Ineligible for Traffic School After Receiving an Extension

[mammymavis]

Hello,

I received a speeding ticket on May 30, 2009. At the time I was unable to pay the fine so I requested an extension, which made me ineligible for traffic school.

I submitted a letter requesting community service or a fine reduction and the opportunity for traffic school because of personal and financial hardship. The court gave me the option of pleading Guilty or No Contest and a fine reduction to $135, with no mention of traffic school. I really can't afford for my insurance rates to go up, I can barely pay my rent.

Is there any benefit to me pleading not guilty and requesting a court date? I've included additional information that might be helpful below:

• The officer claimed I was clocked at 92 MPH in a 65. He said he would not have stopped me had I been going 85
• The officer marked that I was going 89 on my ticket so I would be eligible for traffic school but I was not able to afford to pay the ticket and attend.
• I have been traveling back and forth to visit my family often because of the recent passing of my mother.
• The ticket was issued near Fort Tejon so it is Kern County - Lamont branch.

Thank you very much for any help you might provide.

[EWYLTJ]

An extension does NOT make you ineligible for traffic school. The $135 thing sounds like a bargain. If you really want traffic school, go to court, plead guilty under the condition that you get the $135 fine and traffic school.

[h8dlapd]

Sorry to hear about your mother's recent passing.

It sounds like you're dealing with the court's clerks (traffic division and not even the judicial clerk) by written correspondence. Like EWYLTJ said, you should go to court and request for traffic school.

You've requested an extension...I believe they should have given you an arraignment date (this is when you're required to appear in court to state your position...guilty or not guilty). If you're able to take the time off of work to appear in court, go to court and make the request for traffic school. You'll have to plead guilty.

It's more than likely that the judge/commissioner will reduce your fine and allow you to attend traffic school (if you're eligible).

If the judge/commissioner denies traffic school, maybe you can argue the following:

“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).”

Best of luck.

[mammymavis]

Thank you, this has been very helpful. I really appreciate it.