Upon receipt of the plea and deposit, the case shall be set for arraignment and trial on the same date, unless the defendant requests separate arraignment. Thereafter, the case shall be conducted in the same manner as if the defendant had appeared in person, had made his or her plea in open court, and had deposited that sum as bail. The court or the clerk of the court shall notify the accused of the time and place of trial by first-class mail postmarked at least 10 days prior to the time set for the trial. Any person using this procedure shall be deemed to have waived the right to be tried within the statutory period.

The disadvantage as far as your question is concerned is, and the reason you might typically get a fine reduction is simply because you're not occupying the court's trial calendar, not requiring the officer to appear, and instead agreeing to dispose of the matter in exchange for a little discount so to speak. So you're actually taking up a slot on that day's trial calendar, and its probably too late to notify the officer to not show up. So even though the judge might still ask you how do you plead -as if it were your arraignment- you are not likely to get a reduction. In fact, if you posted bail, the court has your money already, and they have a pretty tight grip on it... Hahaaaa...

What you might get though, as I have seen this be offered several times, is you might get the traffic court clerk to offer for traffic school. "without telling you whether your officer is here or not, and assuming you are eligible, anyone interested in taking advantage of what will probably be your last opportunity for traffic school step right up and get in line on this side of the room"... So arrive early and keep your ears open.

Is it still too late to show the judge proof of correction on the tint?

Its possible... You can ask and the worst that might happen is he'll say "no". Yeah, you've taken the tint off by then but so what? If for some reason you keep getting cited for it, is it worth keeping? In fact, I would try to get a feel for it by asking the clerk before the court is in session.

Good luck!

BTW, the part I underlined about waiving time means that by following that procedure, you made an implied time waiver of your right to be tried within 45 days of the arraignment date (simply because there was no arraignment date). So one of the disadvantages to that is if for the slightest little reason the cop decided to show up, it makes it easy for the judge to reschedule the case to a later date without having to worry about staying within the statutory 45 day period. Essentially, he now has all the time in the world before he must hold a trial for you. Just for future reference!

[jt21]

Ouch, seems like I am screwed.

Will the clerk still give me the option of pleading guilty for traffic school/ fine reduction before the trial? My best bet is to try to explain my case and see if the judge is willing to side with me. Seems like my only option right now, unfortunately.

Well, technically, and unless you're doing a TBD then there is no such thing as an arraignment by mail. If you mean you sent in a plea by mail, included the bail amount and requested a trial date in writing:

CVC 40519 (b)

Any person who has received a written notice to appear may, prior to the time at which the person is required to appear, plead not guilty in writing in lieu of appearing in person. The written plea shall be directed to the court named in the notice to appear and, if mailed, shall be sent by certified or registered mail postmarked not later than five days prior to the day upon which appearance is required. The written plea and request to the court or city agency shall be accompanied by a deposit consisting of the amount of bail established pursuant to Section 1269b of the Penal Code, together with any assessment required by Section 42006 of this code or Section 1464 of the Penal Code, for that offense, which amount shall be used for the purpose of guaranteeing the appearance of the defendant at the time and place set by the court for trial and to apply toward the payment of any fine or assessment prescribed by the court in the event of conviction. Upon receipt of the plea and deposit, the case shall be set for arraignment and trial on the same date, unless the defendant requests separate arraignment. Thereafter, the case shall be conducted in the same manner as if the defendant had appeared in person, had made his or her plea in open court, and had deposited that sum as bail. The court or the clerk of the court shall notify the accused of the time and place of trial by first-class mail postmarked at least 10 days prior to the time set for the trial. Any person using this procedure shall be deemed to have waived the right to be tried within the statutory period.

The disadvantage as far as your question is concerned is, and the reason you might typically get a fine reduction is simply because you're not occupying the court's trial calendar, not requiring the officer to appear, and instead agreeing to dispose of the matter in exchange for a little discount so to speak. So you're actually taking up a slot on that day's trial calendar, and its probably too late to notify the officer to not show up. So even though the judge might still ask you how do you plead -as if it were your arraignment- you are not likely to get a reduction. In fact, if you posted bail, the court has your money already, and they have a pretty tight grip on it... Hahaaaa...

What you might get though, as I have seen this be offered several times, is you might get the traffic court clerk to offer for traffic school. "without telling you whether your officer is here or not, and assuming you are eligible, anyone interested in taking advantage of what will probably be your last opportunity for traffic school step right up and get in line on this side of the room"... So arrive early and keep your ears open.



Its possible... You can ask and the worst that might happen is he'll say "no". Yeah, you've taken the tint off by then but so what? If for some reason you keep getting cited for it, is it worth keeping? In fact, I would try to get a feel for it by asking the clerk before the court is in session.

Good luck!

BTW, the part I underlined about waiving time means that by following that procedure, you made an implied time waiver of your right to be tried within 45 days of the arraignment date (simply because there was no arraignment date). So one of the disadvantages to that is if for the slightest little reason the cop decided to show up, it makes it easy for the judge to reschedule the case to a later date without having to worry about staying within the statutory 45 day period. Essentially, he now has all the time in the world before he must hold a trial for you. Just for future reference!

[That Guy]

Ouch, seems like I am screwed.

Well, not really, unless you were banking on total dismissal, you can still opt for traffic school via the clerk, that way you can avoid the point, you can then sit back and wait until the judge comes in to see if you can get the correction for the tint. Both of those are maybes, but really better maybes than the officer not showing!

Will the clerk still give me the option of pleading guilty for traffic school/ fine reduction before the trial?

The clerk has no authority to reduce the fine! If you were initially eligible for traffic school he can manage that part, but to offer you a fine reduction, that option is pretty much gone in the wind!

My best bet is to try to explain my case and see if the judge is willing to side with me.

That, in my opinion, is your worst bet.

Why?

Simply because the judge has heard that excuse more times than you can imagine! It could possibly be the 100% honest truth in your case, and it would still sound manufactured in China! In Bulk. (No pun intended).

Seems like my only option right now, unfortunately.

I've explained other options to you... You decide what is viable... Its your case!

Good luck!