ExpertLaw.com Forums

How to Withdraw a Guilty Plea to a Ticket to Attend Traffic School

Printable View

Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
  • 04-17-2018, 04:57 PM
    vietbub
    How to Withdraw a Guilty Plea to a Ticket to Attend Traffic School
    My question involves a traffic ticket from the state of: San Jose, California.

    I got a ticket for going 73 mph in a 55 mph and received a CVC 22349(a). My courtesy notice did give me traffic school and based on the California court rules I qualify for traffic school. I have neither paid the fine or requested a Trial.

    I made a mistake and misunderstood the instructions given to me by the video shown before arraignment. I misunderstood that I was only allowed to plea guilty, not guilty, and no contest. I made a plea of "no contest" but did not request traffic school. I thought my arraignment was not a "Trial" and my traffic school was still in play because I had not requested a trial based on my courtesy note, "Referral to Traffic School after Trial is at the discretion of the Judicial Officer." I found out that I had to request traffic school when I brought my paperwork to the clerk and noticed that traffic school was not provided. To my knowledge the judge did not mention traffic school. The clerk decided to schedule me for a hearing called a "Fine Payment Hearing" and I did not have to pay my fine.

    This is my first time in traffic court and I messed up badly. The clerk that was helping me told me that mistakes like this are very common and its no big deal. Is this true?

    Should I go into this hearing under the assumption that this hearing to fix correct errors? Or should I go into this hearing to beg for leniency from the Traffic Commissioner?

    Did I completely ruin my chances for traffic school?

    edit: Title is a typo. "I did NOT understand"
  • 04-17-2018, 07:55 PM
    zeljo
    Re: Plead No Contest at Arraignment and Did Understand I Had to Request Traffic Schoo
    Never heard of this "fine payment hearing." Is it scheduled for a particular date and time? If yes, you will likely see the judge/commissioner and you can ask for traffic school at that time.
  • 04-17-2018, 08:27 PM
    vietbub
    Re: Plead No Contest at Arraignment and Did Understand I Had to Request Traffic Schoo
    Yes it is scheduled for a particular date and time.

    Should a court clerk be able to add traffic school without a hearing? Reading "Rule 4.104. Procedures and eligibility criteria for attending traffic violator school", I do not believe that I meet any of the factors that would make me ineligible for traffic school and prevent a clerk from adding it. My courtesy notice also says "Referral to traffic court after a trial is at the discretion of a judge".

    Reading my court's website, an arraignment does not count as a trial. They imply that an arraignment is just a first appearance to request for a court trial; which I did not request. Since this has not went to trial and only arraignment is traffic school at the discretion of the judge?
  • 04-18-2018, 05:18 AM
    free9man
    Re: Plead No Contest at Arraignment and Did Understand I Had to Request Traffic Schoo
    Traffic school is always at the discretion of the judge.

    Because you pled no contest, there is no trial.

    You lose nothing by requesting Traffic School at your fine payment hearing. I'm like zeljo, I've never heard of such an animal but I guess it must be a thing.
  • 04-18-2018, 08:40 AM
    vietbub
    Re: Plead No Contest at Arraignment and Did Understand I Had to Request Traffic Schoo
    How do I request traffic school?

    Do I just say "I would like traffic school"?
  • 04-18-2018, 10:44 AM
    zeljo
    Re: Plead No Contest at Arraignment and Did Understand I Had to Request Traffic Schoo
    Yes, you just say "I would like traffic school".
  • 04-18-2018, 12:58 PM
    vietbub
    Re: Plead No Contest at Arraignment and Did Understand I Had to Request Traffic Schoo
    Quote:

    Quoting EJay
    View Post
    The odds that they will allow to attend traffic school are in your favor.

    May I ask why it is in my favor?

    I am afraid that the judge will not give it to me because I made a mistake in my arraignment and did not request traffic school.
  • 04-18-2018, 01:04 PM
    free9man
    Re: Plead No Contest at Arraignment and Did Understand I Had to Request Traffic Schoo
    Quote:

    Quoting vietbub
    View Post
    May I ask why it is in my favor?

    Because generally speaking, judges are usually nice and reasonable folk. If this is your first infraction ever/in a while, they are more likely to be nice to you. It's not a slam dunk but you will probably be allowed.
  • 04-18-2018, 03:26 PM
    zeljo
    Re: Plead No Contest at Arraignment and Did Understand I Had to Request Traffic Schoo
    Quote:

    Quoting vietbub
    View Post
    May I ask why it is in my favor?

    I am afraid that the judge will not give it to me because I made a mistake in my arraignment and did not request traffic school.

    And if that happened, you'd be no worse off than you are now. Are you afraid to talk to the judge? You have been given your advice, take it or leave it.
Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
All times are GMT -7. The time now is 10:08 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved