Contesting Traffic Ticket Strategy
Name of State: California
What is the name of your state? California
I've been posting on the free advice forums with no response and I need to make a decision soon of whether or not I will take the time to contest! So, I will try my luck here...
So I've been reading the Nolo book on how to fight a traffic ticket and have come up with this strategy. If anyone has read the book, tried any of these steps, or has any other insight or experience, let me know because I'm going to make my decision by April as to fight it or just go to traffic school. My fine is $185 with traffic school for a bogus charge of 21950(a) failure to yield to a ped. in crosswalk. He was completely on the other side and his right of way or safety was never threatened and I wasn't even close to running him down. It was a right turn on red into a college in Santa Clara County where I stopped at the light before I turned. What is more frustrating is that I just learned in my school newspaper that after Feb.18, deputys where heavily patrolling the roads around the campus looking for traffic violators (at request of the city). Here are the steps that I learned from the Nolo that I plan to use...
1. Choose the arraignment option on my courtesey notice...or is it better to request it in person? If the arraginment date is more than 3 months from my violation, I will request a motion for a lack of speedy trial ("unnecessary pre-arraignment delay"). If my case isn't dismissed during the request or motion hearing, I will...
2. Ask for a trial by written declaration. If the date that the declaration will be read is not within 45 days (speedy trial period which I won't waive because I'm asking for it in person), I will insist that it is. Then on the same day, I will mail in my discovery request where they either have to respond within 20 days after I mailed it or 30 days before the trial, where chances are they wont go through with it within 45 days. If they don't meet the requirements, I will request a motion hearing with the clerk for failing to answer to a discovery request on time. If the case is not dismissed there, or is just delayed, I will just submit my TBWD on whatever day I'm supposed to. If found guilty on my TBWD, my next step is...
3. Request a "Trial de Novo". If the trial date is not within 45 days, I will request the case be dismissed on the date of the trial. If it is within 45 days, I will just show up to the trial, see if the officer shows and if he does, request traffic school (since the santa clara county court states on the website that traffic school is lost only when you are found guilty at trial). If he doesnt, of course, I will not request traffic school and get the case dismissed.
Tell me honestly what you all think! Better to know now if something in my plan is wrong instead of when its too late! My idea, as was the Nolo book's, is that I take the time and use every step of the legal process. This way, I can have my best chance of fighting the "bogus" ticket. Also, I live in South San Jose and intend on taking the Cal-train up to the Pal Alto Courthouse so I need to know if its worth the 3-4 trips I would have to make up there! thanks in advance!
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