Cited for Failure to Obey a Regulatory Sign, VC 21461(A)

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Quoting adam_

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Agree with That Guy. YOU can work on the TBD, but once in court, the judge will not let you speak, she will need to do it. This is an easy one, just follow the TBN.

To the issue of "the officer didn't write the no parking on the ticket"... he WILL have to say SOMETHING to the judge (in the offcier written declaration) which says "she didn't follow the ____ sign" .

Your argument will say "the officers' TR235 will state that I was either parked at a no parking sign, or stopped at a no stopping sign. Since both of these signs are defined as "Parking signs" under the R8 series of signs in the Cal MUTCD, this act constitutes a violation of CVC25505, which pursuant to 21461(b) cannot be cited under 21461(a)." (or similar)

BTW, I emailed it to you email- check your spam filters.

A

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Hi


CVC 22505 says

The Department of Transportation with respect to
highways under its jurisdiction.......

In areas where, in its opinion, stopping, standing, or parking
is dangerous to those using the highway or where the stopping,
standing, or parking of vehicles would unduly interfere with the free
movement of traffic thereon.

Does highways really mean any road since this one is more like a residential street. I also received your email. It was indeed in the junk folder.

On the other hand, 22507 is a bit more closely resemblan my wife's situation:

22507. (a) Local authorities may, by ordinance or resolution,
prohibit or restrict the stopping, parking, or standing of vehicles,
including, but not limited to, vehicles that are six feet or more in
height (including any load thereon) within 100 feet of any
intersection, on certain streets or highways, or portions thereof,
during all or certain hours of the day.

Regards

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Quoting sonhox

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Does highways really mean any road since this one is more like a residential street.

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Highway is defined as (CVC 360): "Highway" is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.

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Quoting That Guy

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Highway is defined as (CVC 360): "Highway" is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.

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What is the next step she's found guilty by TBD ? Request for a trial in front of a judge ? Can she still asking for traffic school if found guilty then ?

Regards

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Quoting sonhox

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What is the next step she's found guilty by TBD ? Request for a trial in front of a judge ? Can she still asking for traffic school if found guilty then ?

Regards

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Next step is trial de novo, or in front of a judge.

Personally I didn't care about traffic school, I felt so strongly that I was going to take it to appeals if necessary.... didn't need to.

It is up to the judge to decide if you can still take school...you can call the court clerk and ask if there is a policy on this- first check on the court website, sometimes those details are posted.

A

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Quoting adam_

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Next step is trial de novo, or in front of a judge.

Personally I didn't care about traffic school, I felt so strongly that I was going to take it to appeals if necessary.... didn't need to.

It is up to the judge to decide if you can still take school...you can call the court clerk and ask if there is a policy on this- first check on the court website, sometimes those details are posted.

A

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Our argument basically said she violated either section 22505b or 22507a, both belong to Chapter 9.
Just got the verdict, guilty. Looks like trial de novo is the next step.

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Quoting sonhox

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Our argument basically said she violated either section 22505b or 22507a, both belong to Chapter 9.
Just got the verdict, guilty. Looks like trial de novo is the next step.

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You should have your wife contact the court clerk to request a copy of the officer's declaration. Once you have that in hand, redact all personal info, scan it as an image file, upload it to an image hosting website (imageshack.com or photobucket.com ... etc) and post the link to it here.

My wife went to court and ask for the officer's declaration, they said he did not submit one. Basically, the judge just rubber stamp the TBD as guilty !!

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Quoting sonhox

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My wife went to court and ask for the officer's declaration, they said he did not submit one. Basically, the judge just rubber stamp the TBD as guilty !!

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So what happened with this? I'd have written a letter to the judge asking him to dismiss the case, file a judicial complaint....

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Quoting adam_

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So what happened with this? I'd have written a letter to the judge asking him to dismiss the case, file a judicial complaint....

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Went to court today, all prepare, however the officer did not show up, case dismissed. Thank you all for helping out, we learned a lot through this whole thing.

Congrats...