Filing Appeal in California Traffic Court

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03-08-2012, 06:07 AM
roostjunkie74

Filing Appeal in California Traffic Court

My question involves traffic court in the State of: California
My question involves traffic court in the State of: California
I need help on how to appeal a guilty verdict giving by a Fresno traffic court judge.
I Received a ticket for 21718(a)vc and 34506.3-NP. The 34506.3-NP is hard to explain the end result was guilty. I asked the judge if he could reduce the charge to a no point violation and leave the fine amount as is? I realize the judge has no obligation to reduce the charge. My issue is his response. The judges answer was that the time to ask for reduction is not at the trail I should have asked for that before the trial and just plead guilty. My response to the judge was you just reduced the persons charge before me to a non point violation with agreement with his lawyer and the officer who is present. The judge flat out lied and said oh that person was not at his trial yet. I asked then why is the officer her and why is it on the calendar as a trial? His response was a smerk and he said well that's just how things are done around here!
In regards to 21718(a): I was parked at the bottom of a off ramp on private property owned by the truck stop. There is a shoulder on the off ramp n then to the right of that a large clear area wide enough to park 4 semi tucks side by side and still not be on the shoulder. There is not a single no parking sign. The officer admitted that yes trucks often park there and yes caltrans also parks vehicles there often because it is such a abnormally large area.
The officer claimed it was state property simply because the fence line 2 feet from the passanger window was in his jurisdiction. I explained that it was private property and where I was parked it was a easement given to PG&E. The officer was unable to prove I had broken the law and the Judge found me guilty because I did not have my flashers on and failed to bring proof that it was private property. The cop had no proof other then his word and that was ok for the judge.
I would like to know how to file an appeal in Fresno traffic court
03-08-2012, 08:51 PM
That Guy

Re: Filing Appeal in California Traffic Court

Quote:

Quoting roostjunkie74

I Received a ticket for 21718(a)vc and 34506.3-NP. The 34506.3-NP is hard to explain the end result was guilty.

OK, first one is really a parking ticket, but simply because it was issued by a peace officer as defined in the Penal code, on a notice to appear form, makes it an infraction... As for the second one, and rather than simply dismissing the chance we might understand, try and explain it and well go from there, but for now, it is often referred to as a logbook violation and I do see three separate entries for fine amounts under the bail schedule... Is that related to the 21718 charge or is it a separate violation? Also, if it is a separate charge, what was the actual violation and how much was the fine that the judge imposed for that section?

All of this makers it obvious that you are a Commercial license holder... And if so, was it really that viable an option to go pro per, assume you can predict an outcome AND if not convince the judge to "Plea bargain" instead of hiring an attorney?

Quote:

Quoting roostjunkie74

I asked the judge if he could reduce the charge to a no point violation and leave the fine amount as is?

I see that 21718 carrying a violation point, where as the 34506.3 can be cited with or without points and IIRC one point for a non-CDL licensee is one and a half points for a CDL, am I correct?

So which charge were you asking him to reduce?

Quote:

Quoting roostjunkie74

I realize the judge has no obligation to reduce the charge.

Actually, theoretically, the judge CANNOT reduce the charge!

Legally, only the district attorney can amend a charge, but since it is not likely that a Deputy D.A. was at your trial, and although the officer is only a witness, and cannot legally suggest/amend/stipulate to a plea/lower charge, there is a procedure where the court can -on its own motion- dismiss the original charge. the officer re-issues the citation under a different code section, and since the defendant is benefiting, no one is going to complain that it was "procedurally wrong", and so a short cut is entered into with both parties stipulating to the change. Obviously, the judge must be willing to allow this to happen and the officer must be willing to participate...

This time, the judge refused to allow that to happen... Is that abuse of his power/discretion?

Quote:

Quoting roostjunkie74

My issue is his response. The judges answer was that the time to ask for reduction is not at the trail I should have asked for that before the trial and just plead guilty.

If I had a nickel for each time I've said that on this forum...

Quote:

Quoting roostjunkie74

My response to the judge was you just reduced the persons charge before me to a non point violation with agreement with his lawyer and the officer who is present. The judge flat out lied and said oh that person was not at his trial yet. I asked then why is the officer her and why is it on the calendar as a trial? His response was a smerk and he said well that's just how things are done around here!

If the officer is there, and the defendant and his attorney are there, and the defendant's name is on calendar then yeah, he's likely there for a trial... The question is, (a) did the process which resulted in the plea bargain happen BEFORE the trial started? or (b) did they go through trial and then plea bargained?

I wasn't anywhere near Fresno at the time there but I bet you a $1 the answer is (a)!!!

And if I am correct about that part, I would also be correct in assuming that you got greedy, you went for broke and assumed you will be found not guilty, and that didn't work out!

Quote:

Quoting roostjunkie74

In regards to 21718(a): I was parked at the bottom of a off ramp on private property owned by the truck stop. There is a shoulder on the off ramp n then to the right of that a large clear area wide enough to park 4 semi tucks side by side and still not be on the shoulder. There is not a single no parking sign.

I have NEVER ever seen a "no parking" sign on ANY freeway, and yet 21718 applies to each and every one by virtue of the "emergency stop only" signs that are posted... Now the question then becomes "does 21718 apply to the freeway AND on/off ramps equally?"

Quote:

Quoting roostjunkie74

The officer admitted that yes trucks often park there and yes caltrans also parks vehicles there often because it is such a abnormally large area.

I see people speeding on the freeway and if "they did it so it must be OK" defense would work in court, I would be a rich man from all the fines I've saved in my years of driving!

Caltrans, by the way, would be exempt from this restriction assuming they are doing any work there/nearby (see 21718(a)(3))

Quote:

Quoting roostjunkie74

The officer claimed it was state property simply because the fence line 2 feet from the passanger window was in his jurisdiction. I explained that it was private property and where I was parked it was a easement given to PG&E. The officer was unable to prove I had broken the law and the Judge found me guilty because I did not have my flashers on and failed to bring proof that it was private property.

Without proof of ANY of the above, it ALL can be classified as "claims", and I would agree with the judge that YOUR undocumented "explanation" is a mere (baseless) "claim"...

As far as an appeal goes, keep all of the following in mind:

In an appeal, the evidence is reviewed AS IS, you cannot add to it or take away from it...
The record is reviewed in a light most favorable to the prosecution, and you then have a high burden to prove your case...
The appellate will not second guess or override the judge's decision as to the weight of the evidence or the credibility of the witnesses...
You actually have 2 stories there... Story # One is that the judge was biased and offered one defendant a plea bargain simply because he had a lawyer and yet offered you none because you didn't... Frankly, even *IF* the other defendant did actually go through the trial he was scheduled for, the circumstances of the case may have been different but even *IF* those should have little effect on the final outcome, the simple fact that his name was on the same calendar as yours does not guarantee you the same outcome... Add to that the fact that his having an attorney does not mean he gets special treatment, only that he had someone to guide him to a better outcome and at which point to turn... Story # Two is that the judge had insufficient evidence to convict you, that you knew which evidence would acquit you but you simply didn't bring it...

I'm not feeling it either way!

Quote:

Quoting roostjunkie74

I would like to know how to file an appeal in Fresno traffic court

You can go to the California Courts - Traffic Forms Page

All the "CR-???" forms are appeal related... Start by reading CR141-INFO

Keep in mind that you have 30 days from the date your judgment was rendered to file your CR-142 Notice of Appeal Form with the court.

Good luck!
03-09-2012, 12:25 AM
quirkyquark

Re: Filing Appeal in California Traffic Court

Quote:

Quoting That Guy

All of this makers it obvious that you are a Commercial license holder... And if so, was it really that viable an option to go pro per, assume you can predict an outcome AND if not convince the judge to "Plea bargain" instead of hiring an attorney?

Amen -- let this be a lesson to all the wannabe pro per truckers out there -- do not gamble with your livelihood!

Quote:

Quoting That Guy

Obviously, the judge must be willing to allow this to happen and the officer must be willing to participate...

This time, the judge refused to allow that to happen... Is that abuse of his power/discretion?

If the officer is there, and the defendant and his attorney are there, and the defendant's name is on calendar then yeah, he's likely there for a trial... The question is, (a) did the process which resulted in the plea bargain happen BEFORE the trial started? or (b) did they go through trial and then plea bargained?

I wasn't anywhere near Fresno at the time there but I bet you a $1 the answer is (a)!!!

TG is 197% correct! NO ONE can amend a charge AFTER a judgment (i.e. verdict) has been rendered. The only power/discretion the judge has at that point is what sentence to impose. He CAN reduce your fine to $0, but he CANNOT prevent the (1.5) points going on your record.

The other trial was scheduled but never actually occurred!!! That's the difference. Plea bargains are by definition pre-trial.

The procedure TG described is routine for attorney-represented CDL defendants. I've even seen regular drivers, if represented, get breaks you wouldn't usually get in pro per --- of course, these folks are usually in big trouble: multiple FTAs, etc. You could have tried asking the judge pre-trial, but I doubt the officer would have agreed. The only reason CDL holders get attorneys is because the officers WILL talk to them and cut a deal. They don't want to go to trial against an attorney.