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When is the Latest I Can Submit My TBD

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  • 02-20-2013, 03:07 AM
    that.asian
    When is the Latest I Can Submit My TBD
    My question involves traffic court in the State of: California

    Long story short, first traffic ticket, I got a 22349 A, going 82 MPH in a 65 zone. Ticket is for $367 and my arraignment date is March 1st. I requested an extension, so the new date is on May 2nd (2 extensions).

    1. I plan on submitting a TBD, so would the deadline for it be on the new arraignment date (may 2nd) or would it still be the original date (march 1st)?

    2. I remember reading on another website that you can reserve your right to attend traffic school regardless of the results of the TDN. Can anyone clarify or give some insight into whether this is true or no longer true or how this works or anything whatsover? I know that a judge may withhold your option for traffic school and not tell you why so that's why I asked about this if I lose and the judge denies my traffic school for whatever reason.

    3. After the fees and what not, is $367 a bit steep for a 15-25 mph over speed limit ticket or that's normal (In california anyways)?

    4. Anyways, for a tl;dr version. Radar and he was pacing me (I think). Radar and MVARS were checked on the ticket. I didn't say anything until after he gave me the ticket, just saying I was trying to follow a car in front of me and he said that if the car sped up to 100+MPH, would I follow? I said no, and he just walked back to his car. Does that count as admission of guilt? If that's the case, then in my TBD, should I just say "I contest this ticket" rather than saying "I'm not guilty" as that would be perjury per my admission of guilt (if applicable).

    5. Since radar and MVARS were checked, is there no possible way I could (given he has proper documentation for everything) argue for a reduced fine, down to a 1-15 mph over 65 mph limit ticket?

    Anyways, I'm hoping that he either doesn't fill his TBD or doesn't show up for the TDN. If it gets that far, then I'll probably contest for a lower fine if possible, and hopefully the judge lets me do traffic school. Thanks for any replies. Well, time to sleep, god knows I've lost enough of that over this ticket reading on this forum.
  • 02-20-2013, 05:29 AM
    flyingron
    Re: When is the Latest I Can Submit My TBD
    By filing a TBD you are implicitly pleading not guilty. You seem to have no defense. There's no "documentation" required for this charge to stick against you. You're banking on the extremely tiny case that the officer will screw up. Once you've you've plead not guilty, traffic school often is no longer offered to you. It's extremely unlikely you'll get any consideration AFTER you are found guilty.
  • 02-20-2013, 05:46 AM
    free9man
    Re: When is the Latest I Can Submit My TBD
    Quote:

    Quoting that.asian
    View Post
    3. After the fees and what not, is $367 a bit steep for a 15-25 mph over speed limit ticket or that's normal (In california anyways)?

    Per the California Uniform Bail & Penalty Schedule, $367 is right about on the money. No pun intended.
  • 02-20-2013, 10:04 AM
    HomeAgain123
    Re: When is the Latest I Can Submit My TBD
    You are NOT committing perjury by pleading not guilty. In our country, you are presumed innocent until proven guilty. Your not guilty plea merely recognizes the fact that you have not yet been convicted.
  • 02-20-2013, 11:16 AM
    that.asian
    Re: When is the Latest I Can Submit My TBD
    Quote:

    Quoting flyingron
    View Post
    By filing a TBD you are implicitly pleading not guilty. You seem to have no defense. There's no "documentation" required for this charge to stick against you. You're banking on the extremely tiny case that the officer will screw up. Once you've you've plead not guilty, traffic school often is no longer offered to you. It's extremely unlikely you'll get any consideration AFTER you are found guilty.

    Well, I guess I'm just really going on the idea of that I'm not guilty of this specific charge, 16-25 over speed limit, but a smaller charge, 1-15 over speed limit, would be guilty instead--if the officer shows up that is. I know I can't win and don't really have a defense for it if he does show up, so I'm just going to do damage control as a result.
  • 02-20-2013, 11:22 AM
    flyingron
    Re: When is the Latest I Can Submit My TBD
    Eh? I'm not following you. Absent a defense it would seem your best DAMAGE CONTROL is not to wait until after you're convicted.
  • 02-20-2013, 02:47 PM
    That Guy
    Re: When is the Latest I Can Submit My TBD
    Quote:

    Quoting that.asian
    View Post
    Ticket is for $367 and my arraignment date is March 1st. I requested an extension, so the new date is on May 2nd (2 extensions).

    1. I plan on submitting a TBD, so would the deadline for it be on the new arraignment date (may 2nd) or would it still be the original date (march 1st)?

    If you are submitting a request for a TBD then there is no "arraignment". Your request is made to the clerk in writing... And it does not constitute or substitute for a plea in open court.

    Also, how do you come up with "2 extensions" if you've only requested 1?

    What you need to know though is that some courts interpret the Rules of Court which cover the TBD process to mean that a request for a TBD is timely if it is made by the date to appear on the notice to appear. In other words, your date to appear is on March 1st and a request for a TBD on May 2nd is not considered to be "timely" and as such, it may be denied. court can deny your request

    Quote:

    Quoting that.asian
    View Post
    If that's the case, then in my TBD, should I just say "I contest this ticket" rather than saying "I'm not guilty" as that would be perjury per my admission of guilt (if applicable).

    Regardless of what you say, you have provided nothing that will mitigate or improve your chances for winning.

    Quote:

    Quoting that.asian
    View Post
    I'll probably contest for a lower fine if possible, and hopefully the judge lets me do traffic school.

    You will likely be offered a reduced fine and you'll likely have the option of taking traffic school at the arraignment. It appears that you are shooting yourself in the foot by going through a TBD AND a possibly a TDN (ALL while you have NOTHING to offer in your defense) only to end up hoping for the two things that not only you could not have, but the same two things you could have had at the get go!
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