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  1. #11
    Join Date
    Aug 2005
    Location
    Los Banos, CA
    Posts
    27

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    Just looked the address up, it's only about 35 minutes away from my school, so if I go after class during daylight hours, I should be okay.

    cdwjava: Is there anything you can suggest I do? Should I plead guilty with an explanation and explain that I was trying to pass a line of trucks before the merge so I could make it to school on time? Or should I just explain that it's my first and last citation. You seem to have quite a bit of experience and I would like to know your opinion on the matter. I would absolutely love traffic school, but if it isn't possible by law, then I'll just have to deal with the consequences.

    What would be a good explanation if I were to plead guilty with explanation?

    Sorry, I just realized that my court house is in San Martin, which is part of Santa Clara County. So it should be possible for me to go to another closer court house right? It doesn't make much of a difference either way, but it would just be more convienent.

  2. #12
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,078

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    You could only be tried in a court within the county of jurisdiction. And traffic cases CAN be transferred to another Santa Clara County Court, but this is not common in my experience.

    If it were me, I would attend court and wait to see if the officer shows. If the officer does not show, and he has not provided adequate notice to the court for a continuance, the case will likely be dismissed. If he does show, you can always plead guilty with an explanation and ask if it might be possible to take traffic school or if the court could modify the vioolation to make you eligible.

    You can alsoconsider contacting a traffic attorney (there are several that do nothing but traffic in the S.C. County area) and see if they might be able to do something for you. They might know the likelihood of getting a reduction to make you eligible for traffic school ... but it might cost you several hundred dollars.

    Good luck!

    - Carl

  3. #13
    Join Date
    Aug 2005
    Location
    Los Banos, CA
    Posts
    27

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    Sorry, this would be my first court appearance, so it'd be great if you could answer a few more questions.

    If I go to an arraignment and intend to plead guilty with explaniation, the arresting officer still needs to show? And if he doesn't show, my case would be dismissed? Is that how it works?

    I'll take your advice to heart and follow it. I do intend on contacting a traffic attorney during the upcoming week and seeing what they can actually do. If they can make sure I'm eligible for traffic school, I'm willing to pay a few hundred dollars.

  4. #14
    Join Date
    Aug 2005
    Posts
    117

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    The CA Vehicle Code.

    CVC 42005(f):

    Notwithstanding subdivision (b), a court may not order a
    person to attend traffic violator school in lieu of adjudicating an
    offense if the person was issued a notice to appear for a serious
    traffic violation, as defined in subdivision (i) of Section 15210,
    that occurred in a commercial motor vehicle, as defined in
    subdivision (b) of Section 15210.
    You really ought to read the posts you cite to claim that one cannot attend traffic school.....

    Is there any part of "commercial vehicle" you don't understand?

  5. #15
    Join Date
    Aug 2005
    Posts
    117

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    Motions for a change of venue to the county seat are easy if you know what you are doing.

    The few times I got citations I always demanded of the cop that the venue to be at the county seat. The idea is if it is further away then his home kangaroo court, he is less likely to show up.....when that would happen, I would move the court to find the cop in contempt of corut for disobedience of a lawful subpoena and ask that a bench warrant be issued for his arrest. What's good for the goose is good for the gander.....

  6. #16
    Join Date
    Aug 2005
    Location
    Los Banos, CA
    Posts
    27

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    Quote Quoting DaveBis
    Motions for a change of venue to the county seat are easy if you know what you are doing.

    The few times I got citations I always demanded of the cop that the venue to be at the county seat. The idea is if it is further away then his home kangaroo court, he is less likely to show up.....when that would happen, I would move the court to find the cop in contempt of corut for disobedience of a lawful subpoena and ask that a bench warrant be issued for his arrest. What's good for the goose is good for the gander.....
    How would I go about motioning for a change of venue after I get the ticket? Would I just call the court house and asked for it to be moved to another court in the area?

  7. #17
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,078

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    Quote Quoting DaveBis
    You really ought to read the posts you cite to claim that one cannot attend traffic school.....
    Well, as it turns out a new section became active on 9/20/05 anyway ... the previous section is no longer applicable.

    However, it does seem that unless the driver held a commercial license OR the offense occurred in a commercial vehicle that there is no statutory prohibition against traffic school. The prohibition is, instead, a matter of individual court policy - and this has tended to be 26 MPH.

    So, yes, THIS time I was in error. Thank you for oh so kindly pointing it out.

    - Carl

  8. #18
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,078

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    Quote Quoting DaveBis
    when that would happen, I would move the court to find the cop in contempt of corut for disobedience of a lawful subpoena and ask that a bench warrant be issued for his arrest. What's good for the goose is good for the gander.....
    And I'm sure THAT happens.

    Though there was a judge in San Diego County that did that for a short time ... it ticked off a lot of traffic offenders because suddenly attendance skyrocketed as agencies established policies that would result in discipline against officers for failing to show.

    If my officers FTA I get a call from the judge so I know about it. And they are required to submit to me - in writing - their "excuse". This memo and any counseling or other discipline is placed into their personnel record.

    Needless to say I have had one officer FTA in the last 2 years.

    - Carl

  9. #19
    Join Date
    Aug 2005
    Posts
    117

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    And it is that individual policy of the court that the court must not abused, and denying someone the right to go to traffic school just because they they elect to go to trial has been deemed by published appellate deciscions to be abusive and therefore prohibited.

    As to the speed differential, that is why he must ask first if he can go to traffic school. If the court says yes, then he might as well go trial, he has nothing to lose but time and everything to gain.....

    Makes me wonder why the illegal kangaroo courts and monkey bailiffs have been telling lies for for years, and they have always been wrong about traffic school. You would think the rule of law means something to them, but obviously not.

    I have no problems with paying a fine if I am convicted for violating the elaborate taxation rules they scheme up, but for damn sure they had better abide by all the rules in doing so or they will get called on their hypocrisy.

  10. #20
    Join Date
    Aug 2005
    Location
    Los Banos, CA
    Posts
    27

    Default

    Hi guys, I'm sorry, but I'm not too saavy with the technical talks, can one of you please clarify what you are discussing?

    Am I going to be able to attend traffic school for this citation? And if I am, I should go to court and try to plead against it because no matter what the case verdict is, I will still be eligible for traffic school? Is that what's going on?

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