What Do I Do at a Trial De Novo

[herestoyou]

My question involves traffic court in the State of: California

I have a trial de novo scheduled for Sunday, November 25, at 1:30pm, and i've never gone to court or done anything like this before whatsoever....so i have a few inquiries.

My question is what do i do there? what happens? what are the procedures, etc.?

I'm not going to try to fight it since i've already lost my TBWD, but I would like to request a fine reduction and traffic school. When would i ask for this? what would the judge say that will let me know it's my turn to speak/ask for that?

my ticket was for no headlights on during hours of darkness

oh yeah and one more thing...the judge that found me guilty for my TBWD is the same judge that will be hearing my trial de novo...can i get a different judge? or ask for a different courthouse? anything to avoid him?

thanks a million everyone!

[That Guy]

I have a trial de novo scheduled for Sunday, November 25, at 1:30pm

Court is not open on Sundays!

[herestoyou]

oops it's on wednesday....sorry. its cuz today is Sunday so I was thinking wedesnday but wrote Sunday. and yeah....

[herestoyou]

can someone help please!??????

please??


please??

any advice would be greatful...you don't even have to asnwer all the questions, the most important one i want to know is what are the procedures? what is going to happen/what do i do when i wak in the courtroom?

[h8dlapd]

Trial de novo:

If you're heading into this with a strategy to "request a fine reduction and traffic school," you don't have to do much. Just hope the judge/commissioner does reduce the fine and allows traffic school (if traffic school is available to you and your offense).

Is it possible he might deny the fine reduction because you've added to the court's calendar, yes...but I've seen judges reduce fines even absent a request from the defendant. Be sure to have an argument for the fine reduction and traffic school.

“According to California Rules of Court, Rule 4.104(c)(3), “[a] defendant who is otherwise eligible for traffic violator school is not made ineligible by entering a plea other than guilty or by exercising his or her right to trial. A traffic violator school request must be considered based on the individual circumstances of the specific case.” I'd, however, advise you against fighting your case and subsequently asking for traffic school.

“Subdivision (c)(3) reflects court rulings in cases where defendants wished to plead not guilty and have the court order attendance of traffic violator school if found guilty after trial. According to People vs. Schindler, a court has discretion to grant or not grant traffic violator school. However, the court may not arbitrarily refuse to consider a request for traffic violator school because a defendant pleads not guilty. (Schindler, People vs. Wozniak, People vs. Enochs).

Respectfully remind the judge/commissioner that the law does not permit a Court to routinely apply a policy against traffic school for those who go to trial and lose (People v. Wozniak (1987) 197 Cal.App.3d Supp. 43, 243 Cal.Rptr. 686; People v. Enochs (1976) 62 Cal.App.3d Supp. 42, 43-44, 133 Cal.Rptr. 363).”

Preemptive request:

You can always all the court and speak with one of the clerks and ask that you be permitted to attend traffic school in lieu of appearing in court (Nov. 25th). Downside is that they probably won't have the authority to reduce the fine.

Best of luck.

[That Guy]

Great post h8dlapd... And I am glad to see that People v. Schindler made it in your post as that might quite possibly be the most important case to cite for the OP.

Is it possible he might deny the fine reduction because you've added to the court's calendar

I wholeheartedly agree with that point... Don't forget about the time, effort and resources that the court had to expend for filing, reviewing and deciding the TBD.

Point is, and while knowing that you could not have had a reasonable defense for a "no headlight" violation, the time to request the fine reduction and traffic school would have been at the arraignment. Not after a TBD and during a TDN.

Who knows though... You might get a sympathetic judge.

Respectfully remind the judge/commissioner that the law does not permit a Court to routinely apply a policy against traffic school for those who go to trial and lose (People v. Wozniak (1987) 197 Cal.App.3d Supp. 43, 243 Cal.Rptr. 686; People v. Enochs (1976) 62 Cal.App.3d Supp. 42, 43-44, 133 Cal.Rptr. 363).”

And yet a judge is under no obligation to state his reason for refusing the traffic school request after a trial. He/she can simply say "no" and call the next case!

we conclude that after convicting a defendant of a traffic infraction the trial court is not required to state its reasons for denying the defendant's request for traffic school.
....
Nothing in section 42005 requires the court to state its reasons for granting or rejecting traffic school. This contrasts with statutes which expressly require the court to state reasons.
....
To require the busy municipal court to state reasons on the record for denying traffic school in individual cases would impose a time-consuming burden which interferes with the public interest in the efficient processing of thousands of infraction cases. The burden on the system and the public would be far out of proportion to the benefit to be gained by the occasional defendant who hopes to persuade a reviewing court that discretion was abused based on the particular circumstances of his or her case. Given the discretionary nature of the decision and the minor nature of the offense, the trial court should not be saddled with the additional burden of stating its reasons on the record, where the statute does not require it.

[herestoyou]

thank you guys especially h8dlapd!
all of the information was very helpful, and i really appreciate it!

[SoPissedILeftCali]

Hi ThatGuy, I've been trying to do my homework for an upcoming TDN that has a large hitch and you seem to be the most knowledgeable on the topic. I have a simple traffic violation "failure to obey a posted sign," that I was found guilty for after I sent in a TBWD. My biggest problem now is that I live in Missouri and can't make it to California for my court date on December 8th. I'm obviously trying to keep my costs as low as possible and have found three options, but am not sure which would be the best.
1.) Hire a lawyer to represent me. I'm least fond of this idea because it's expensive, and I don't get to tell my story the way I see it.

2.) Court Phone: It's news to me, but I guess there is a service that I can spend $65 on to be part of a conference call with the Judge and citing officer.

3.) I'd prefer to post pone the court date with a continuance because I'll be home for the holidays for the Dec. 22nd traffic court date, but I'm not sure how to arrange this.

Along with keeping the costs down, I'd like to make sure traffic school is an option. I know I'm eligible according to the criteria, but I'm not sure at which point in the process of fighting the ticket my traffic school option is waived.
All of these options are time sensitive and need appropriate time for processing.

As of now, I'm planning on calling the traffic clerk and requesting traffic school on Monday(they're closed today for the holiday), and possibly setting up the Court Phone option. With the Court Phone, it'll cost me $65 to call in and request a continuance. Is there any chance I can request a certain court date? Because there's only one date I'll be in town when the court holds traffic trials.

Anything and everything you can suggest on how to approach this would be greatly appreciated. Thanks.

[That Guy]

Thank you for the compliment.

1.) Hire a lawyer to represent me. I'm least fond of this idea because it's expensive, and I don't get to tell my story the way I see it.

Thank you for the compliment... Depending on what you were cited with, telling your side of the way you see it might not afford you the best opportunity at as decent a defense as you might think (obviously it didn't work for your TBD, so why your TDN)?
~For example, many people think that an “I was driving with the flow of traffic” is a valid reason for speeding... Which it is not (not always, at least).

Why don't you start your own thread detailing the circumstances of what occurred, and brief description of the way you see things and maybe you'll get some direction (not just from me but from others as well)...

2.) Court Phone: It's news to me, but I guess there is a service that I can spend $65 on to be part of a conference call with the Judge and citing officer.

I have NEVER heard of anything even remotely similar to what you describe. Not for traffic infractions, at least. Of course I could be wrong!

3.) I'd prefer to post pone the court date with a continuance because I'll be home for the holidays for the Dec. 22nd traffic court date, but I'm not sure how to arrange this.

While you can in fact “request” a continuance of your Trial De Novo date (it must be done “in writing”), there is no way of guaranteeing that it will be scheduled on a specific date, possible but not likely. By asking for a continuance, you are in effect asking them to give you “the first available date” so it will mainly depend on what is available on the court calendar, not your own. Give them a call and see what happens...

Along with keeping the costs down, I'd like to make sure traffic school is an option.

While there is nothing in the vehicle code (or court rules) that precludes you from being able to choose traffic school after electing for a TBD/TDN.... However, more often than not, judges do not avail that optons after a either a TBD or a TDN. It depends on the judge/commissioner presiding over the case.Ask and see what he/she says...

As of now, I'm planning on calling the traffic clerk and requesting traffic school on Monday(they're closed today for the holiday), and possibly setting up the Court Phone option.

If by that your mean “traffic school” OR “Court Phone” (whatever that might be), then go for it... Alternatively, if you meant that you want to opt for the traffic school option -as in plead guilty and take traffic school- AND you also want to continue forward with your trial date... That won't happen. You cannot do both...

And please... If you have anymore questions or comments then please start your own thread (and feel free to include the pertinent details of your case)... While it falls under the same topic (Trial De Novo)... You are not asking/following up on the same question originally asked here; thanks.